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^Library  of  the  University  of  California,^ 


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DOCUMENT^ 
OEPT. 


THE    CASE 


OF 


GREA.T     BEITAIN 


AS  LAID  BEFORE  THE 


TRIBUNAL  OF  ARBITRATION, 


CONVENED  AT  GENETA 


UNDER 


THE  PROVISIONS  OF  THE  TREATY  BETWEEN  THE  UNITED  STATES 
OF  AMERICA  AND  HER   MAJESTY   THE    QUEEN    OF 
GREAT  BRITAIN,  CONCLUDED  AT  WASH- 
INGTON, MAY  8,  1871. 


PRINTED  BY  ORDER  OF  CONGRESS,  U.  S.  A. 


IN  THEEE    VOLUMES. 

VOLUM  E     II 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE, 
1872. 


^ 


<& 


i 


sv 


& 


EXPLANATORY  NOTE. 


The  figures  in  brackets  in  the  text  indicate  the  pages  of  the  edition 
which  was  laid  before  the  Tribunal  of  Arbitration  at  Geneva  ;  the  * 
indicates  the  word  with  which  each  page  commences. 

The  references  to  pages  in  the  foot-notes  refer  to  the  pages  in  the  edition 
laid  before  the  Tribunal  of  Arbitration  at  Geneva,  which  may  be  found 
in  this  edition  by  referring  to  the  figures  in  brackets  in  the  text. 

In  the  table  of  contents  the  column  of  figures  under  the  head  of  "  Geneva 
edition"  refers  to  the  edition  which  was  laid  before  the  Tribunal  of 
Arbitration  at  Geneva,  and  the  column  under  the  head  of  "Second 
edition  "refers  to  this  edition. 


APPENDIX,   VOL.  II. 

(GENEVA  EDITION.) 


H.  Ex.  282,  vol.  ii 1 


GENERAL   TABLE    OF    CONTENTS. 


SUMTER,  (or  GIBRALTAR.) 
July  30,  1861,  to  September  3,  1863. 


Geneva      Seoond 
edition,     edition. 

Page.       Page. 


7 
8 

34 
35 

10 

37 

11 
12 
13 

38 
39 
40 

Arrival  of  the  Sumter  at  Trinidad,  July  30,  after  breaking  the  block- 
ade on  the  29th  of  June.  Her  commission  verified  by  captain  of  Her 
Majesty's  ship  Cadmus 1  27 

Opinion  of  law-officers.  Approval  of  proceedings  of  governor  and  cap- 
tain of  Cadmus 2  28 

Representation  from  Mr.  Adams.  Statement  of  Mr.  Bernard  as  to  the 
reception  of  the  vessel  at  Trinidad 3 

Report  from  captain  of  Her  Majesty's  ship  Cadmus.    A  new  main-  29 

yard,  eighty  tons  of  coal,  and  provisions  obtained  by  the  Sumter 4  31 

Reply  to  Mr.  Adams.  Explanation  as  to  supplies  allowed,  and  alleged 
hoisting  of  British  flag  on  the  government  flag-staff  at  the  time  of 
the  Sumter's  arrival „ 5  3£ 

Sumter  at  Cadiz.  Probability  of  her  coming  to  Gibraltar.  Governor 
Sir  W.  Codrington  and  Captain  Warden  request  instructions L 

Arrival  of  the  Sumter  at  Gibraltar,  January  18,  1862 

Captain  Semmes  informed  that  the  rule  of  twenty-four  hours  must  be 
observed  in  favor  of  United  States  merchant-vessels 

Interview  of  governor  with  Captain  Semmes.  Promise  to  observe  the 
neutrality  of  the  port - 

Questions  put  to  the  attorney-general,  with  his  replies 

Correspondence  with  Consul  Sprague 

Inquiry  of  governor  whether  the  third  paragraph  of  the  instructions 
of  January  31,  received  February  11,  limiting  the  stay  of  belligerent 
vessels  in  British  ports,  is  to  be  applied  to  the  Sumter,  which 
entered  Gibraltar  three  weeks  before  the  notification  of  the  instruc- 
tions  , 14  41 

Question  whether  coal  should  be  supplied  from  government  stores,  as  it 

cannot  be  procured  from  private  merchants 15  42 

Opinion  of  law-officers.  Sumter  cannot  be  required  to  leave  under  the 
third  paragraph  of  the  instructions.  Coal  not  to  be  supplied  from 
government  stores 

Captain  Semmes  informed  accordingly 

Correspondence  with  Captain  Semmes  and  Consul  Sprague  as  to  desert- 
ers from  Sumter 

Arrival  of  Tuscarora  February  12.  Rules  laid  down  to  preserve  the 
neutrality  of  the  port 

Approval  of  Captain  Warden's  refusal  to  supply  coals 

Inquiry  whether  the  Tuscarora  should  be  ordered  to  leave  port  under 
the  rules  of  January  31,  she  having  arrived  within  six  days  of  their 
notification.  Governor  considers  they  are  not  applicable  to  her. 
His  views  concurred  in _ 25  52 

Mr.  Myers,  of,  the  Sumter,  and  Mr.  Tunstall,  imprisoned  by  United  States 

consul  at  Tangier 25  53 

Question  whether  they  could  be  allowed  to  be  retained  in  custody  on 

board  a. United  States  ship  of  war  at  Gibraltar 28  54 

Correspondence  with  Captain  Semmes  and  Captain  Craven,  of  the 

Tuscarora,   respecting  a  statement  that    the  Sumter   was    being  • 

watched  by  that  vessel's  boats - 27  55 

Orders  issued  by  Captain  Warden 29  57 

Letters  addressed  by  the  governor  to  Captain  Craven,  commenting  on 

the  language  used  in  his  communications - . .  30  58 


16 
19 

42 

47 

20 

48 

23 

24 

50 
51 

4  TREATY    OF    WASHINGTON. 

/ 

Geneva      Second 
edition,     edition. 

Page.       Page. 

[IV]     *  Opinion  of  law-officers  as  to  prisoners  being  brought  into  port 

on  board  a  foreign  ship  of  war 32  C0 

Prisoners  taken  from  Tangier  in  the  United  States  ship  Ino,  and 

transferred  to  a  merchant- vessel  for  conveyance  to  America 33  62 

Protest  of  Captain  Semmes  against  conduct  of  the  British  minister  at 
Tangier  in  not  interfering  in  behalf  of  the  prisoners.  Copies  of 
correspondence 34  62 

Report  from  the  governor.  Proceedings  at  Tangjer.  Necessity  of  ex- 
cluding boats  of  Tuscarora.  Misapprehension  of  Captain  Craven  as 
to  the  application  to  that  vessel  of  the  instructions  of  January  31 . .  39  67 

Dispatch  to  Lord  Lyons  informing  him  of  the  language  and  conduct 

of  the  captain  of  the  Tuscarora 41  70 

Departure  of  Captain  Semmes,  with  the  majority  of  his  officers,  from 

Gibraltar,  April  11.    Tuscarora  remains  at  Algeciras 42  71 

Sale  of  the  Sumter  to  British  owners,  December  19 43  71 

Protest  of  the  United  States  minister  at  Madrid,  on  the  ground  of  her 

being  a  prize  taken  by  the  confederates -      45  74 

Protest  of  Consul  Sprague,  on  the  ground  of  her  sale  being  to  avoid 

capture T 46  74 

Denial  of  Lieutenant  Chapman  that  the  Sumter  was  a  prize.  She  was 
formerly  the  Habana,  and  purchased  from  her  owners  at  New 
Orleans 47  75 

Demand  of  purchaser  for  a  British  register.  The  governor  requests  in- 
structions    47  76 

Protest  of  Mr.  Adams  against  the  sale , 47  76 

Vessel  re-named  the  Gibraltar.   Her  movements  watched  by  the  United 

States  ship  Chippewa 48    ,       76 

Mr.  Klingender's  application  for  a  register  and  to  land  the  guns.  He 
bought  her  for  £19,500 49  78 

Request  of  naval  authorities  for  instructions  as  to  the  protection  to  be 
afforded  to  the  Gibraltar 50  78 

Opinion  of  law-officers.  The  sale  could  not  properly  have  been  pro- 
hibited. The  purchaser  entitled  to  a  register.  If  the  vessel  is  cap- 
tured, her  condemnation  by  a  United  States  prize-court  would  not 
warrant  the  interference  of  Her  Majesty's  government 52  81 

Instructions  given  in  this  sense.  The  purchaser  to  be  warned  that  Her 
Majesty's  ships  will  not  protect  the  vessel  from  capture 53  83 

Telegram  sent  to  Gibraltar  accordingly,  with  explicit  instructions  not 
to  protect  the  vessel  beyond  the  three-miles'  limit  of  British 
waters 54  84 

Further  protest  from  Consul  Sprague.   Sale  will  not  be  recognized 55  85 

Arrival  of  the  vessel  in  Liverpool,  February  13.  Letter  from  Mr. 
Adams  calling  attention  to  the  bearing  on  the  case  of  the  Queen's 
proclamation  limiting  the  stay  of  vessels  in  British  ports 56  86 

Opinion  of  law-officers.  Proclamation  not  applicable  unless  it  can  be 
shown  that  the  vessel  has  not  been  bona  fide  converted  into  a  mer- 
chant-ship.   Reply  to  Mr.  Adams  accordingly 57  87 

Rejoinder  from  Mr.  Adams.    His  views  as  to  the  sale  of  vessels  of  war 

in  neutral  ports •  58  88 

Report  from  customs.  No  foundation  for  the  supposition  that  the  ves- 
sel is  being  re-equipped.    Mr.  Adams  informed 59  89 

Opinion  of  law-officers.  Mr.  Adams  under  a  misapprehension  as  to  the 
rule  with  regard  to  the  sale  of  vessels  of  a  belligerent  in  neutral 
ports.  Such  vessels,  if  captured,  may  be  condemned  in  a  prize- 
court,  but  the  sale  is  not  illegal  as  regards  the  neutral.  Case  of  the 
Baltica 61  92 

Mr.  Adams's  thanks  for  result  of  the  inquiry  made  at  Liverpool  being 

communicated  to  him 61  93 

Letter  to  Mr.  Adams.  Explanation  of  the  rule  of  international  law  in 
the  case  of  the  sale  of  vessels  of  a  belligerent  in  neutral  ports 

Further  correspondence  on  the  subject 

Vessel  said  to  be  refitting  for  sea 

Reports  from  customs.  She  is  being  prepared  for  a  mercantile 
voyage 

Mr.  Adams  informed.  Depositions  forwarded  by  him.  Deposition  of 
Moses  Lansing 

Deposition  of  John  Markham  ;  two  large  guns  being  shipped.... .... 


62 
63 
63 

93 
95 
96 

64 

96 

65 
66 

97 

98 

BRITISH    CASE    AND    PAPERS. 


Immediate  inquiries  made.    No  guns  oil  board 

Further  inquiries.  Request  of  owners  to  be  informed  whether  their 
vessel  will  be  seized  if  they  ship  two  large  fort-gans 

Opinion  of  law-officers.  Explanations  should  be  required  and  a  clear- 
ance refused  in  the  mean  while „ 

[ V]      *  Instructions  given  accordingly 

The  vessel  chartered  by  Captain  Blakely,  who  is  the  shipper  of 
the  guns.    Law-officers  consider  further  explanations  necessary 

Police  report  respecting  this  vessel  and  the  vessels  Phantom  and  South- 
erner  

Clearance  to  continue  to  be  withheld 

Letter  from  Captain  Blakeley.  Guns  intended  for  a  fortress.  Too 
large  for  use  at  sea l 

Opinion  of  law-officers.    Clearance  may  be  granted * 

Guns  landed  at  Gibraltar  have  been  removed  by  the  purchaser  of  the 
vessel,  September  3 80  114 

Explanation  of  customs  collector  as  to  a  statement  said  to  have  been 
made  by  him  that  no  obstacles  would  be  placed  in  the  way  of  the 
guns  being  shipped  if  they  were  intended  for  the  Federal  Govern- 
ment. Shipments  of  this  kind  have  been  constantly  going  on  to  the 
Northern  States  since  the  commencement  of  the  civil  war,  and  are 
still  being  continued 82  116 


Geneva 
edition. 

Second 
[edition. 

Page. 
67 

Page. 
99 

70 

103 

71 

72 

104 
104 

73 

108 

74 
75 

108 
108 

77 
80 

111 
113 

NASHVILLE. 

October  30,  1861,  to  February  24,  1862. 

Arrival  of  the  Nashville  at  Bermuda,  October  30,  1861 87  123 

Refusal  to  supply  her  with  coal  from  the  government  stores 88     N    124 

Instructions  to  colonial  governors  as  to  the  treatment  of  vessels  under 

the  confederate  flag 89  125 

Arrival  of  the  Nashville  at  Southampton,  November  21 90  126 

Opinion  of  the  law-officers  as  to  the  course  to  be  adopted  toward  her. .  90  126 

Directions  given  to  prevent  her  adding  to  her  warlike  equipment  or 

taking  on  board  guns  or  munitions  of  war  r 91  127 

Report  of  Captain  Patey.    Prisoners  from  Harvey  Birch  landed 91  128 

Nashville  docked.     She  is  a  regularly  commissioned  ship  of  war 92  128 

Representation  from  Mr.  Adams.  Request  that  inquiry  may  be  made 
as  to  the  authority  possessed  by  the  vessel,  and  as  to  her  making 

more  effective  preparations  for  war 93  129 

Deposition  of  W.  H.  Nelson  as  to  destruction  of  Harvey  Birch 94  131 

Copies  of  the  ship's  articles  and  Lieutenant  Fauntleroy's  commission 

forwarded  to  the  admiralty  by  Captain  Patey 95  132 

Application  for  a  warrant  against  Captain  Pegram  for  delivery  of  arti- 
cles captured  in  Harvey  Birch , .  97  134 

Inquiry  made  as  to  the  purpose  for  which  the  Nashville  entered  port  .  98  135 

Opinion  of  the  law-officers.  The  vessel  is  properly  commissioned,  and 
national  ships  of  one  party  resorting  to  British  ports  cannot  be  in- 
terfered with  in  respect  of  hostile  acts  done  on  the  high  seas  to  the 

ships  of  the  opposite  party „ 99  136 

Further  opinion.  No  English  magistrate  has  jurisdiction  to  issue  the 
warrant  applied  for,  the  Nashville  being  undoubtedly  a  commis- 
sioned ship  of  war ..., 100  137 

Reply  to  Mr.  Adams's  representation.  Directions  already  given  to 
prevent  any  violation  of  neutrality,  and  further  instructions  will  be 

issued  if  required % 101  138 

Satisfaction  expressed  by  Mr.  Adams  at  the  intentions  of  Her  Majesty's 

government 102  140 

Report  from  customs.    The  Nashville  has  been  docked  for  repairs  to 

her  keel 103  141 

Report  from  Captain  Patey.    No  warlike  equipment  has  taken  place.  105  143 

Deposition  of  F.  Williams,  deserter  from  the  Nashville.     Statement 

that  she  was  represented  to  be  a  merchant-ship  at  Bermuda 10S  144 

Attempt  of  two  officers  and  three  men  of  Tuscarora  to  watch  the  Nash- 
ville in  Southampton  docks 107  146 


108 

146 

109 

148 

113 

151 

•115 

153 

116 

155 

6  TREATY    OF    WASHINGTON. 

Geneva      Second 
edition,     edition. 

Page.       Page. 

Mr.  Adams  informed  that  armed  parties  cannot  be  allowed  to  land 
from  United  States  ships  of  war  and  that  hostilities  will  be  pre- 
vented in  British  waters.  Application  of  the  rule  of  twenty-four 
hours 

Promise  of  captains  of  both  ships  to  observe  the  rule 

Movements  of  the  Tuscarora.    She  leaves  Southampton  and  returns. . 
The  Nashville  and  Tuscarora  to  be  ordered  to  leave  port 

[vi]     *  Departure  of  the  Tuscarora,  January  29 

Remonstrance  from  Mr.  Adams  against  intimation  given  to  the 
captain  of  the  Tuscarora 117  155 

Statement  of  facts  forwarded  to  Mr.  Adams.  Her  Majesty's  govern- 
ment have  reason  to  complain  of  the  attempt  of  the  captain  of  the 
Tuscarora  to  carry  on  hostilities  in  British  waters 1*21  159 

Return  of  the  Tuscarora  to  Cowes  Roads.    Notice  given  to  her  not  to 

sail  till  twenty-four  hours  after  the  Nashville,  February  3 124  162 

Report  from  the  governor  of  Bermuda.  No  truth  in  the  statement  of 
Williams  that  the  Nashville  was  represented  to  him  to  be  a  mer- 
chant-ship   126  165 

Arrival  of  the  Nashville  at  Bermuda,  February  20.  Departure,  Feb- 
ruary 24  .• 127  166 

Steps  taken  to  enforce  the  twenty-four  rule  in  favor  of  United  States 
merchant- vessels  there 128  167 

Mr.  Adams  informed  of  the  falsehood  of  Williams's  statement 128  166 


BERMUDA. 
August,  1861. 

Mr.  Adams's  application  for  the  detention  of  the  Bermuda,  believed  to 
be  intended  to  make  war  against  the  United  States.  August  15, 
1861 133  173 

The  treasury  requested  to  make  immediate  inquiries,  and  to  take  such 
steps  as  may  be  warranted  by  law , 133  173 

Report  from  the  customs  authorities  at  West  Hartlepool 134  174 

Opinion  of  the  attorney  general  that  there  is  nothing  to  prove  an  in- 
tention to  employ  the  vessel  for  a  warlike  purpose,  or  to  warrant 
interference ;  the  persons  concerned  must  take  the  consequence 
which  may  ensue  from  a  portion  of  the  cargo  being  contraband  of 
war 138  178 

Mr.  Adams  informed  accordingly 138  178 

Extract  from  log-book  of  the  Bermuda,  showing  that  she  ran  into  Sa- 
vannah, and  returned  with  a  cargo  of  cotton 139  179 

Indorsement  on  her  register  as  to  her  seizure  by  the  United  States 

bio 3kading  squadron  on  her  second  voyage 135  176 


HECTOR. 
November,  1862. 

Mr.  Adams's  inquiry  as  to  the  Hector,  said  by  some  to  be  building  for 
Her  Majesty's  government,  by  others  to  be  intended  for  the  confed- 
erates    143  185 

Vessel  found  to  be  intended  for  Her  Majesty's  government 143  186 


GEORGIANA. 
January  16  to  March  20,  1863.        , 

Mr.  Adams's  representation  as  to  the  Georgiana,  built  at  Glasgow,  now 
at  Liverpool,  and  believed  to  be  intended  to  cruise  against  the 
commerce  of  the  United  States.  Report  from  the  United  States 
consul  in  London,  who  cannot  give  the  names  of  his  informants, 

•     January  16,  1863 , 147  191 


! 

BRITISH    CASE    AND    PAPERS.  7 

Geneva     Second 
edition,    edition. 

Page.       Page. 

The  treasury  and  home  office  requested  to  send  directions  by  telegraph 
to  the  authorities  at  Liverpool,  and  to  take  any  steps  which  may 

be  warranted  bylaw 148  192 

[vn]   *  Mr.  Adams  informed  of  the  above  instructions,  but  warned  that 
Her  Majesty's  government  cannot  be  answerable  for  difficul- 
ties resulting  from  the  evidence  on  which  the  representation  is  based 
being  withheld 148  192 

Answer  from  home  office.  Evidence  on  oath  will  be  required  for  any 
legal  action 149  193 

Reports  from  the  customs  as  to  the  nature  of  the  vessel — no  guns  on 
deck,  no  fittings  for  guns.  Vessel  not  adapted  for  a  privateer,  bet- 
ter suited  for  running  the  blockade.    Cleared  for  Nassau 149, 150, 152     i  194r 

195, 
197 

Report  from  the  mayor  of  Liverpool  to  the  same  effect.  Assertion  of 
the  United  States  consul  that  she  has  ports,  arms,  and  fittings  for 
guns 154  198 

Further  reports  from  the  mayor.  The  ports  made  to  let  out  the  water. 
Vessel  not  adapted  for  fighting,  and  has  no  fittings  for  guns.  She 
sailed  January  21 155,156  199,200 

Mr.  Adams  informed  of  the  above  particulars 156  201 

Mr.  Adams's  suspicions  not  removed 157  201 

Statement  made  to  the  British  consul  at  New  York,  that  the  Geor- 
giana  is  intended  for  a  privateer,  and  that  another  vessel,  named  the 
South  Carolina  is  to  be  fitted  out  in  the  Clyde 158  203 

Contradictory  statement  received  by  him.  The  Georgiana  is  a  pri- 
vate merchant-ship,  intended  to  run  the  blockade 159  204 

Report  of  the  destruction  of  the  Georgiana  while  trying  to  run  the 
blockade  at  Charleston 160  205 

Mr.  Adams's  representation  as  to  the  refusal  of  the  authorities  at  Nas- 
sau to  detain  the  Georgiana 161  206 

Correspondence  of  the  United  States  consul  at  Nassau  with  the  colo- 
nial authorities 162  207 

Report  of  the  commissioners  of  customs  as  to  the  assertion  that  an- 
other vessel  is  fitting  out  in  the  Clyde.  There  is  but  one  vessel 
adapted  for  war  fitting  out  at  Glasgow,  and  she  will  be  watched...  163  208 

Opinion  of  the  law-officers.  The  Georgiana  does  not  appear  to  have 
been  fitted  out  or  equipped  for  war  either  in  England  or  at  Nassau ; 
no  violation  of  neutrality  has  been  committed ;  the  other  vessel 
should  be  watched 164  209 


PHANTOM. 

March  26  to  June  3,  1863. 

Mr.  Adams  forwards,  March  26,  1863,  a  report  of  the  United  States 
consul  at  Liverpool,  stating  that  the  Phantom  built  there,  and  the 
Southerner,  about  to  arrive,  are  intended  for  the  confederate  ser- 
vice.   The  consul  supposes  that  it  will  be  impossible  to  obtain  legal 

.  evidence 167  215 

The  home  office  and  treasury  requested  to  make  inquiries  and  take 
steps,  March  27 168  216 

Lord  Russell  suggests  that  the  United  States  consul  should  communi- 
cate the  evidence  on  which  his  statement  is  based  to  the  mayor  of 
Liverpool 168  216 

Reports  from  the  police  and  customs  authorities 169  217 

Mr.  Adams  expresses  his  satisfaction  at  the  readiness  shown  in  making 
investigations 171  219 

Depositions  forwarded  by  Mr.  Adams  as  to  the  character  of  the  Phan- 
tom, and  Captain  Bullock's  connection  with  her.  They  are  referred 
to  the  treasury  and  home  office 171,174  220,222 

Report  from  the  commissioners  of  customs.  The  vessel  is  adapted  for 
running  the  blockade,  but  not  for  a  privateer.  The  solicitor  to  the 
United  States  consul  admits  that  there  is  no  case  against  her 175  223 

Mr.  Adams  informed  accordingly 177  226 


Q  TREATY    OF   WASHINGTON. 

Geneva      Second 
edition,     edition. 

Page.       Page. 
Further  deposition  forwarded  by  Mr.  Adams,  stating  that  men  were 

on  board  the  Phantom  in  uniform 176  225 

Report  from  the  customs  authorities.    The  statement  that  men  in  uni- 
form were  on  board  is  incorrect.    The  vessel  is  much  too  fragile  for 

fighting  purposes 178  227 

Mr.  Adams  informed 179  228 

[vni]  *  Further  statements  forwarded  by  Mr.  Adams  as  to  the  connec- 
tion of  the  vessel  with  persons  in  the  confederate  interest 179  228 

Mr.  Adams  is  informed  that  no  evidence  has  been  produced  sufficient 
to  warrant  interference  with  the  vessel '      181         230 


SOUTHERNER. 

1      March  26  to  July  3,  1863. 

Assertion  of  the  United  States  consul  at  Liverpool  that  there  is  no 
doubt  of  the  Southerner  being  intended  for  a  confederate  cruiser, 

forwarded  by  Mr.  Adams  March  26 167  215 

Police  officers  at  Liverpool  ordered  to  make  inquiries , 186  236 

Statement  of  the  consul  of  the  grounds  for  his  assertion 187  237 

Depositions  forwarded  by  Mr.  Adams,  June  3 187  237 

The  home  office  and  treasury  requested  to  send  telegraphic  instruc- 
tions to  Stockton-on-Tees,  Middlesborough,  Hartlepool,  and  Liver- 
pool to  watch  the  vessel  and  take  legal  steps  if  there  appears  any 

ground  for  interference,  June  4 w 190  240 

Letter  from  the  Union  and  Emancipation  Society,  giving  information 

as  to  the  Southerner „ 191  242 

Report  from  the  customs  collector  at  Stockton,  who  believes  the  ves- 
sel to  be  built  for  carrying  cotton 193  243 

Similar  report  from  the  mayor  of  Stockton 194  244 

Reports  from  Hartlepool.    The  vessel  does   not  appear  to  be  fitted 

for  warlike  purposes 195  245 

Opinion  of  the  law-officers.  The  vessel  should  be  watched,  but  there 
is  not  sufficient  evidence  at  present  to  warrant  her  arrest.    Most  of 

the  evidence  furnished  by  Mr.  Adams  is  on  hearsay 197  247 

Mr.  Adams  informed  accordingly 203  253 

Representation  made  by  the  United  States  consul  at  Newcastle  to  the 

customs  collector  at  Hartlepool v 199  250 

Further  reports  from  Hartlepool * 201  251 

The  treasury  requested  to  have  the  vessel  examined  by  an  admiralty 

surveyor 200  250 

Further  opinion  of  the  law-officers.    There  is  still  nothing  to  justify 

any  proceedings.    All  that  can  be  done  is  to  watch  her  closely 203  254 

Reports  by  the  admiralty  overseer  and  customs  officer  who  have  been 
instructed"  to  examine  the  vessel.  There  is  nothing  in  her  appear- 
ance, construction  or  fittings  to  indicate  that  she  is  intended  for 

warlike  purposes 206,207  257,258 

Mr.  Adams  informed  accordingly 208  259 

The  United  States  consul  at  Algiers  reports  that  the  Southerner  is  en- 
gaged in  carrying  cotton  from  Alexandria  to  Liverpool 209  260 


ALEXANDRA. 

March  30,  1863,  to  May  30,  1865. 

Mr.  Adams's  first  representation.  Application  of  the  United  States 
consul  at  Liverpool  for  the  seizure  of  the  Alexandra,  supported  by 
affidavits,  March  31 219  271 

The  home  office  and  treasury  requested  to  take  any  steps  that  may  be 
warranted 227  279 


BRITISH    CASE    AND    PAPERS.  d 

Geneva  Seconi 

edition,  edition. 

Page.  Page. 

Report  from  the  customs,  the  vessel  will  be  watched 228  280 

Opinion  of  the  law-officers,  advising  the  seizure  of  the  vessel 230  282 

The  treasury  requested  to  give  orders  accordingly,  April  4 230  283 

Mr.  Adams  is  informed,  and  expresses  his  satisfaction 231  284 

Report  from  the  customs.    The  vessel  has  been  seized,  April  5.     Can 

registry  be  refused  ? 232  284 

Opinion  of  the  law-officers  that  registry  should  be  refused 234  287 

Mr.  Adams's  proposal  for  simultaneous  action  on  the  part  of  the  United 

States  Government - 234  286 

[ix]    *Further  explanations  requested 235,240  283,293 

Mr.  Adams,  after  further  legal  advice,  thinks  it  better  to  with- 
draw the  proposal 240  294 

Reports  from  the  police  authorities  of  investigations  made  to  collect 

evidence 236  289 

Damages  claimed  by  the  defendants  after  acquittal  of  the  vessel  com- 
promised for  £3,700 242  296 


MARY,  (or  ALEXANDRA.) 
Part  II. 

Arrival  of  the  Mary  or  Alexandra  at  Halifax.    Representation  of  the 
consul  to  the  governor,  September  10,  1864.    The  governor  declines 

to  interfere  without  evidence,  but  has  made  inquiries 247  299 

Similar  representation  by  Mr.  Seward  to  the  British  charge"  d'affaires 
at  Washington.    The  governor's  reply.    Mr.  Seward's  satisfaction .  272,273  323,324 

The  Mary  at  Nassau,  December,  1864 , 249  .  301 

Statement  made  to  British  charge"  d'affaires  at  Washington  by  Mr.  Sew- 
ard as  to  vessels  being  fitted  out  at  Nassau  for  the  confederates. ..  249  301 

The  receiver-general  is  called  upon  by  the  governor  to  report 250  302 

He  reports  that  no  vessels  have  been  so  fitted  out 254  306 

Representation  by  the  United  States  consul  that  the  Mary  is  having 

guns  put  on  board  and  being  fitted  out 250  301 

Opinion  of  the  attorney-general.  Orders  given  to  search  the  Mary..  251  303 
A  small  gun  is  found  on  board,  but  stated  not  to  be  fitted  for  use  at 

sea 252  304 

Opinion  of  the  attorney-general.   The  circumstances  are  not  sufficient 

to  warrant  immediate  seizure,  but  the  vessel  should  be  watched . . .  253  304 

Hammocks  and  other  articles  found  on  board  on  subsequent  search . .  255  307 

Report  of  an  artillery  officer  that  the  gun  found  might  be  used  at  sea  256  307 
Remonstrances  of  the  United  States  consul  against  the  decision  of  the 

governor * 257  308 

Reply  of  the  governor.    If  there  is  any  evidence  to  prove  violation  of 

the  law,  prompt  measures  will  be  taken 258  309 

The  consul's  rejoinder.    Most  of  his  information  comes  to  him  from 

confidential  sources 260  311 

Dispatch  from  the  governor,  reporting  the  seizure  of  the  vessel 258  310 

A  gun  and  other  suspicious  articles  found  upon  further  search 261  312 

Opinion  of  the  attorney-general  that  the  vessel  should  be  seized 261  312 

Vessel  seized  accordingly , . . .  262  313 

The  consul  informed.     His  satisfaction 265  316 

Reports  from  the  attorney-general  as  to  the  course  to  be  pursued.  The 

opinion  of  the  English  law-officers  requested  by  him 265,  267  316,  318 

The  British  charge"  d'affaires  at  Washington  informed  of  the  seizure.  268  318 
Inquiries  of  the  owners  of  the  vessel  on^what  authority  she  has  been 

seized * 270  320 

He  is  informed  that  the  vessel  has  been  seized  for  violation  of  the  for- 
eign-enlistment act,  and  will  be  tried 274  325 

Opinion  of  the  law-officers  of  England  as  to  the  course  to  be  pursued-  270  321 
Mr.  Seward  informed  of  the  seizure  of  the  vessel.  His  satisfaction..  273,  274  324,  325 
Instructions  to  the  governor  of  the  Bahamas  approving  his  conduct, 

and  informing  him  of  the  opinion  of  the  law-officers 275  326 

The  solicitor-general  at  Nassau  having  accepted  a  brief  for  the  de- 
fendants, is  requested  by  the  governor  to  resign 276  328 

Mr.  Seward's  expression  of  satisfaction  at  the  course  pursued 279  331 

Report  by  Admiral  Hope  of  the  construction  and  fittings  of  the  vessel  278  330 


10  TREATY    OF    WASHINGTON. 

Geneva  Second 

%                                                          edition,  edition. 

Page.  Page. 
Mr.  Adams  expresses  apprehension  that  the  vessel,  even  if  condemned 
and  sold,  may  again  fall  into  the  hands  of  confederate  agents,  and 

be  fitted  out  as  a  cruiser 279  331 

Precautions  taken  against  such  an  occurrence 280, 282, 285  (  332, 

]  333, 
I    338 

Further  representation  from  the  owner . 277  329 

[x]    *He  is  informed  that  the  vessel  must  be  tried 279  330 

The  vessel  acquitted  by  the  vice-admiralty  court,  May  30,  1865.          286  339 

Judgment  of  the  court 289  341 

Opinion  of  the  attorney-general  that  it  would  be  better  not  to  appeal          287  340 

Opinion  of  the  English  law-officers 303  355 

Certificate  that  there  was  probable  cause  for  seizure < 304  355 


IRON-CLAD  VESSELS  BUILT  AT  BIRKENHEAD. 
July  11,  1863,  to  May  26,  1864. 

Report  from  British  consul-general  in  Egypt  that  M.  Bravay  claims  to 
execute  an  order  for  two  steel-clad  frigates  for  the  Viceroy  of  Egypt.  315  367 

Mr.  Adams's  first  representation.  Application  by  the  United  States 
consul  at  Liverpool  for  detention  of  an  iron-clad  vessel  building  in 
Messrs.  Laird's  yard  at  Birkenhead,  accompanied  by  four  depositions, 
July  11,  1863 315  367 

Report  from  the  customs-surveyor  at  Liverpool,  describing  the  two 
vessels  in  Messrs.  Laird's  yard.  The  collector's  report  that  he  be- 
lieves them  to  be  building  for  Frenchmen,  and  that  the  French  con- 
sul states  they  are  French  property 322  374 

The  home  office  and  treasury  requested  to  take  such  steps  as  may  be 
warranted  on  Mr.  Adams's  letter,  July  13 323  376 

Further  report  from  the  customs.  The  collector  believes  the  vessels  to 
be  built  for  a  banker  in  Paris,  and  intended  for  a  foreign  govern- 
ment, not  American 324  377 

Opinion  of  the  law-officers  that  the  vessels  ought  not  to  be  interfered 
with 327  380 

Explanations  by  the  United  States  consul  at  Liverpool  and  French 
representative  in  London  as  to  the  supposed  French  ownership  of 
the  vessels 328,329  381,382 

Further  investigation  to  be  made  by  the  customs 329  382 

Reply  of  the  collector  at  Liverpool 330  384 

Further  affidavit  received?  from  Mr.  Adams  and  the  United  States  con- 
sul at  Liverpool 331,333  385,386 

Report  of  the  customs  authorities  thereon 335  388 

Letter  from  the  law-officers  adhering  to  their  former  opinion 336  390 

The  treasury  are  requested  to  make  every  effort  to  obtain  evidence, 

and  to  send  their  solicitor  to  Birkenhead  for  the  purpose 338  392 

Inquiries  made  of  the  French  government,  who  deny  that  the  vessels 
are  for  them 338  392 

Inquiries  made  in  Paris  after  M.  Bravay,  who  cannot  be  traced *.  338, 339  393 

Telegraphic  report  from  the  British  consul-general  in  Egypt,  stating 
that  the  Viceroy  has  refused  the  ships 341  396 

Report  from  the  customs  collector.  Messrs.  Laird  would  be  willing 
to  give  the  names  of  the  owners  if  applied  to  officially 342  397 , 

Lord  Russell  informs  the  treasury  and  home»  office  that  the  vessels 
should  be  detained  if  sufficient  evidence  can  be  obtained*to  lead  to 
the  belief  that  they  are  intended  for  the  confederates 343  398 

Mr.  Adams  informed  of  the  result  of  the  inquiries.  The  government 
advised  that  they  cannot  interfere.  The  vessels  will  be  watched, 
and  detained  if  evidence  can  be  obtained.    September  1 344  398 

Further  affidavits  received  from  the  United  States  consul 345  400 

Orders  given  to  detain  the  vessels  as  soon  as  thev  are  about  to  put  to 

sea,  September3 349  403 

Further  information  and  representations  from  Mr.  Adams 349  404 

The  solicitor  to  the  treasury  requested  to  make  inquiry  as   to  the 

crews  engaged  for  the  vessels 351  407 


BRITISH    CASE    AND    PAPERS.  ^  11 

Geneva      Second 
edition,     edition. 

Page.        Page. 
Inquiry  addressed  to  Messrs.  Laird  as  to  the  ownership  of  the  vessels.  352  407 

Letter  to  the  treasury,  September  5.    The  vessels  to  he  prevented 

from  leaving  Liverpool  on  any  pretext . 352  408 

Mr.  Adams's  remonstrances  against   the  decision  announced  in  Lord 

Russell's  note  of  September  1 352  408 

Dispatch  from  British  consul-general  in  Egypt.  Rejection  of  the  iron- 
clads by  the  Viceroy 353  409 

[xi]    *Reply  of  Messrs.  Laird  as  to  the  ownership  of  the  vessels.  They 

are  for  Messrs.  Bravay 355  411 

Mr.  Adams  informed  that  the  vessels  will  be  prevented  from  leaving 

Liverpool,  September  8 355  411 

Messrs.  Laird  give  notice  that  one  vessel  is  to  go  on  a  trial-trip  with- 
out leaving  the  port 356  413 

Their  engagement  to  give  a  week's  notice  before  the  vessels  leave  the 

port 357  414 

Letters  from  Messrs.  Laird  in  answer  to  intimation  that  the  vessels 
will  not  be  allowed  to  leave  until  satisfactory  evidence  can  be  given 

of  their  destination 358  415 

Lord  Russell's  replies  to  Mr.  Adams's  remonstrances.  The  desire  of 
England  to  maintain  a  strict  neutrality.  The  difficulty  of  obtain- 
ing evidence  against  the  iron-clads 358  415 

Permission  granted  for  one  of  the  vessels  to  go  on  a  trial-trip  on 

Messrs/  Laird's  engagement  that  she  shall  return 361  41"9 

Reply  of  Mr.  Adams  to  Lord  Russell's  observations 362  420 

Officers  and  men  of  the  navy  to  be  placed  on  board  the  iron-clad  dur- 
ing her  trial-trip,  to  insure  ber  return 366  425 

Statement  by  the  Egyptian  government  to  the  United  States  consul- 
general,  disavowing  any  connection  with  the  vessels 368  427 

Negotiations  for  purchasing  the  vessels  and  handing  them  to  the  Turk- 
ish government 368  428 

The  trial-trip  of  one  of  the  vessels  postponed 370  429 

Interview  of  the  British  naval  attache"  at  Paris  with  M.  Bravay  ;  his 
account  of  the  transactions  as  to  the  vessels.    Deed  of  release  from 

Captain  Bullock,  transferring  them  to  him 372  432 

Presence  of  men  of  the  crew  of  the  Florida  at  Liverpool 371, 376  431, 436 

Precautions  taken  to  prevent  the  iron-clads  being  taken  off 375  435 

M.  Bravay's  statements  as  to  his  engagements  toward  the  Egyptian 

government 380,381  441,442 

Inquiries  made  of  the  Russian  and  Danish  governments,  whether  they 

are  in  treaty  for  purchase  of  the  vessels 379  440 

Their  replies 381  442 

Further  measures  taken  to  prevent  the  departure  of  the  vessels 383  444 

A  customs  officer  is  to  be  placed  on  board,  and  they  are  to  be  seized 

at  once  if  any  attempt  is  made  to  get  up  steam  or  remove  them  ...  384, 386  446,  448 
Telegraphic  report  from  naval  officer  at  Liverpool  of  preparations  to 

carry  off  one  of  the  vessels 388  450 

Orders  given  to  seize  her,  October  8 388  450 

Orders  given  for  the  seizure  of  the  second  iron-clad 389  451 

The  vessels  seized  accordingly 391,  397  453, 460 

Offer  made  by  the  Turkish  government  to  M.  Bravay  for  the  purchase 

of  the  vessels 392  454 

Measures  taken  for  guarding  the  vessels 399  461 

Satisfaction  expressed  by  the  United  States  Government  at  the  course 

pursued 400  463 

Inquiries  made  as  to  the  seamen  from  the  Florida  at  Liverpool 394,  4Q2  456, 464 

The  Viceroy  of  Egypt  denies  having  anything  to  do  with  the  vessels.  402  465 

The  Danish  government  understand  that  they  are  not  for  sale 403  466 

Messrs.  Laird  propose  a  trial-trip  for  one  of  the  vessels,  and  deny  th'at 

there  is  any  chance  of  their  forcible  abduction 403  467 

Opinion  of  the  law-officers  as  to  the  course  to  be  pursued 405  468 

Report  from  Liverpool  that  the  completion  of  the  vessels  is  being 

hurried  on 406  470 

Renewed  application  from  Messrs.  Laird  for  permission  for  a  trial-trip  407  471 

Permission  for  trial  trip  refused * 411  474 

Opinion  of  the  law-officers  as  to  the  evidence  to  be  procured 412  475 

Instructions  to  the  British  consul-general  in  Egypt  to  procure  evi- 
dence   414  478 


12  TREATY    OF    WASHINGTON. 

Geneva  Second 

edition,  edition. 

Page.       Page. 
The  viceroy's  statements  as  to  the  date  of  his  refusal  to  accept  the  ves- 
sels           414  479 

Another  gun-boat  sent  to  assist  in  maintaining  the  seizure 415  479 

Renewed  application  from  Messrs.  Laird  for  permission  for  trial-trip.          416  481 
Proposal  that  the  vessels  should  he  taken  from  Messrs.  Laird's  yard  to 
a  different  part  of  the  river  for  safe  custody,  and  the  workmen  re- 
moved            417  482 

Opinion  of  the  law-officers 418  483 

Orders  given  accordingly 420  485 

Reply  given  by  M.  Bravay  to  the  overtures  of  the  Turkish  govern- 
ment for  purchase  of  the  vessels 423  489 

Instructions  given  that  the  vessels  should  be  placed  in  charge  of  the 

captain  of  Her  Majesty's  ship  Majestic 424  490 

|  xu]  *Measures  taken  by  Captain  Inglefield 425  491 

Messrs.  Laird's  protest 426,427  492,493 

Answer  thereto 429  495 

They  renew  their  protest 431  498 

One  of  the  vessels  removed  by  Captain  Inglefield.   Messrs.  Laird's  let- 
ter to  him  433  500 

Notices  to  Messrs.  Laird  and  Bravay  of  the  seizure.    Reply  to  Messrs. 

Laird's  letter 436  503 

Further  correspondence  between  Messrs.  Laird  and  Captain  Inglefield          438  505 

Messrs.  Bravay's  answer  to  notice  of  seizure 441.         508 

Value  of  the  iron-clads  assessed  at  £  186,000 441  509 

The  second  iron-clad  removed  from  Messrs.  Laird's  yard 442  509 

Report  of  statement  made  to  Danish  government  that  the  vessels  were 

notforsale 442  509 

Statement  by  the  Viceroy  of  Egypt  as  to  his  refusal  to  have  anything 
to  do  with  the  vessels,  and  M.  Bravay's  letter  to  him  renouncing 

any  claim  on  the  subject 443  510 

Messrs.  Laird's  application  as  to  the  insurance  of  the  vessels 444  512 

The  law-officers  advise  that  the  government  should  keep  up  the  in- 
surance   i 446  514 

Correspondence  with  Messrs.  Laird  on  the  subject 446  515 

Messrs.  Laird  request  permission  to  remove  and  complete  the  vessels, 

January  12,  1864 449,450  517,519 

Permission  refused 450,  451  518, 519 

Messrs.  Laird  press  for  trial  of  the  case 451  520 

Admiralty  refuse  to  pay  £300,000  asked  for  the  vessels  by  M.  Bravay.          452  521 
Further  correspondence.    The  vessels  eventually  bought  for  £  195.000, 

and  an  additional  sum  of  £25,000  for  their  completion 453,  459  522,  528 


CANTON,  (or  PAMPERO.) 

October  17,  1863,  to  September  20,  1865. 

Mr.  Adams's  first  representation.    Report  from  United  States  consul 

at  Glasgow  as  to  the  Canton,  building  in  Messrs.  Thomson's  yard..  467  537 
Treasury  and  home  office  requested  to  make  immediate  inquiry  and 

take  steps  to  prevent  infringement  of  the  law 468  538 

Reports  from  the  customs.    The  vessel  contracted  for  by  Mr.  Pem- 
broke through  Messrs.  Henderson 469, 475  539, 546 

Report  from  Captain  Farquhar.  of  Her  Majesty's  ship  Hogue 470  540 

Inquiries  made  by  the  sheriff  of  Lanarkshire.    The  builders  offer  to 

show  the  contract  and  specification 471,  474  541, 545 

Opinion  of  the  law-officers  as  to  inquiries  to  be  made 473  543 

The  vessel  about  to  be  launched,  October  29 477  548 

Action  to  be  delayed ;  the  vessel  to  be  strictly  watched,  and  informa- 
tion obtained 478  549 

Opinion  of  the  law-officers  of  Scotland 481  553 

Further  investigations  by  the  sheriff'  of  Lanarkshire  ;  the  specifica- 
tion of  the  vessel  obtained 482  554 

Report  of  the  chief  constructor  of  the  navy  on  the  specification 484  555 

Reports  of  examination  of  the  vessel  by  the  customs  surveyor 485  556 


BRITISH    CASE    AND    PAPERS.  13 

Geneva      Second 
edition,     edition. 

Page.        Page. 
Further  opinion  of  the  law-officers  ;  the  ve3sel  should  not  be  allowed 

to  leave  without  further  inquiry 488  559 

Home  office,  treasury,  and  admiralty  informed  accordingly,  Novem- 
ber 13, 14 489,491  561,563 

Depositions  forwarded  by  Mr.  Adams 492  565 

Information  received  that  the  vessel  is  being  rapidly  equipped  for  sea. 

Precautions  taken 498, 501  571, 574 

Application  of  the  United  States  consul  to  the  customs  collector  to  sum- 
mon persons  to  give  evidence.    The  collector  replies  that  he  has 

no  power  to  do  so I ; '. .  '•  '.-■:  575 

Report  from  lord  advocate  as  to  information  obtained,  and  further 
steps  to  be  taken.  The  vessel  cannot  be  detained  indefinitely  with- 
out seizure  or  interdict , 503  576 

The  lord  advocate  instructed  to  make  inquiries  of  Mr.  Pembroke,  and 

proceed  against  the  vessel  if  he  can  make  out  a  prima  facie  case.  507  580 

[xiii]  *Assuranees  given  by  Messrs.  Henderson  &  Co.,  that  the  vessel 

shall  not  depart  without  notice 507  581 

A  gun-boat  sent  up  to  watch  her . ' 508  581 

Further  reports  from  the  lord  advocate.     Seizure  delayed  until  the 

decision  in  the  case  of  the  Alexandra,  December  3 509  582 

Documents  showing  the  contract  for  the  building  of  the  Pampero  for 
Mr.  Sinclair,  on  behalf  of  the  confederate  government,  and  his  with- 
drawal from  the  transaction 511  584 

Precautions  to  be  taken  against  the  departure  of  the  vessel  pending 

the  decision  in  the  case  of  the  Alexandra 515  588 

Depositions  forwarded  by  Mr.  Adams , 516  589 

Judgment  in  the  case  of  the  Alexandra  deferred 519  593 

The  Pampero  seized  December  10 520  593 

Protest  of  Messrs.  Henderson  &  Co 522  596 

Steps  taken  to  preserve  the  vessel  from  injury 523   .       597 

Mr.  Adams's  apprehensions  that  the  vessel  may  be  carried  off  by  per- 
sons who  have  arrived  at  Liverpool  to  serve  on  board  her 524  598 

Inquiries  made  and  precautions  taken 525,  527, 528     (  600, 

2  602, 
I    603 
Proposals  for  sale  of  the  vessel.     Objections  of  the  lord  advocate  on 
the  ground  that  she  might  again  fall  into  the  hands  of  confederate 

agents 526  600 

The  vessel  removed  down  the  river 530  604 

She  is  surveyed,  but  found  unfit  for  Her  Majesty's  service,  January  23, 

1864 531  605 

Proposal  of  the  owners  for  a  compromise,  March  17, 1864 531  605 

Proposal  declined.     A  counter-proposal  made 532  606 

The  vessel  liberated  after  the  conclusion  of  the  war,  September,  1865. '         533  608 


HAWK. 

April  1,  1834,  to  January  19,  1805. 

Reports  from  customs  authorities  at  Glasgow  of  a  suspicious  vessel 
built  at  Renfrew.  Permission  to  leave  the  harbor  refused  until  fur- 
ther orders,  April  1, 1864 539,541  615,617 

Complaint  by  the  owner  of  the  detention  of  his  vessel 542  619 

The  matter  referred  to  the  lord  advocate 543  619 

Note  from  Mr.  Adams,  April  16,  forwarding  letter  from  United  States 

consul  at  Liverpool r 543  620 

Mr.  Adams's  note  forwarded  to  the  treasury,  home  office,  and  lord 

advocate _*. 544  621 

The  vessel  has  left  the  Clyde.    The  owner  liable  to  a  penalty 546  623 

Arrival  of  the  Hawk  at  Greenhithe.  Statement  that  she  is  going  to 
Copenhagen  with  coal  and  iron.  Application  of  the  owner  for  reg- 
istry   549  626 

Explanations  given  by  the  master  of  the  departure  of  the  vessel  from 
the  Clyde,  he  having  procured  a  transire  from  Greenock 550  627 


14  TREATY    OF    WASHINGTON. 

Geneva      Second 
edition,     edition. 

/  Page.       Page. 

Report  of  the  law-officers.    There  is  no  evidence  to  justify  detention 

of  the  Hawk * 550  627 

Explanations  by  the  customs  collector  at  Glasgow 551  629 

Report  from  the  customs.  The  vessel  seems  better  adapted  for  run- 
ning than  fighting , 552  630 

Note  from  Mr.  Adams,  forwarding  a  report  from  the  United  States 
consul  in  London,  calling  attention  to  various  suspicious  circum- 
stances connected  with  the  Hawk 553  631 

Further  inquiries  ordered 556  633 

Police  report.    The  vessel  has  sailed  for  Bermuda,  June  13,  with  the 

supposed  intention  of  running  the  blockade 557  634 

Mr.  Adams  informed  of  the  result  of  the  inquiries 557  635 

Further  letters  from  United  States  consul  forwarded  by  Mr.  Adams, 
January  14,  1865.-  The  Hawk  has  returned  to  Liverpool,  thence  to 
London,  and  he  believes  her  to  be  intended  for  a  privateer.  Ship- 
ment of  seamen  from  the  Florida  and  Rappahannock  on  board  the 

City  of  Richmond 553  636 

Result  of  inquiries  on  the  subject.  Nothing  to  justify  the  suspicions 
as  to  the  Hawk 560,561  638,639 


[xiv]  *  AMPHION. 

December  1,  1833,  to  January  4, 1865. 

The  Amphion  sold  out  of  the  navy.    Denial  of  the  purchasers  that  she 

is  intended  for  the  confederate  government,  December  1,  1863 

Inquiries  made.    No  signs  of  intention  to  fit  her  out 

Letters  from  the  United  States  consul  in  London  forwarded  by  Mr. 

Adams,  calling  attention  to  the  vessel,  March  18,  1864 

Further  inquiries.    The  vessel  being  prepared  for  sea 

Opinion  of  the  law-officers  that  there  is  no  case  for  interference  as 

yet 

Further  police  reports.    The  vessel  said  to  be  going  to  Copenhagen.. 
Mr.  Adams  informed  that  Her  Majesty's  government  are  advised  there 

is  no  case  for  interference 569, 

Report  from  the  admiralty  of  the  unserviceable  state  of  the  vessel 

whensold , 570  651 

Registry  in  London,  October,  1864.    She  was  stranded  at  Sherringham, 

and  broken  up,  January,  1865 572  652 


565 
566 

645 
646 

567 

568 

647 
648 

568 
569 

649 
649 

570  650,651 

AJAX  AND  HERCULES. 

January  21  to  May  9,  1865. 

Reports  from  the  Irish  government  as  to  the  Ajax  in  Kingstown 
Harbor.  Assertion  of  some  of  the  crew  that  she  was  a  confederate 
gun-boat.  Result  of  investigation  by  the  customs  and  police,  Jan- 
uary 19,1865. 575  659 

Application  of  the  United  States  consul  to  be  allowed  to  examine  a 
prisoner  in  Kilmainham  jail  on  the  subject 578  662 

Opinion  of  the  law-officers.  The  vessel  should  be  watched  at  the 
Bahamas 579  663 

Instructions  given  accordingly 580  664 

Mr.  Adams  forwards  letters  from  the  United  States  consul  at  Liver- 
pool as  to  the  Ajax  and  the  Hercules,  now  at  Dumbarton,  February 
7,1865 », 580  664 

Lord  Russell's  reply.  The  matter  shall  be  attended  to.  Calls  atten- 
tion to  the  necessity  of  timely  notice 582  666 

Depositions  of  John  Melley  and  George  Smith,  forwarded  by  Mr. 

Adams 583  668 

Report  from  the  lord  advocate.    Smith's  statement  willfully  false 586  671 

Warning  sent  by  the  British  charge"  d'affaires  at  Washington  to  the 

governor  of  the  Bahamas  as  to  the  Ajax 589  674 


BRITISH    CASE    AND    PAPERS.  15 


Geneva      Second 
edition,     edition. 


Page. 

Report  from  Bermuda.    The  Ajax  has  not  appeared  there 590  674 

Investigations  made  at  Nassau.    Nothing  suspicious  discovered.     Her 

departure  for  Bermuda.    Warning  sent  to  the  governor 590  675 

Impossibility  of  prosecuting  Smith  for  perjury,  as  the  United  States 

consul  cannot  produce  the  original  affidavit 592  677 


VIRGINIA  AND  LOUISA  ANN  FANNY. 
January  30  to  June  5,  1865. 

Letters  from  United  States  consul  at  London,  forwarded  by  Mr.  Adams. 
Movements  of  the  City  of  Richmond,  with  men  on  board,  supposed 
to  be  for  the  confederate  service.  The  Virginia  and  Louisa  Ann 
Fanny  are  fitting  out  in  London  for  confederate  cruisers 595  633 

Reports  from  the  customs  on  the  Louisa  Ann  Fanny.  The  Virginia 
cannot  be  found 

The  Virginia  is  believed  to  have  gone  to  Nassau 

The  vessels  to  be  watched  at  Nassau  and  Bermuda 

Report  from  the  governor  at  Bermuda 

Report  from  Nassau.    Nothing  suspicious  discovered v. 


597 

685 

598 

687 

599 

687 

600 

688 

601 

690 

[xv]  *CITY  OF  RICHMOND. 

January  to  June,  1865. 

Reports  from*  the  United  States  consul  in  London  as  to  the  shipment 
of  men  for  the  confederate  service  on  board  the  City  of  Richmond..  558, 605  636, 697 

Report  from  the  police  on  the  subject 607  699 

Mr.  Adams  informed  that  there  is  not  evidence  which  would  justify 

any  legal  steps 607  701 

Further  statement  by  the  United  States  consul  in  London 608  701 

Reports  from  the  governors  at  Nassau  and  Bermuda.    Men  transferred 

from  her  to  the  Stonewall  Jackson  off  the  coast  of  France 608,  609  701, 702 

Opinion  of  the  law-officers.    There  is  no  evidence  for  a  successful  pros- 
ecution of  any  of  the  parties . .. 609  702 


RAPPAHANNOCK. 
September  14,  1863,  to  March  8,  1865. 

The  hull  of  the  Victor  sold  from  Her  Majesty's  navy  as  rotten  and 
unserviceable  to  Messrs.  R.  Gordon,  Coleman  &  Co.,  September  14, 
1863.  The  application  of  that  firm  for  her  masts  and  sails  refused, 
October  24 615  709 

Arrival  of  the  Rappahannock  at  Calais  in  an  incomplete  state,  and 

inadequately  manned,  November  26 616  710 

The  Rappahannock  indefinitely  detained  by  the  French  government, 

March  26,  1864 644  739 

Mr.  Adams's  first  representation,  November  28,  1863,  forwarding^  a 
report  from  the  United  States  consul  in  London,  as  to  the  identity 
of  the  Victor  with  the  Rappahannock,  and  the  alleged  employment 
of  men  belonging  to  the  government  dock-yards  to  rig  her 617  711 

Investigations  made  by  the  government.    Dock-yard  men  discharged,  613,  624  713, 720 

Affidavits  forwarded  by  Mr.  Adams,  December  5,  implicating  Mr. 
Rumble,  of  the  government  dock-yard 625  720 

Explanations  of  Mr.  Rumble  and  Mr.  Rees 627  723 

Further  deposition  forwarded  by  Mr.  Adafcis 629  724 


16  TREATY    OF    WASHINGTON. 

Geneva      Second 
edition,     edition. 

Page.         Page. 

Mr.  Rumble's  further  explanations 631  726 

Lord  Russell's  reply  to  Mr.  Adams,  stating  that  the  government  will 

take  steps  to  enforce  the  law 632  728 

Representation  by  Mr.  Adams  as  to  the  vessel  still  being  registered  in 
thenameof  Mr.  Coleman 632  728 

Depositions  forwarded  by  Mr.  Adams  as  to  the  agency  of  Mr.  Rumble 

and  other  persons  in  obtaining  seamen  for  the  Rappahannock 635, 641  730, 737 

Depositions  as  to  similar  proceedings  of  Messrs.  Jones  &  Co.,  of  Liver- 
pool  ..; 645  740 

Depositions  implicating  Seymour,  Cunningham  &  Buchanan 647  742 

Further  evidence  forwarded  by  Mr.  Adams  as  to  Mr.  Rumble's  com- 
plicity   659  754 

Deposition  implicating  Campbell 663  758 

Measures  taken  to  procure  evidence  for  the  trial  of  Mr.  Rumble 671  765 

Report  from  the  British  naval  attache"  at  Paris  of  the  proceedings  and 
detention  of  the  Rappahannock  at  Calais 671  766 

Prosecutions  instituted  against  Mr.  Rumble,  Messrs.  Jones  &  Highatt, 

Campbell,  Cunningham,  Buchanan,  and  Seymour 672  766 

Court  of  inquiry  held  as  to  the  assertion  that  the  Rappahannock  had 
been  towed  out  of  Sheerness  by  a  government  tug,  which  is  found  to 
be  untrue 673  767 

Mr.  Rumble,  having  been  acquitted,  is  placed  on  half-pay 674  768 


[xvi]  *  ANGLO-CHINESE  FLEET. 

September  10,  1862,  to  February  26,  1867. 

Mr.  Lay's  authority  to  provide  a  fleet  for  the  Chinese  government. ..  681  777 

Theibrce  dissolved  on  account  of  differences  with  the  Chinese  govern-    . 
ment 682  778 

The  British  minister  in  China  refuses  to  allow  the  vessels  to  be  handed 
over  to  the  Chinese  government,  October  20,  1863 682  778 

Arrangement  that  the  vessels  should  be  taken  by  Captain  Osborn  to 

India  and  England  to  be  disposed  of 683  779 

Sir  F.  Bruce's  report  of  his  proceedings  and  reasons.  Apprehensions 
that  the  vessels  might  fall  into  the  hands  of  the  confederate  govern- 
ment   685  781 

Note  from  the  United  States  minister  at  Peking  to  the  same  effect ....  <)89  786 

The  admiralty  and  colonial  and  India  offices  requested  to  take  precau- 
tions against  the  vessels  falling  into  improper  hands.  Captain 
Osborn  also  to  be  warned,  January  11,  1864 684  780 

Four  of  the  vessels  taken  charge  of  by  the  government  of  India, 
January  16,  1864 692  790 

Measures  taken  to  prevent  the  sale  of  the  Thule  at  Bombay,  February, 

1864 695  793 

The  sale  of  the  Thule  to  be  permitted.    The  other  vessels  at  Bombay 

to  be  retained  until  further  orders,  April  15,  1864 700  798 

Arrival  of  three  other  vessels  in  England,  April  14 700  798 

Proposal  of  Captain  Osborn,  as  the  government  refuse  to  purchase  the 
vessels  at  Bombay,  to  hand  them  over  to  a  mercantile  firm  there, 
April25,  1864 701  799 

After  survey  of  the  vessels  in  England  the  admiralty  decline  to  buy 
them.    They  are  to  be  retained  at  government  expense,  May  12 700, 701  798, 799 

Precautions  taken  against  the  equipment  of  the  Thule,  if  sold,  as  a 

vessel  of  war  for  a  belligerent  government 703  801 

The  government  decide  on  detaining  unsold  the  rest  of  the  vessels,  and 
undertake  that  the  Chinese  government  shall  suffer  no  loss,  May  31, 
1864 t 703,704  801,802 

Reply  of  the  Chinese  government 707  806 

Guarantee  required  of  a  firm  who  offer  to  purchase  some  of  the  vessels 
in  England,  December,  1864 710  809 

The  value  of  the  ships  on  leaving  China  fixed  at  £  152,500 .     712  812 

The  admiralty  to  dispose  of  the  vessels  with  proper  precautions,  and 

any  loss  to  be  made  good  to  the  Chinese  government 713, 715  812, 815 


BRITISH    CASE    AND    PAPERS.  17 

Geneva     Second 
edition,     edition. 

Page.        Page. 

"The  civil  war  being  over,  restrictions  on  the  sale  of  the  vessels  are 

removed,  June  5,  1865 716  816 

Application  of  the  Chinese  government  to  the  United  States  minister 

at  Peking  for  a  settlement 718  818 

Sir  F.  Bruce's  statement  that  the  vessels,  if  sold  at  the  time,  would 
have  fallen  into  the  hands  of  confederate  agents 718  819 

Mr.  Adams  instructed  by  his  government  to  express  satisfaction  at  the 

course  pursued 719  820 

The  vessels  sold  for  £49,474;  the  balance  of  the  value  of  the  vessels 
provided  by  a  parliamentary  vote,  and  paid  to  the  Chinese  govern- 
ment    721  822 


SUMTER. 


Correspondence  between  the  American  and  Dutch  Governments,  August  15  to  Novembe)'  23, 

1861. 

Protest  of  the  United  States  government  against  the  reception  of  the 

Sumter  at  Curacoa,  July  17,  1861 725         829 

Reports  by  United  States  minister  at  the  Hague  of  his  representations 

to  the  Netherlands  government 726-730  830-837 

Reply  of  the  Netherlands  government,  stating  the  grounds  on  which 
the  Sumter  has  been  received  as  a  ship  of  war  of  a  belligerent 730         837 

Further  representations  by  the  United  States  Government  as  to  the 

visit  of  the  Sumter  at  Paramaribo,  August  19-31, 1861 734         844 

£xvn]  *Reply  of  the  Netherlands  government.  Orders  given  to  limit 
the  stay  of  vessels  of  war  of  either  belligerent  in  Dutch 
ports  to  forty-eight  hours,  and  supply  of  coal  to  twenty-four  hours' 
consumption 737  848 

Demand  of  the  United  States  for  an  explanation  or  disavowal  of  the 
conduct  of  the  authorities  at  Curacoa 738         849 

Satisfaction  expressed  by  the  United  States  minister,  though  regret- 
ting that  the  confederate  cruisers  should  be  placed  on  an  equality 
with  those  of  the  United  States 739         852 

Reply  of  the  Netherlands  government.    They  must,  as  neutrals,  apply 

the  same  rules  to  both  parties 740  854 

Mr.  Seward  expresses  the  satisfaction  of  the  United  States  Govern- 
ment at  the  course  adopted,  without  agreeing  to  the  qualification  of 
the  sovereign  rights  of  the  United  States 741  855 

H.  Ex.  282,  vol.  ii 2 


SUMTER,   (OR  GIBRALTAR.) 


TABLE  OF  CONTENTS. 


RECEPTION  IN  BRITISH  POETS. 


From  whom  and  to  whom. 


Colonial  office  to  foreign  office. 

Law-officers  to  Earl  Russell. . . 

Foreign  office  to  colonial  office. 
Mr.  Adams  to  Earl  Russell 
Admiralty  to  foreign  office — 

• 

Earl  Russell  to  Mr.  Adams — 
"War  office  to  foreign  office.... 
Admiralty  to  foreign  office  .-. . 

"War  office  to  foreign  office — 
Admiralty  to  foreign  office — 


.do 


"War  office  to  foreign  office — 

Foreign  office  to  war  office 

"War  office  to  foreign  office 


Foreign  office  to  law-officers. 
Admiralty  to  foreign  office.. 

Law-officers  to  foreign  office. 
Foreign  office  to  admiralty. . 
Foreign  office  to  war  office. . 


Earl  Rnssell  to  Lord  Lyons. 
Admiralty  to  foreign  office. . 


.do 


Date. 


Aug.  29, 1861 

Sept.  16, 1861 

Sept.  24, 1861 
Sept.  30, 1861 
Sept.  30, 1861 

Oct.  4, 1861 
Jan.  25,1862 
Jan.  25,1862 

Jan.  28,1862 
Feb.    1,1862 

Feb.    1,1862 

Feb.    4,1862 

Feb.  8,1862 
Feb.  11,1862 

Feb.  11,1862 
Feb.  12, 1862 

Feb.  12,1862 

Feb.  13, 1862 

Feb.  14,1^62 

Feb.  14,1862 
Feb.  18,1862 

Feb.  19,1862 


Subject. 


Arrival  of  Sumter  at  Trinidad.  Her 
character  as  a  ship  of  war  ver- 
ified by  commander  of  Her  Majes- 
ty's ship  Cadmus. 

Conduct  of  authorities  should  be  ap- 
proved. Sumter  cannot  be  required 
to  leave  Trinidad  under  present  reg- 
ulations. 

Copy  of  above  instructions  should  be 
sent  accordingly. 

Complaining  ol  reception  of  Sumter 
at  Trinidad. 

Report  from  captain  of  Her  Majesty's 
ship  Cadmus  as  to  arrival  of  Sumter 
at  Trinidad.  Steps  taken  to  verify 
her  commission. 

Explaining  circumstances  of  visit  of 
Sumter  to  Trinidad. 

Captures  made  by  Sumter  nine 
miles  off  Gibraltar. 

Request  from  Captain  "Warden,  senior 
naval  officer  at  Gibraltar,  for  in- 
structions as  to  preventing  the  port 
being  made  a  base  for  hostile  opera- 
tions. 

Similar  request  from  General  Sir  TV. 
Codrington,  governor  of  Gibraltar. 

Report  from  Captain  "Warden.  Ar- 
rival of  Sumter  at  Gibraltar,  Janu- 
ary 18.  Correspondence  with  Cap- 
tain Semmes. 

Correspondence  between  Captain 
"Warden  and  Consul  Sprague.  Pro- 
tection of  American  merchant  ves- 
sels. Application  of  the  twenty- 
four  hours'  rule. 

Report  from  Sir  "W.  Codrington.  In- 
terview with  Captain  Semmes.  Cor- 
respondence with  Consul  Sprague. 

Approval  of  Sir  "W.  Codrington's  pro- 
ceedings. 

Question  as  to  how  far  the  Sumter  is 
amenable  to  the  rules  given  on  the 
31st  January,  as  to  remaining  in 
port,  she  having  entered  before 
they  were  notified. 

Requesting  opinion  on  the  question 
put  by  the  war  office. 

Sumter  cannot  obtain  coals.  Captain 
"Warden  has  refused  to  supply  her 
from  the  dock-yard.  Are  coals  to  be 
supplied  in  order  to  enable  her  to 
leave  the  port  ? 

Opinion  as  to  the  extent  to  which  the 
rules  of  the  31st  of  January  are  ap- 
plicable. 

Unadvisable  to  supply  #the  Sumter 
with  coal  from  the  government 
stores. 

Substance  of  law-officers'  opinion  as 
to  applicability  of  rules  of  the  31st 
January. 

Forwarding  copies  of  correspondence. 

Tuscarora  reported  to  be  at  Gibraltar 
on  the  13th. 

Application  of  Captain  Semmes  for 
coal  from  government  stores  refused 
by  Captain  "Warden,  as  instructed. 


11 


Page. 
1 


22 


TREATY    OF   WASHINGTON 
Reception  in  British  ports — Continued. 


From  whom  and  to  whom. 


Date. 


Subject. 


EJ 

il 


"War  office  to  foreign  office. 


fxxii]  *Foreign  office  to  admir- 
alty. 
War  office  to  foreign  office 


Foreign  office  to  war  office — 

Mr.  Drnmmond-Hay  to  Earl 
KusselL 


War  office  to  foreign  office — 

Foreign  office  tolaw-officers. . . 
Admiralty  to  foreign  office — 

War  office  to  foreign  office — 
Law-officers  to  foreign  office. 

Foreign  office  to  admiralty... 
Foreign  office  to  war  office. . . 

Sir  W.  Codrington   to   Earl 
Russell. 

Mr.  Mason  to  Earl  Russell . . . 
Admiralty  to  foreign  office... 
Earl  Eussell  to  Lord  Lyons. . . 


Foreign  office  to  war  office. 
War  office  to  foreign  office. 

Admiralty  to  foreign  office. 
do  ...._. 

War  office  to  foreign  office. 


.do 


Mr.  Adams  to  Earl  Russell. 
War  office  to  foreign  office. 


Feb.  21. 1862 


Feb.  21, 1862 
Feb.  21, 1862 

Feb.  24,1862 
Feb.  20, 1862 

Mar.    3,1862 

Mar.  3,1862 
Mar.   7,1862 

Mar.  8,1862 
Mar.    7,1862 

Mar.  10, 1862 
Mar.  10, 1862 

Mar.  14, 1862 
Mar.  15, 1862 
Mar.  18, 1862 
Mar.  20, 1862 


Mar.  21, 1862 
Mar.  25, 1862 

Apr.  28, 1862 
Dec.  24, 1862 
Dec.  24, 1862 

Dec.  26, 1862 

Dec.  30, 1862 
Dec.  31, 1862 


Further  correspondence  forwarded  by 
Sir  W.  Codrin  gton.  Measures  adopt- 
ed to  preserve  neutrality  in  regard 
to  Sumter  and  Tuscarora.  Com- 
plaint of  Captain  Semmes  of  his 
men  being  decoyed  away  by  Consul 
Sprague.  Consul  Sprague  s  expla- 
nation. 

Approval  of  Captain  Warden's  refusal 
to  supply  coals. 

Dispatch  from  Sir  W.  Codrington. 
His  views  as  to  Tuscarora  being  in 
the  same  position  as  Sumter  as  re- 
gards rules  of  the  31st  January. 

Concurrence  in  Sir  W.  Codrington's 
views. 

Arrest  by  the  United  States  consul  at 
Tangiers  of  Mr.Myers  of  the  Sumter, 
and  Mr.  Tun  stall.  Has  declined  to 
interfere. 

Prisoners  at  Tangiers  taken  on  board 
the  Tuscarora.  What  instructions 
should  be  given  in  case  they  are 
brought  to  Gibraltar  ? 

Requesting  opinion  on  question  put 
by  war  office. 

Correspondence  between  Sir  W  Cod- 
rington and  Captain  Warden  and 
commanders  of  Sumter  and  Tusca- 
rora. Orders  given  to  enforce  the 
neutrality  of  the  port. 

Requesting  opinion  whether  Sir  W. 
Codrington's  proceedings  should  be 
approved. 

The  governor  of  Gibraltar  has  no  ju- 
risdiction over  or  power  to  liberate 
prisoners  brought  in  on  board  a  for- 
eign ship  of  war,  so  long  as  they  re- 
main on  board. 

Answer  to  letter  of  7th  instant.  In- 
structions will,  Lord  Russell  con- 
cludes, be  sent  to  the  governor. 

Answer  to  letter  of  8th  instant.  Con- 
duct of  the  governor  to  be  viewed 
with  reference  to  the  rules  of  the 
31st  January. 

Tangiers  prisoners  not  given  up,  but 
sent  to  the  United  States  in  a  mer- 
chant vessel. 

Forwarding  copies  of  correspondence 
respecting  the  arrest  of  Mr.  Myers 
and  Mr.  Tunstall  at  Tangiers. 

Copies  of  correspondence  respecting 
arrests  at  Tangiers.  Dispatch  ad- 
dressed to  Sir  W.  Codrington. 

Forwarding  copies  of  correspondence 
for  his  information,  showing  the 
proceedings  of  the  commander  of 
the  Tuscarora.  Abstain,  under,  the 
circumstances,  from  remonstrating 
against  them. 

Answer  to  letter  of  18th  instant.  Con- 
cur in  dispatch. 

Report  from  Sir  W.  Codrington.  Cap- 
tain Semmes,  and  most  of  his  offi- 
cers and  crew,  have  left  Gibraltar. 

Sumter  left  at  Gibraltar  in  charge  of 
one  officer  and  a  few  men. 

Sale  of  Sumter  to  British  subjects. 
What  instructions  shojald  be  given  ? 

Saiy  of  Sumter.  Protest  of  United 
States  consul.  Request  for  instruc- 
tions. 

Governor  inquires  if  register  is  to  be 
given  to  purchaser  of  the  Sumter. 

Protest  against  the  sale  of  the  Sumter 

Movements  of  the  Gibraltar  and  Uni- 
ted States  ship  Chippewa. 


Page. 
19 


BRITISH   CASE   AND    PAPERS. 


23 


Reception  in  British  ports — Continued. 


■A 

From  whom  and  to  whom. 

Date. 

Subject. 

>  - 
s-S 

T3  P 

a  o 

Bs 

& 

47 

War  office  to  foreign  office — 

Dec.  31, 1862 

Correspondence  between  Sir  "W.  Cod- 
rington  and  Mr.  Klingender,  pur- 
chaser of  the  Sumter,  now  called 

Page. 
48 

Page. 

77 

the  Gibraltar. 

48 

Admiralty  to  foreign  office 

Dec.  31, 1862 

Eequest  of  Captain  Omm anney,  senior 
naval  officer  at  Gibraltar^  for  in- 
structions as  to  protection  to  be 
afforded  to  the  Gibraltar. 

50 

73 

49 

do 

Dec.  31, 1862 

Further  dispatch  from  Captain  Om- 
manney,    and   protest   of    Consul 

51 

79 

Sprague.    Sale  of  the  vessel  will 

not  be  respected  by  United  States 
men-of-war. 
Acknowledging  receipt  of  30th  ultimo. 

50 

Earl  Eussell  to  Mr.  Adams 

Jan.    1, 1863 

52 

80 

Case  before  law-officers. 

51 

Law-officers  to  foreign  office. . . 

Jan.     1, 1863 

Opinion.    Sale  ought  not  to  have  been 
prohibited,  and   registry  may   be 
granted  if  the  provisions  of  the 

52 

81 

merchant-shipping  act  are  complied 
with.    Question  as  to  the  sale  of 

belligerent  vessel  in  neutral  ports. 

52 

[xxiii]  "-Foreign  office  to  admi- 

Jan.   2, 1863 

Instructions  to  be  given  in  accordance 
with  law-officers  opinion.    The  ves- 

53 

82 

ralty  and  war  office. 

sel  must  not  be  protected  out  of 

British   waters.      The    purchaser 

should  be  so  informed. 

53 

Admiralty  to  foreign  office 

Jan.    2, 1863 

Instructions  sent  accordingly 

53 

83 

54 

Law-officers  to  foreign  office.. 

Jan.     5, 1863 

Eeceipt  of  further  papers.    Adhere  to 
opinion  given.    Vessel   cannot  be 
protected  beyond  the  three  miles' 
limit. 

Further  report  from  law-officers.   Ex- 

54 

83 

55 

Foreign   office   to   admiralty 

Jan.    6, 1863 

54 

84 

and  war  office. 

plicit  instructions  to  be  given  ac- 
cordingly. 
Answer  to  note  of  30th  ultimo.    Ves- 

56 

Jan.  15,1S63 

54 

84- 

sel  will  not  be  protected  beyond 
British  waters.    Tins  not  to  pre- 

vent appeal  of  owners  to  a  prize- 

court,  or   to  preclude  future  pro- 

ceedings in  case  of  her  being  ille- 

gally dealt  with. 

57 

"War  office  to  foreign  office 

Jan.  20,1863 

Eegister  granted  at  Gibraltar.    Fur- 
ther protest  from  Consul  Sprague. 
Calls  attention  to  the  arrival  of  the 

55 

84 

58 

Mr.  Adams  to  Earl  Eussell 

Feb.  16,1863 

56 

86 

vessel  at  Liverpool,  and  bearing  on 

the  case  of  the  Queen's  proclamation 

limiting  the  stay  of  vessels  in  Brit- 
ish ports. 

The  vessel  left  Gibraltar  on  the  8th 
of  February. 

Opinion  on  Mr.  Adams's  letter.  He  is 

59 

Admiralty  to  foreign  office 

Feb.  17,1863 

57 

87 

60 

Law  officers  to  foreign  office  . . 

Mar.   3,1863 

57 

•       87 

not  entitled  to  assume  that  the  ves- 

sel has  not  been  bona-fide  sold  for 

commercial  purposes. 

61 

Earl  Enssell  to  Mr.  Adams 

Mar.    9,1863 

Substance  of  law-officers'  opinion  

57 

88 

<>2 

Mr.  Adams  to  Earl  Eussell 

Mar.  14, 1863 

Eejoinder.    Cites  passages  from  auth- 
orities, showing  that  it  has  been  the 
practice  to  consider  such  sales  in- 
valid. 

Statement  in  the  Daily  News  that  the 

58 

88 

•63 

Foreign  office  to  treasury 

Mar.  18, 1863 

53 

89 

vessel   has   been   repaired  and   is 

ready  for  sea.  That  she  be  watched. 

64 

Treasury  to  foreign  office 

Mar.  30, 1863 

Eeport  from  customs.    The  vessel  not 
ready  for  sea  as  stated.    She  will  be 
closely  watched. 

Substance  of  customs  report 

59 

89 

65 

Earl  Eussell  to  Mr.  Adams 

Law-officers  to  foreign  office  . . 

Apr.    4,1863 
Apr.    6,1863 

59 
60 

90 

66 

Opinion  on  Mr.  Adams's  rejoinder. 

91 

The  passages  referred  to  apply  to 
proceedings  in  a  prize-court.  There 

is  no  evidence  to  show  that  the  ves- 

*; 

sel  still  retains  the  character  of  a 

67 

Mr.  Adams  to  Earl  Eussell. . . . 

Apr.    6,1863 

ship  of  war. 

Had  believed  the  statement  that  the 
vessel  was  ready  for  sea  to  be  true. 
Satisfaction  at  receiving  a  contra- 
diction of  it,  and  at  the  assurance 

.   that  the  vessel  would  be  watched. 

61 

93 

24 


TREATY    OF   WASHINGTON. 


Reception  in  British  ports — Continued. 


From  -whom  and  to  -whom. 


Date. 


Subject. 


Earl  Russell  to  Mr.  Adams 

Foreign  office  to  board  of  trade. 

Mr.  Adams  to  Earl  Eussell 

Earl  Eussell  to  Mr.  Adams. . . . 

Mr.  Adams  to  Earl  Russell 

Treasury  to  foreign  office. . . . . 


Earl  Eussell  to  Mr.  Adams. 
Mr.  Adams  to  Earl  Russell. 


Apr.  20,1863 
Apr.  22, 1863 


Apr.  22, 1863 
May    8,1B63 

May  23, 1863 
May  28, 1863 


May  30, 1863 
June    3,1863 


Foreign  office  to  treasury  and    June   4, 1863 
home  office. 


Earl  Eussell  to  Mr.  Adams. . . 
Treasury  to  foreign  office. . . . 


Home  office  to  foreign  office. .. 


Foreign  office  to  treasury .... 
[xxivj   *Treasury  to  foreign 


Law-officers  to  foreign  office 

Foreign  office  to  treasury. . . 
Treasury  to  foreign  office... 


Law-officers  to  foreign  office.. 


Home  office  to  foreign  office.. . 

Foreign  office  to  treasury 

Home  office  to  foreign  office. . . 


Foreign  office  to  home  office. . . 
Treasury  to  foreign  office 


Home  office  to  foreign  office. . 
Law-officers  to  foreign  office. . 


Foreign  office  to  treasury 

War  office  to  foreign  office — 


June    4,1863 
June    8,1863 

June   8,1863 


June   9,1863 
June  12, 1863 


June  13, 1863 

June  14, 1863 
June  16, 1863 

June  20, 1863 

June  22, 1863 

June  23, 1863 
June  23, 1863 


June  25, 1863 
June  29, 1863 


June  29, 1863 
July    2,1863 


July    2,1863 
Sept.  15, 1863 


Observations  on  his  rejoinder,  and  the 
rules  of  prize  law  applicable  to  the 
case. 

Suggestion  that  the  owners  of  the  ves- 
sel should  be  made  acquainted  with 
the  views  of  Her  Majesty's  govern- 
ment as  to  her  possible  capture  and 
proceedings  in  a  prize  court. 

Answer  to  note  of  20th  instant.  Main- 
tains his  former  views. 

Undesirable  to  prolong  the  controver- 
sy. Intend  to  abide  by  the  estab- 
lished principles  of  international 
law. 

Believes  Sumter  is  actively  preparing 
for  sea. 

Eeport  from  collector  of  customs  at 
Liverpool.  The  Sumter,  now  Gib- 
raltar, will  not  be  refitted  for  war- 
like purposes. 

Communicating  above  information  . . 

Incloses  depositions  declaring  that 
the  vessel  is  about  to  sail  to  Nassau 

.  for  use  as  a  cruiser,  and  has  taken 
two  guns  on  board.  Continues  to 
decline  to  recognize  the  sale. 

Forwarding  copies  of  Mr.  Adams's  let- 
ter and  inclosures.  That  inquiry 
be  made  and  necessary  steps  taken 
to  prevent  a  violation'of  the  law. 

Acknowledging  receipt  of  his  note  . . 

Report  from  customs.  No  guns  on 
board. 

Report  from  police  at  Liverpool  as  to 
the  guns  intended  to  be  shipped. 
Reports  as  to  Southerner. 

For  further  inquiry  as  to  the  guns  . . 

Statement  from  Messrs.  Klingender 
that  the  gnns  are  fort  guns  of  21  tons 
each.  The  vessel  has  entered  out- 
ward for  Callao. 

Messrs.  Klingender  should  be  called 
upon  for  further  explanations,  and 
clearance  in  the  mean  time  with- 
held. 

Forwarding  copy  of  law-officers'  re- 
port. That  proceedings  be  taken 
accordingly. 

Explanation  from  Messrs.  Klingen- 
der. Guns  shipped  by  Captain 
Blakeley  not  fit  for  sea  service.  Re- 
ports from  customs.  Should  the 
clearance  still  be  withheld  ? 

Explanation  of  Messrs.  Klingender 
insufficient.  Further  inquiry 
should  be  made. 

Eeport  of  Liverpool  police  as  to  guns 
being  shipped  on  board. 

That  instructionsbe  given  accordingly 

Eeport  from  Liverpool  police.  Vessel 
ready  for  sea.  Eumor  that  the  guns 
are  not  intended  to  be  shipped  in 
her. 

Police  to  continue  to  watch  the  vessel. 

Further  reports  from  customs,  and 
letters  from  Captain  Blakeley  and 
Messrs.  Klingender.  The  guns 
have  been  taken  on  board. 

Further  reports  from  the  police  at 
Liverpool.  Propose  to  discontinue 
the  investigations. 

As  the  guns  are  fort  guns  shipped  as 
merchandise,  the  clearance  may  be 
allowed. 

Instructions  to  be  given  accordingly 

Guns  of  Sumter  have  been  removed 
from  Gibraltar  by  Messrs.  Klingen- 
der. 


Page. 


BRITISH    CASE    AND    PAPERS. 

Reception  in  British  ports — Continued. 


25 


Jb 

a 

From  whom  and  to  whom. 

Date. 

Subject. 

is 

if 

oS  £ 

95 
96 

Foreign  office  to  treasury 

Treasury  to  foreign  office 

Feb.  24, 1864 
Feb.  29, 1864 

For  explanations  as  to  alleged  state- 
ment by  collector  of  customs  to  the 
owners  of  the  Gibraltar  that  the 
vessel  was  detained  because  the 
guns  were  meant  for  the  confeder- 
ate government,  and  that  their 
shipment  to  the  Federal  Govern- 
ment would  have  been  allowed. 

Explanations  of  collector  of  customs 
as  to  language  really  used  by  him. 

Page. 
81 

81 

Page. 
114 

115 

Ii]  "SUMTER,  (or  GIBRALTAR 


RECEPTION  IN  BRITISH  PORTS. 


No.  1. 
Sir  F.  Rogers  to  Mr.  Hammond. 

[Extract.] 

Downing  Street,  August  29, 1861.  (Received  August  30.) 
I  am  directed  by  the  Duke  of  Newcastle  to  transmit  to  you,  for  the 
information  of  Earl  Russell,  the  copy  of  a  dispatch  from  the  suMTEE.-corre- 
governor  of  Trinidad,  reporting  the  arrival  of  a  man-of-war  8p°ndence- 
belonging  to  the  Confederate  States  of  North  America,  and  the  course 
which  he  had  takeil  in  regard  to  the  reception  of  one  of  the  officers  of 
the  ship. 


[Inclosure  in  No.  1.] 

Governor  Keate  to  the  Duke  of  Newcastle. 

[Extract.] 

Trinidad,  August  7,  1861. 
I  have  the  honor  to  report  that  a  steamer,  purporting  to  be  a  man-of-war,  and  to 
belong  to  the  so-called  Confederate  States  of  North  America,  put  into  the  harbor  of 
Port  of  Spain  on  the  30th  ultimo.  The  vessel  is  called  the  Sumter,  and  appears  to  be 
a  converted  passenger  steamer.  She  now  carries,  as  I  am  given  to  understand,  five 
powerful  guns. 

2.  On  the  day  of  her  arrival,  one  of  her  officers  (all  of  whom  seem  to  have  been  in  the 
naval  service  of  the  United  States)  called  upon  me,  sending  in  his  card,  with  the  words 
written  under  his  name,  "  Lieutenant  Confederate  States  Navy."  Before  receiving  him, 
I  directed  toy  private  secretary  to  inquire  of  him  whether  my  doing  so,  after  reading 
these  words,  would  be  construed  into  any  sort  of  recognition  of  him  or  his  ship  in 
their  assumed  character.  I  did  this  in  consequence  of  the  injunction  in  your  grace's 
dispatch  "on  no  account  to  recognize"  any  ship  "in  any  other  capacity  than  that  of  a 
United  States  vessel."  Mr.  Evans,  for  such  was  this  officer's  name,  replied  that  he  was 
sent  by  his  commanding  officer,  Captain  Semmes,  who  was  himself  unwell,  simply  to 
pay  his  respects,  and  that  to  prevent  any  such  construction  he  would  withdraw  his 
-card  and  only  send  in  his  name  verbally.  I  then  received  him  and  had  some  conver- 
sation with  him,  taking  occasion  to  refer  expressly  to  the  neutral  position  occupied  by 
Great  Britain  in  regard  to  the  two  belligerent  parties  in  North  America. 

3.  I  understand  that  this  vessel  succeeded  in  breaking  the  blockade  on  the  29fch  June, 
and  has  since  been  cruising  in  search  of  prizes,  of  which  she  has  taken  several.  They 
have  been  condemned  and  sold  with  their  cargoes  in  ports  on  the  Spanish  Main,  Porto 
Cabello  being  specially  named.  The  names  of  two  vessels  thus  taken  are  given,  the 
bark  Joseph  Maxwell,  of  Philadelphia,  300  tons,  and  the  Abe  Bradford,  tonnage  not 
mentioned.  The  mate  and  crew  of  the  former  have  been  landed  here,  and  I  presume 
-will  be  takencare  of  by  the  acting  United  States  consul. 

The  avowed  and  principal  object,  no  doubt,  with  which  the  Sumter  ran  into  this 
tport  was  to  obtain  coals  and  provisions.  A  great  deal  of  trade  goes  on  between  Trini- 
dad and  the  northern  ports  of  North  America,  and  Captain  Semmes,  I  imagine,  has  not 
failed  to  take  this  opportunity  of  obtaining  information  with  regard  to  the  vessels  em- 
ployed under  the  flag  of  the  United  States  in  this  traffic.    Fears  are  entertained  with 


28  TREATY    OF   WASHINGTON. 

regard  to  one  or  two  now  expected.  It  is  to  be  hoped  that  the  presence  of  the  Sumter 
in  these  waters  will  soon  be  made  generally  known,  and  that,  while  the  civil  war  con- 
tinues, the  lumber  and  provision  trade,  any  interruption  of  which  would  cause 
[2]  serious  embarrassment  to  this  ^community,  will  be  carried  on  in  British  bottoms. 
I  have  communicated  writh  Admiral  Sir  Alexander  Milne,  now,  I  believe,  at 
Halifax,  on  the  subject,  and  since  the  arrival  of  the  Sumter,  Her  Majesty's  ship  Cad- 
mus has  come  into  the  harbor,  and  her  commander,  Captain  Hillyar,  has  verified  the 
character  of  the  Sumter,  and  the  commissions  of  her  officers,  and  recognized  her  as  a 
man-of-war. 


No.  2. 

The  laic-officers  of  the  Crown  to  Earl  Russell. 

Doctor's  Commons,  September  16, 1861. 

(Eeceived  September  17.) 

My  Lord  :  We  are  honored  with  your  lordship's  commands,  signified 
in  Mr.  Hammond's  letter  of  the  5th  September  instant,  stating  that  he 
was  directed  to  transmit  to  us  a  letter  from  the  colonial  office,  inclosing 
a  dispatch  from  the  governor  of  Trinidad,  reporting  the  arrival  of  the 
confederate  vessel  Sumter,  in  that  colony,  and  what  passed  during  her 
stay  there,  and  to  request  that  he  would  take  this  dispatch  into  consid- 
eration, and  furnish  your  lordship  with  our  opinion  with  regard  to  the 
propriety  of  the  course  pursued  on  that  occasion  by  Governor  Keate, 
and  by  the  commander  of  Her  Majesty's  ship  Cadmus. 

Mr.  Hammond  was  also  pleased  to  state  that  your  Lordship  would  also 
be  glad  to  have  our  opinion  as  to  whether  vessels  of  war  or  privateers 
belonging  either  to  the  United  States,  or  to  the  so-styled  Confederate 
States,  can  properly  be  required  to  leave  British  ports  in  the  West 
Indies,  and  British  North  America,  if  the  state  of  the  weather  will  admit 
of  her  doing  so. 

The  papers  referred  to  in  the  colonial  office  letter,  together  with  a 
copy  of  the  letter  to  the  admiralty,  and  other  offices,  which  has  been 
laid  before  Parliament,  were  inclosed  for  reference. 

In  obedience  to  your  lordship's  commands  we  have  taken  these  papers 
into  consideration,  and  have  the  honor  to  report : 

That  we  do  not  precisely  understand  what  was  the  course  pursued 
toward  the  Sumter  by  the  commander  of  Her  Majesty's  ship  Cadmus  j 
there  is  nothing  from  this  officer ;  and  Governor  Keate's  dispatch  of 
August  7th  only  states  that  "Captain  Hillyar  has  verified  the  character 
of  the  Sumter  and  the  commissions  of  her  officers,  and  recognized  her 
as  a  man-of-war." 

Governor  Keate  appears  to  have  carefully  avoided  any  such  recogni- 
tion whatever. 

We  know  not  upon  what  instructions  either  of  these  officers  may  have 
acted;  but,  as  at  present  advised,  we  see  no  reason  to  disapprove  of  the 
conduct  of  either.  The  Sumter  certainly  appears  not  to  be  a  privateer, 
and  is  (we  presume)  a  vessel  of  war  commissioned  by  a  de  facto  bellig- 
erent government. 

Tour  lordship's  second  question  must,  in  our  opinion,  be  at  present 
answered  in  the  negative. 

Although  it  is  competent,  by  the  law  and  usage  of  nations,  to  Her 
Majesty,  in  common  with  all  neutrals,  to  place  certain  restrictions  upon 
the  access  of  the  ships  of  war  or  privateers  of  belligerent  governments 
to  British  ports,  yet  Her  Majesty  has  not  (as  far  as  we  are  aware)  done 
so  during  the  present  contest,  excepting  only  in  case  of  their  being  ac- 


BRITISH    CASE    AND    PAPERS.  29 

companied  by  prizes  in  the  (printed)  instructions  of  June  1st  herewith. 
At  the  present  time,  therefore,  expressio  unius  est  exelusio  alterius;  and 
Her  Majesty 's  government  should  determine  upon  and  make  public  some 
other  general  instructions  on  the  point,  if  this  should  be  considered  ex- 
pedient on  grounds  of  imperial  and  international  policy.  Unless  or  until 
this  is  done,  the  ships  of  war  or  privateers  of  either  party,  unaccompa- 
nied by  prizes,  should  not,  in  our  opinion,  be  required  to  leave  British 
ports  by  the  local  authorities. 
We  have,  &c, 
(Signed)  J.  D.  HARDING. 

WM.  ATHERTON. 

ROUNDELL  PALMER. 


13]  *No.  3. 

Mr.  Hammond  to  Sir  F.  Rogers. 

Foreign  Office,  September  24, 1861. 
Str  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  state  to 
the  Duke  of  Newcastle  that  his  lordship  thought  it  right  to  consult  the 
law-officers  of  the  Crown  upon  the  proceedings  of  Governor  Keate 
and  of  the  captain  of  Her  Majesty's  ship  Cadmus,  as  reported  in  your 
letter  of  the  29th  ultimo,  and  its  inclosure,  on  the  occasion  of  the  arrival 
of  the  so-styled  confederate  vessel  of  war  Sumter  in  the  port  of  Trini- 
dad. 

I  now  inclose,  for  his  grace's  information,  a  copy  of  the  law-officers' 
report,1  and  I  am  to  state  that  Lord  Russell  would  suggest  that  the 
answer  to  be  returned  to  Governor  Keate  should  simply  be  that  Her 
Majesty's  government  see  no  reason  to  disapprove  his  proceedings  and 
those  of  the  captain  of  the  Cadmus  on  the  occasion  in  question. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  4. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  September  30,  1861.     (Received  September  30.) 

The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary 
of  the  United  States,  regrets  to  be  obliged  to  inform  the  Right  Honor- 
able Earl  Russell,  Her  Majesty's  principal  secretary  of  state  for  foreign 
affairs,  that  he  has  been  instructed  by  the  President  of  the  United 
States  to  prefer  a  complaint  against  the  authorities  of  the  island  of 
Trinidad  for  a  violation  of  Her  Majesty's  proclamation  of  neutrality  by 
giving  aid  and  encouragement  to  the  insurgents  of  the  United  States.  It 
appears,  by  an  extract  from  a  letter  received  at  the  Department  of 
State  from  a  gentleman  believed  to  be  worthy  of  credit,  a  resident  of 
Trinidad,  Mr.  Francis  Bernard,  a  copy  of  which  is  submitted  herewith, 
that  a  steam-vessel  known  as  an  armed  insurgent  privateer,  called  the 

1  No.  2. 


30  TREATY    OF    WASHINGTON. 

Sumter,  was  received  on  the  30th  of  July  last  at  that  port,  and  was 
permitted  to  remain  for  six  days,  during  which  time  she  was  not  only 
furnished  with  all  necessary  supplies  for  the  continuance  of  her  cruise, 
under  the  sanction  of  the  attorney-general,  but  that  Her  Majesty's  flag 
was  actually  hoisted  on  the  government  flag-staff  in  acknowledgment 
of  her  arrival. 

The  undersigned  has  been  directed  by  his  Government  to  bring  this 
extraordinary  proceeding  to  the  attention  of  Lord  Eussell,  and,  in  case 
it  shall  not  be  satisfactorily  explained,  to  ask  for  the  adoption  of  such 
measures  as  shall  insure  on  the  part  of  the  authorities  of  the  island  the 
prevention  of  all  occurrences  of  the  kind  during  the  continuance  of 
the  difficulties  in  America. 

The  undersigned  deems  it  proper  to  add,  in  explanation  of  the  ab- 
sence of  any  official  representation  from  Trinidad  to  substantiate  the 
present  complaint,  that  there  was  no  consul  of  the  United  States  there 
at  the  time  of  the  arrival  of  the  vessel.  The  undersigned  had  the 
honor,  a  few  days  since,  to  apprise  Lord  Eussel  of  the  fact  that  this 
deficiency  had  been  since  supplied  by  ^preferring  an  application  for  Her 
Majesty's  exequatur  for  a  new  consul,  who  is  already  on  his  way  to 
occupy  his  post. 

The  undersigned,  &c, 

(Signed)  CHAELES  FEANCIS  ADAMS. 


[Id closure  in  Xo.  4.] 

Mr.  Bernard  to  Mr.  Seward. 

LExtract.] 

Trinidad,  August  7,  1861. 

I  beg  to  inform  you  that,  on  the  30th  ultimo,  a  steam-sloop  of  war,  (Semmes,  com- 
mander,) carrying  a  secession  flag,  5  guns — some  of  large  caliber — and  a  crew  of  from 
120  to  150  men,  sailed  boldly  into  our  harbor,  and  reported  herself  to  the  authorities 
of  this  island  as  being  on  a  cruise.  She  was  last  from  Puerto  Cabello,  and  since  she 
succeeded  in  getting  out  of  the  Mississippi  River  she  has  already  captured  no  less 
than  eleven  American  vessels.  I  ascertained  the  names  of  some  of  them,  viz, 
[4]  the  Joseph  Maxwell,  *Abe  Bradford,  Minnie  Miller,  Westwind  of  Westerly, 
with  a  cargo  of  sugar  from  Havana,  and  Golden  Rocket,  which  was  burned  by 
her  off  the  coast  of  Cuba. 

The  Sumter  landed  eight  of  her  prisoners  here  in  a  destitute  condition,  but  a  con- 
tribution has  been  raised  here  for  their  benefit,  sufficient  to  supply  their  immediate 
wants,  and  I  will  take  care  that  they  are  provided  for  till  an  opportunity  offers  to 
ship  them  to  the  States. 

The  Sumter  remained  here  till  the  5th  instant,  and  was  allowed  to  supply  herself 
with  coals  and  other  necessary  outfits.  The  British  flag  was  hoisted  on  the  govern- 
ment flag-staff  for  her  arrival,  and  the  officers  of  the  British  war-vessel  Cadmus  ap- 
peared to  be  on  amicable  terms  with  those  of  the  Sumter.  The  merchant  who  sup- 
plied the  Sumter  with  coals  did  it  with  the  consent  and  approval  of  our  attorney 
general. 

Being  a  loyal  American,  I  consider  it  my  duty  to  send  you  these  informations,  as 
there  has  been  no  consul  of  our  nation  on  this  island  for  many  months. 


INo.  5. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  September  30,  1861.    (Eeceived  October  1.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Her  Majesty's  secretary  of 
state  for  foreign  affairs,  a  copy  of  a  letter  dated  the  6th  August  last? 


BRITISH    CASE   AND    PAPERS.  31 

addressed  by  Captain  Hilly  ar,  of  the  Cadmus,  to  Eear- Admiral  Sir 
Alexander  Milne,  reporting  having  boarded  the  Sumter,  a  large  priva- 
teer belonging  to  the  southern  confederation,  at  Trinidad,  and  that 
that  vessel  had  been  allowed  to  repair  and  to  be  provisioned  at  that 
place ;  and  I  am  to  request  that  Earl  Eussell  will  cause  their  lordships 
to  be  furnished  with  instructions  on  this  subject  prior  to  the  departure 
of  the  mail  on  the  5th  proximo. 

I  am,  &c, 

(Signed)  C.  PAGET. 


[Inclosure  1  in  No.  5.] 
Captain  Hillyar  to  Bear-Admiral  Sir  A.  Milne. 

Cadmus,  Trinidad,  August  6,  1861. 

Sir:  With  reference  to  my  letter  of  proceedings  to  you  of  the  10th  July,  1860,  I 
have  the  honor  to  inform  you  that,  after  completing  pro  visions  to  four  months,  I  left 
Barbados  on  ^the  20th  (after  the  arrival  of  the  mail  from  England)  for  Saint  Vin- 
cent, and  arrived  there  on  the  22d.  Found  there  the  hired  surveying-schooner  Rein- 
deer and  cutter  Royal  Charles. 

On  the  25th  I  received  a  requisition  from  the  acting  lieutenant  governor  adminis- 
tering the  government  to  take  him  the  rounds  of  his  government.  Embarked  him 
and  suite  on  the  29th  and  proceeded.     (Copy  of  request  inclosed.) 

After  visiting  the  islands,  as  per  log,  returned  to  Saint  Vincent  on  the  1st  instant. 
Wind  variable  ;  up  steam,  and  proceeded  into  Kingston  Bay. 

On  the  evening  of  the  2d  sailed  for  Granada,  and  arrived  the  forenoon  of  the  3d, 
and  was  proceeding  under  steam  into  the  inner  harbor  when  I  received  information 
from  the  harbor-master  that  a  large  privateer  belonging  to  the  southern  confederation 
was  at  Trinidad,  and  that  a  letter  from  the  governor  of  that  place  had  been  sent  on  to 
Saint  Vincent  the  day  previous,  addressed  to  me.  Under  these  circumstances,  I  backed 
out  and  anchored  outside,  and,  after  taking  20  tons  of  water,  sailed  for  this  place  at 
7  p.  m.  Off  the  Bocas  the  wind  fell  light,  and  the  current  so  strong  I  got  up  steam 
and  anchored  here  at  2  p.  m.  on  the  4th. 

I  found  a  heavy  bark-rigged  steamer,  with  south  federal  flag,  with  ten  stars,  and 
pendant  flying.  An  officer  from  her  boarded  us  as  soon  as  we  anchored,  with  the  cap- 
Tain's  respects.  Soon  after  I  sent  the  senior  lieuteuaut,  Mr.  Siltingstone,  with  my  com- 
pliments, requesting  that  he  would  be  good  enough  to  show  his  commission  and  pa- 
pers, which,  after  some  hesitation,  and  not  before  Mr.  Siltingstone  produced  his  com- 
mission, he  did.  , 

From  his  report,  it  is  a  regular  commission  as  commander  to  Captain  Semmes,  late 
of  the  United  States  Navy,  to  the  Sumter,  as  a  man-of-war,  signed  by  President 
Davis.  She  mounts  five  guns  between  decks,  viz,  four  heavy  32-pounders  and 
[5]  one  pivot  *68-pounder ;  but,  having  been  a  passenger-boat,  her  scantling  is  so 
light  (not  more  than  five  or  six  inches)  that  I  don't  think  she  could  stand  any 
firing,  and  the  guns,  being  only  from  four  to  five  feet  from  the  water,  could  not  be 
worked  in  bad  weather. 

She  broke  the  blockade  at  New  Orleans  and  was  nearly  captured  ;  since  then,  she 
has  been  most  successful,  having  eleven  prizes ;  two  she  sank  and  the  rest  are  at  St. 
Jago  de  Cuba,  under  the  protection  of  the  government,  with  the  sanction  of  the  gov- 
ernors-in-chief, until  they  receive  orders  from  Spain  as  to  the  matter. 

She  has  been  supplied  with  a  new  main-yard,  eighty  tons  of  coal,  and  provisions  from 
this  place,  the  attorney-general  having  given  the  governor  his  opinion  that  it  was 
quite  legal  to  supply  her. 

I  called  on  Captain  Semmes  next  morning,  as  he  was  getting  his  steam  up,  and  he 
gave  me  full  assurance  that  he  would  in  no  way  interfere  with  British  or  neutral  trade, 
but  complained  greatly  at  the  southerners  having  no  port  to  send  their  prizes  to,  and 
that  he  would  be  obliged  to  destroy  all  he  took,  in  consequence  of  the  strict  blockade 
on  the  southern  ports  and  the  stringent  proclamation  of  all  the  great  powers.  He 
thinks  himself  safe  at  Cuba,  as  the  government  of  Spain's  proclamation  is  only  against 
privateers  and  their  prizes,  and  says  nothing  about  men-of-war. 

She  sailed  yesterday  under  steam,  at  1  p.  m.,  and  from  the  signal-station  was  re- 
ported going  to  windward,  and,  from  his  questions,  I  should  fancy  he  was  going  to 
cruise  for  some  of  the  California  and  China  homeward-bound  ships,  and  there  is  no 
doubt  he  will  do  an  enormous  amount  of  damage  before  he  is  taken,  for  he  seems  to  be 
a  bold,  determined  man,  and  well  up  to  his  work. 
I  am,  &c, 
.(Signed)  H.  S.  HILLY AR. 


32  TREATY   OF   WASHINGTON. 

[Inclosure  2  in  No.  5.] 

Acting  Lieutenant  Governor  Musgrave  to  Captain  Llillyar. 

Government  House,  Saint  Vincent,  July  25, 1861. 
Sir  :  The  group  of  Grenadines,  which  are  dependencies  of  this  island,  have  not  been 
visited  by  the  officers  administering  the  government  for  some  time,  and  I  have  had  no 
opportunity  for  the  purpose  since  my  arrival.    I  have  therefore  to  request  that,  if  it  is 
not  inconsistant  with  other  arrangements,  you  will  convey  me,  with  my  private  sec- 
retary and  inspector  general  of  police,  who  is  my  aid-de-camp,  on  a  tour  of  inspection 
through  these  islands  ;  and  I  propose  to  proceed  on  Saturday  the  27th  instant. 
I  have,  &c, 
(Signed)  A.  MUSGRAVE. 


No.  6. 
Earl  Biissell  to  Mr.  Adams. 

Foreign  Office,  October  4, 1861. 

The  undersigned  lias  had  the  honor  to  receive  a  complaint  from  Mr. 
Adams  against  the  authorities  of  the  island  of  Trinidad,  for  a  violation 
of  Her  Majesty's  proclamation  of  neutrality,  by  giving  aid  and  encour- 
agement to  the  insurgents  of  the  United  States. 

It  appears,  from  the  accounts  received  at  the  colonial  office  and  at 
the  admiralty,  that  a  vessel  hearing  the  secession  flag  entered  the  port 
of  Trinidad  on  the  30th  of  July  last. 

Captain  Hillyar,  of  Her  Majesty's  ship  Cadmus,  having  sent  a  boat  to 
ascertain  her  nationality,  the  commanding  officer  showed  a  commission 
signed  by  Mr.  Jefferson  Davis,  calling  himself  the  president  of  the  so- 
styled  Confederate  States. 

The  Sumter,  which  was  the  vessel  in  question,  was  allowed  to  stay 
six  days  at  Trinadad  and  to  supply  herself  with  coals  and  provisions, 
and  the  attorney-general  of  the  island  perceived  no  illegality  in  these 
proceedings. 

The  law-officers  of  the  Crown  have  reported  that  the  conduct  of  the 
governor  was  in  conformity  with  Her  Majesty's  proclamation. 

No  mention  is  made  by  the  governor  of  his  hoisting  the  British  flag 
on  the  government  flag-staff,  and  if  he  did  so  it  was  probably  in  order  to 
show  the  national  character  of  the  island,  and  not  in  acknowledgment 

of  the  arrival  of  the  Sumter. 
[6]         *  There  does  not  appear,  therefore,  any  reason  to  believe  that  Her 
Majesty's  proclamation  of  neutrality  has  been  violated  by  the  gov- 
ernor of  Trinidad  or  by  the  commanding  officer  of  IJer  Majesty's  ship 
Cadmus. 

The  undersigned,  &c, 

(Signed)  RUSSELL. 

Fo.  7. 
Major  General  Sir  JE.  Lugard  to  Mr.  Hammond. 

War  Office,  January  25,  1862.    (Eeceived  January  25.) 
Sir  :  1  am  directed  by  the  secretary  of  state  for  war  to  acquaint  you, 
for  the  information  of  Earl  Kussell,  that  a  dispatch  has  been  received 


BRITISH    CASE    AND    PAPERS.  33 

from  the  governor  of  Gibraltar,  stating  that  the  Sumter  had  made  prize, 
on  the  morning  of  the  18th  instant,  of  two  American  barks,  nine  miles 
southeast  of  the  rock. 

I  have,  &c, 

(Signed)  EDWARD  LUGARD. 


No.  8. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 

4 

[Immediate.  J 

Admiralty,  January  25,  1862.  (Received  January  25.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  from  Captain  Warden,  the  senior  officer  of  Her  Majesty's  ships  at 
Gibraltar,  dated  the  17th  instant,  requesting  instructions  with  regard  to 
preventing  war-steamers,  either  of  the  United  States  or  so-styled  Con- 
federate States  of  North  America,  infringing  the  neutrality  of  the  port 
of  Gibraltar,  by  making  it  a  sort  of  base  for  hostile  operations. 

My  lords  request  to  be  informed  what  instructions  Lord  Russell 
would  desire  to  be  given  to  Captain  Warden  in  this  matter,  observing 
that  the  mail  for  Gibraltar  will  be  dispatched  this  evening. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


[Iriclosure  in  No.  8.] 
Captain  Warden  to  Vice-Admiral  Sir  W.  Martin. 

Cuckoo,  at  Gibraltar,  January  17,  1862. 

Silt :  In  a  conversation  which  I  lately  held  with  his  excellency  the  governor  of  Gi- 
braltar, the  question  arose  as  to  the  steps  which  it  would  be  desirable  to  take  in  the 
event  of  this  place  being  visited  by  men-of-war  steamers  belonging  to  the  United 
States  or  by  those  of  the  Confederate  States. 

His  excellency  has  acquainted  me  that  if  either  of  these  parties  avail  themselves  of 
the  advantages  of  this  place  as  a  neutral  port,  and  then  went  out  from  time  to  time 
evidently  to  carry  on  operations  against  the  trade  of  their  enemies  in  the  Straits  of 
Gibraltar,  it  might  even  be  in  sight  of  the  signal-station  of  the  fortress,  that  he  might 
in  that  case  feel  it  his  duty  to  refuse  the  hospitality  of  the  port  to  either  or  both  of 
the  parties,  which  might  so  misuse  a  neutral  port  as  to  make  it  a  sort  of  base  for  oper- 
ations of  a  hostile  nature.  This  case  arising,  it  is  natural  to  expect  that  the  governor 
would  call  upon  me  to  support  him  in  the  measures  which  he  might  take,  and  I  should 
be  glad  if  you  would  furnish  me  with  instructions  as  to  the  line  of  conduct  it  would  be 
my  duty  to  adopt  in  such  a  case,  so  far  as  the  use  of  force  is  concerned. 
I  have,  &c  , 
(Signed)         *  J.  WARDEN. 


[7J  *No.  9. 

Major  General  Sir  E.  Lugard  to  Mr.  Hammond. 

War  Office,  January  28, 1862.     (Received  January  ^8.) 
Sir  :  I  am  directed  by  the  secretary  of  state  for  war  to  transmit  to 
yon,  for  the  consideration  of  Earl  Russell,  the  inclosed  copy  of  a  confi- 
dential dispatch  from  Lieutenant  General  Sir  William  Codrington,  in 
H.  Ex.  282,  vol.  ii 3 


34  TREATY    OF    WASHINGTON. 

which  he  reports  the  appearance  off  Gibraltar  of  a  vessel  supposed  to 
be  the  confederate  steamer  Sumter,  and  calls  attention  to  the  embar- 
rassment which  may  be  occasioned  in  the  event  of  ships  of  war  of  either 
of  the  belligerents  taking  advantage  of  that  port  for  the  purpose  of 
observing  and  capturing  vessels  passing  through  the  straits.' 

Sir  George  Lewis  will  be  glad  to  be  informed  as  to  the  instructions 
which,  in  Earl  Russell's  opinion,  should  be  given  to  Sir  William  Cod- 
rington  for  his  guidance  in  this  matter. 

I  have,  &c, 

(Signed)  EDWARD  LUGARD. 


;  [Ixclosure  in  ]So.  9.] 

Lieutenant  General  Sir  W.  Codringtun  to  Sir  G.  Lewis. 
[Confidential.] 

Gibraltar,  January  17,  1862. 

Sir:  The  presence  of  the  confederate  man-of-war  Sumter  at  Cadiz,  the  liability  of 
her  appearance  in  our  waters,  and  her  possible  conduct,  either  here  or  in  the  straits, 
may  give  rise  to  questions  of  some  embarrassment.  It  seems  also  probable  that  Fede- 
ral vessels  of  war  coming  to  Gibraltar  may  add  somewhat  to  the  intricacy  of  ques- 
tions which  may  arise  out  of  the  position  of  these  belligerent  parties. 

The  following  is  an  extract  from  the  garrison  orders  long  existing  at  Gibraltar : 

"  When  any  act  of  hostility  occurs  between  ships  of  foreign  nations  within  range  of 
the  guns  of  the  garrison,  the  officer  or  non-commissioned  officer  commanding  the  guard 
is  to  fire  one  shot  at  extreme  range  over  the  assailant,  and  if  hostilities  be  continued 
he  is  to  give  protection  to  the  vessel  attacked  by  firing  on  the  assailant." 

This  meets  the  case  of  any  possible  attempt  in  the  day-time  within  the  long  range 
of  one  and  one  half  miles,  or  2,600  yards.  Beyond  that  range,  although  still  in  our 
waters  for  an  additional  distance  of  a  mile  and  a  half  from  Europa  Point,  the  mainte- 
nance of  inviolability  must  depend  upon  the  navy. 

I  understand  it  to  be  the  wish  of  Her  Majesty's  government  that  the  rights  of  bellig- 
erents should  be  acknowledged  by  both  Federals  and  confederates,  but  that  no  prizes 
are  to  be  brought  by  either  party  into  the  ports  of  Her  Majesty. 

Should  either  party  attempt  to  make  this  anchorage  the  means  of  capture,  by  wait- 
ing for,  observing,  and  attacking  vessels  of  the  opposite  party  passing  through  the 
straits,  I  should  feel  it  my  duty  to  give  warning,  and  subsequently  insist  that  Gibral- 
tar should  not  be  made  use  of  for  such  a  purpose. 

Gibraltar  would  afford  great  facilities  for  armed  steamships  to  observe  and  pounce 
upon  merchant  sailing-vessels  passing  to  the  east  or  to  the  west,  returning  in  safety  to 
the  protection  of  the  neutrality  of  this  anchorage  and  fortress.  I  presume  that  it  is 
the  wish  of  Her  Majesty's  government  that  I  should  prevent,  by  every  means  in  my 
power,  such  an  abuse  of  our  neutral  position  and  of  the  peculiar  situation  of  Gibraltar. 

I  can  partially  insist  upon  the  departure  of  any  armed  vessel  thus  abusing  our  neu- 
trality in  practice,  but  the  effective  and  continued  maintenance  of  the  inviolability  of 
our  waters,  on  a  proper  line  of  demarkation  of  three  miles,  must  depend  upon  Her 
Majesty's  naval  forces. 

It  would  be  advantageous,  therefore;  if  thought  right  by  Her  Majesty's  government, 
that  the  admiralty  should  give  instructions  to  the  senior  naval  officer  here,  and  that  I 
should  receive  any  directions  from  yourself  upon  the  points  to  which  my  attention  has 
been  directed  in  anticipation  of  very  possible  occurrences. 
I  have,  &c, 
(Signed)  W.  J.  CODRINGTON. 

P.  S. — January  18. — Since  writing  the  above,  a  steamer  with  the  confederate  flag 

(no  doubt  the  Sumter)  was  seen  from  the  signal-station  this  morning  to  take 

[8]      possession  of  *two  American  barks,  about  three  leagues  to  the  eastward  of  the 

Rock,  where  she  now  is,  (12  noon,)  with  boats  passing  backward  and  forward  to 

her  prizes. 

W.  J.  C. 


BRITISH    CASE    AND     PAPERS.  35 

No.  10. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  1,  1862.  (Eeceived  February  3.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a  letter, 
dated  the  22d  of  January,  from  Captain  Warden,  reporting  the  arrival 
of  the  confederate  steamer  Sumter  at  Gibraltar,  and  copies  of  its  inclo- 
sures,  relative  to  lending  the  vessel  an  anchor  and  cable  during  her  stay 
in  port. 

I  am,  &c, 

(Signed)  C.  PAGET. 


[Inclosure  1  in  No.  10.] 
Captain  Warden  to  the  secretary  to  the  admiralty. 

Cuckoo,  Gibraltar,  January  22,  1862. 

My  Lord  :  I  have  the  honor  to  report  to  your  lordship,  for  the  information  of  the 
lords  commissioners  of  the  admiralty,  that  the  Confederate  States  steam- vessel  Sumter 
arrived  in  this  bay  on  the  18th  instant,  having  on  that  day  captured  two  American 
vessels  and  burned  one  of  them  within  sight  of  the  signal-station,  but  at  several  leagues 
distant. 

On  the  following  day  the  commander  of  her  waited  upon  me  and  requested  the  loan 
of  an  anchor  and  60  fathoms  of  chain-cable  from  the  dock-yard,  stating  he  had  only 
one  anchor  on  board,  and  that  was  too  small  for  the  safety  of  his  vessel.  Before  giv- 
ing him  any  answer,  I  consulted  the  attorney  general,  who  is  the  Queen's  advocate,  on 
the  subject,  and  finding  from  his  opinion  that  there  was  no  objection  to  such  articles 
being  lent  under  the  actual  circumstances  of  the  case,  I  addressed  a  letter  to  Com- 
mander Semmes,  copy  of  which  I  inclose,  as  well  as  his  reply.  As,  however,  the  cables 
in  store  were  all  too  large  for  his  purpose,  he  has  not  as  yet  availed  himself  of  the  per- 
mission to  borrow  an  anchor. 

I  shall  be  glad  to  know  that  this  step  meets  their  lordships'  approval. 
I  have,  &c, 
(Signed)  FRED.  WARDEN. 


[Iuclosure  2  in  No.  10.] 
Captain  Warden  to  Commander  Semmes,  C.  S.  N. 

Cuckoo,  Gibraltar,  January  20,  1862. 
Sir  :  With  reference  to  the  conversation  which  I  had  the  honor  to  hold  with  you  yes- 
terday on  the  subject  of  lending  to  the  Sumter,  steam-vessel,  belonging  to  the  Confede- 
rate States  navy,  under  your  command,  an  anchor  and  60  fathoms  of  chain-cable,  I 
have  to  acquaint  you  that  I  have  submitted  the  question  to  the  law-officers  of  the 
Crown,  and  the  opinion  has  been  given  to  me  that,  with  a  view  to  the  protection  of  the 
shipping  in  the  bay,  which  may  be  anchored  in  the  vicinity  of  the  Sumter,  and  in  the 
general  interests  of  humanity,  there  is  no  objection  to  your  request  being  entertained 
and  an  anchor  and  cable  being  lent  for  the  use  of  the  Sumter  temporarily ;  and,  there- 
fore, on  my  receiving  a  written  assurance  from  you  that  the  said  anchor  and  cable  so 
lent  will  be  considered  merely  in  the  light  of  a  loan,  and  will  be  returned  to  Her 
Majesty's  dock-yard  before  the  Sumter  quits  the  bay,  there  will  be  no  objectiou  to  your 
being  supplied,  and  you  will  then  have  my  permission  to  select  from  the  dock-yard 
£uch  as  may  suit  your  purpose  if  they  should  be  in  store. 

I  have,  &c, 

(Signed)  .FRED.  WARDEN. 


36  N     TREATY    OF    WASHINGTON. 

[9]  [Enclosure  3  in  No.  10.] 

Commander  Semmes,  C.  S.  N.,  to  Captain  Warden. 

Sumter,  Bay  of  Gibraltar,  January  20,  1862. 
Sir  :  I  have  the  honor  to  receive  your  letter  of  this  day's  date,  in  which  you  are 
kind  enough  to  say  that  you  assent  to  the  requests  made  by  me  yesterday  for  the  loan 
of  an  anchor  and  chain  for  the  temporary  security  of  my  ship.    This  anchor  and  chain 
will  he  safely  returned  to  the  arsenal  before  I  leave  the  port. 
I  have,  &c, 
(Signed)  R.  SEMMES. 


No.  11. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  1,  1862.  (Received  February  4.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter,  dated  the  22d  January,  from  Captain  Warden,  the  senior  officer 
of  Her  Majesty's  ships  at  Gibraltar,  with  copies  of  the  correspondence 
therein  inclosed,  relative  to  the  protection  to  be  afforded  to  United  States 
merchant- vessels  in  the  waters  of  Gibraltar  during  the  stay  of  the  con- 
federate armed  vessel  Sumter  at  Gibraltar. 

I  am,  &c, 

(Signed)  0.  PAGET. 

» 

[Inclosure  1  in  No.  11. J 

Captain  Warden  to  the  secretary  to  the  admiralty. 

Cuckoo,  at  yGibr  altar,  January  22,  1862. 
My  Lord  :  I  have  the  honor  to  transmit,  for  the  information  of  the  lords  commis- 
sioners of  the  admiralty,  copies  of  a  correspondence  which  has  taken  place  on  the  sub- 
ject of  the  protection  to  be  afforded  to  American  merchant -vessels  during  the  stay  of 
the  Sumter  at  Gibraltar.    Extracts  of  this  correspondence  have  been  furnished  to  the 
American  consul  for  his  information. 
I  have,  &c, 
(Signed)  FRED.  WARDEN. 


[Inclosure  2  in  No.  11.] 

Mr.  Sprague  to  Captain  Warden. 

January  21, 1862. 
Sir:  The  steamer  Sumter  still  remains  in  this  port.     There  are  also  several  wind- 
bound  American  vessels  in  this  bay,  some  of  them  likely  to  be  towed  out  of  the  straits 
at  any  moment,  and  for  the  guidance  of  their  masters  I  shall  ^feel  obliged  if  you  will 
inform  me  at  your  earliest  convenience  what  rules  you  intend  to  lay  down  or  enforce 
on  the  occasion,  in  case  any  American  vessels  should  leave  port  before  the  Sumter,  or 
if  the  Sumter  should  be  outside  waiting  to  intercept  them. 
I  have,  &c, 
(Signed)  HORATIO  J.  SPRAGUE, 

United  States  Consul. 


[10]  *[Inclosure  3  in  No.  11.] 

Captain  Warden  to  Commander  Semmes,  C.  S.  iV. 

Cuckoo,  Gih-altar,  January  22,  1862. 
Sir:  I  have  the  honor  to  acquaint  you  that  a  question  has  been   raised  by  the 
United  States  consul  as  to  the  amount  of  protection  to  merchant- vessels  in  this  port 


BRITISH    CASE    AND     PAPERS.  37 

daring  the  stay  of  the  Sumter,  and  having  placed  myself  in  communication  with  his 
excellency  the  governor,  and  consulted  the  proper  authorities,  it  becomes  my  duty  to 
place  before  you  the,  decision  arrived  at,  viz :  "  American  merchant- vessels  quitting 
Gibraltar  while  the  Sumter  is  in  the  bay  are  entitled  to  twenty-four  hours  before  being 
pursued  with  a  hostile  intention,  and  that  it  is  the  duty  of  the  authorities  concerned  to 
see  that  such  protection  is  extended  over  them." 

It  will  afford  me  much  pleasure  to  learn  from  yourself  that  you  coincide  in  these 
views  of  neutral  rights  and  protection,  in  which  case  my  duty  will  be  rendered  both 
simpler  and  more  agreeable. 

I  have,  &c, 

(Signed)  F.  WARDEN. 


[Inclosure  4  in  Xo.  11.]  « 

Commando-  Semmes,  C.  S.  N.,  to  Captain  Warden. 

Confederate  States  Steamer  Sumter, 

Bay  of  Gibraltar,  January  22,  1862. 

Sir  :  I  have  had  the  honor  to  receive  your  letter  of  this  date,  informing  me  that  a 
question  had  been  raised  by  the  United  States  consul  as  to  the  amount  of  protection 
to  be  afforded  to  the  merchant-vessels  of  the  Northern  States  while  the  Sumter 
remains  in  the  waters  of  Gibraltar ;  that  you  had  put  yourself  in  communication  with 
his  excellency  the  governor  and  consulted  the  proper  authorities  on  the  subject,  and 
that  the  following  conclusion  had  been  reached,  viz,  that  "  American  merchant-vessels 
quitting  Gibraltar  while  the  Sumter  is  in  the  bay  are  entitled  to  a  start  of  twenty-four 
hours  before  being  pursued  with  a  hostile  intention,  and  that  it  is  the  duty  of  the 
authorities  concerned  to  see  that  such  protection  is  extended  over  them." 

The  rule  above  stated  has  certainly  been  well  established  as  to  ships  of  war,  though 
I  do  not  recollect  any  case  in  which  the  same  rule  has  been  applied  to  merchant- 
shipping.  I  am  free  to  admit,  however,  that  the  reason  of  the  rule,  viz,  that  the  neutral 
port  shall  not  be  made  a  station  from  which  to  carry  on  hostilities,  applies  as  well  to 
merchant-shipping  as  to  men-of-war,  and  therefore  I  can  have  no  ground  on  which  to 
dissent  from  the  conclusion  arrived  at  by  the  authorities  of  Gibraltar.  The  Sumter 
will  not  pursue,  within  twenty-four  hours  of  her  departure,  any  vessel  of  the  United 
States  that  may  leave  the  Bay  of  Gibraltar. 
I  have,  &c, 
(Signed)  R.  SEMMES. 


Ko.  12. 

Major  General  Sir  E.  Lugard  to  Mr.  Hammond. 

War  Office,  February  4,  1862.  (Received  February  5.) 
Sir  :  With  reference  to  my  letter  of  the  28th  ultimo,  relative  to  the 
appearance  off  Gibraltar  of  the  so-called  Confederate  States  steamer 
Sumter,  I  am  directed  by  the  secretary  of  state  for  war  to  transmit  to 
you,  for  the  information  of  Earl  Kussell,  the  accompanying  copy  of  a 
further  dispatch  from  Lieutenant  General  Sir  William  Oodrington,  in 
which  he  reports  the  arrival  of  the  Sumter  at  that  port,  and  gives  the 
substance  of  a  conversation  which  had  passed  between  himself  and  the 
captain  of  that  vessel. 

Sir  William  Oodrington  also  forwards  copies  of  a  correspondence  with 
the  United  States  consul  at  Gibraltar  in  regard  to  this  vessel. 
I  have,  &c, 
(Signed)  EDWAED  LITGAKD. 


[11]  *LIr.clo$;ire  1  in  No.  1-2.  J 

Lieutenant  General  Sir  W.  Codrington  to  Sir  G.  Lewis. 

Gibraltar,  January  25,  1862. 
Sir:  With  reference  to  my  dispatch,  marked  confidential,  dated  17th  instant,  I  have 
now  the  honor  to  inform  you  that  the  Confederate  States  steamer  Sumter,  after  cap- 


38  TREATY    OF    WASHINGTON. 

turing  and  burning  an  American  bark,  the  Neapolitan,  about  three  or  four  leagues 
southeast  of  Gibraltar,  on  the  18th  instant,  and  putting  the  crew  on  board  another, 
the  Investigator,  which  she  also  captured,  but  set  at  liberty,  having  English  property 
on  board,  anchored  in  our  bay  at  about  6  o'clock  on  the  same  day. 

2.  On  the  evening  of  the  18th  I  received  a  letter  from  the  American  consul  in  this 
city,  (a  copy  of  which  I  inclose,)  requesting  me  to  give  instructions  to  prevent  this 
"  rebel  cruiser  from  obtaining  the  necessary  facilities  and  making  equipments  for  the 
continuance  of  her  unlawful  vocation." 

3.  On  the  receipt  of  this  letter,  I  put  to  the  attorney-general  certain  questions  on 
international  law,  which  questions,  and  his  answers,  are  annexed. 

4.  I  then  caused,  a  reply  to  be  made  to  the  consul  by  the  colonial  secretary. 

5.  On  Sunday,  the  19th,  Captain  Semmes,  the  commander  of  the  Sumter,  called  upon 
me  about  3  p.  m.,  and  the  following  is  the  substance  of  our  conversation  :  "  He  said 
that  he  wished  to  wait  upon  me  and  ask  for  the  hospitality  of  Gibraltar  for  the  short 
time  that  he  might  remain.  I  answered  that  that  hospitality  would  be  given  to  him,  as 
to  any  others,  as  long  as  no  circumstances  happened  to  prevent  it  by  a  breach  of  regu- 
lations and  customs  which  were  applicable  to  the  Sumter  as  to  other  vessels.  Captain 
Semmes  said  he  quite  understood  that,  and  that  he  only  proposed  to  obtain  assistance 
by  private  labor  in  repairs  which  were  necessary.  Of  course,  I  said ;  but  nothing  of 
munitions  or  contraband  of  war,  as  generally  understood,  must  be  obtained  by  him,  as 
this  would  cause  a  breach  of  that  neutrality  which  I  was  bound  to  see  observed  both 
by  confederates  and  Federals.  He  said  that  he  wished  to  have  repairs  made  to  his 
condenser  and  some  other  part  of  the  engine,  for  which  purpose  he  should  obtain  pri- 
vate assistance ;  that  he  meant  to  have  a  survey  of  the  engine  by  his  own  people,  and 
that  if  I  wished  to  send  an  engineer  to  see  what  those  repairs  were,  and  if  they  were 
necessary,  he  would  be  very  happy  to  receive  him,  &c.  I  said  I  did  not  wish  this  ; 
that  there  could  be  no  objection  to  such  necessary  repairs,  as'far  as  I  was  acquainted 
with  international  law.  Yes,  he  said,  the  law  has  long  been  clearly  laid  down,  by  your 
Sir  Walter  Scott  formerly,  as  to  that ;  and  that  if,  for  instance,  I  found  that  he  was 
introducing  a  gun,  or  such  things,  it  would  be  contrary  to  law,  &c. ;  but  that,  on  re- 
ceiving hospitality  of  a  neutral  port,  he  should  feel  himself  bound,  as  a  question  almost 
of  honor,  not  to  do  anything  to  compromise  the  authority  of  the  port.  I  said  this  would 
make  my  duty  easy  if  I  felt  such  was  his  intention ;  for  of  course  there  would  be  very 
nice  questions  of  international  law  and  difficulty  if  a  Federal  man-of-war  came  into 
the  port,  so  as  to  maintain  a  strict  neutrality  and  yet  afford  the  hospitality  ac- 
knowledged as  customary  by  the  law  of  nations.  After  some  more  general  conversa- 
tion, I  mentioned  to  him  that  there  was  one  point  on  which  I  must  express  my  opinion, 
viz :  that  it  would  not  be  right  for  him  to  make  Gibraltar  a  stepping-stone  or  facility 
for  observing  and  seizing  American  merchantmen  passing  into  and  out  of  the  straits. 
The  going  out,  and  coming  in  again  for  this  purpose,  would  be  quite  contrary  to  the 
neutrality  of  the  port ;  he  said  he  perfectly  understood  this  view,  and  he  had  no  inten- 
tion of  doing  anything  of  this  sort ;  but  that  when  he  quitted  Gibraltar  finally,  if  an 
American  merchantman  fell  in  his  way  the  other  side  of  the  straits,  that  was  another 
question.    I  said,  O !  I  have  nothing  to  say  to  such  proceedings  far  out  from  hence,"  &c. 

6.  On  the  20th  I  desired  my  military  secretary  to  go  on  board  the  Sumter  and  to 
read  to  him  the  above  notes  of  our  conversation,  not  as  wishing  for  any  expression 
from  him,  but  merely  to  show  him  my  understanding  of  his  intentions,  while  he  is 
using  the  hospitality  of  this  port,  as  it  made  the  duty  of  the  authorities  at  Gibraltar 
more  clear,  open,  and  agreeable,  if  I  understood  that  Captain  Semmes — as  well  for 
himself  as  for  his  officers  and  ship's  company — felt  himself  bound  in  honor  to  keep 
free  from  any  act,  such  as  obtaining  articles  of  munitions  or  contraband  of  war,  which 
would  in  any  way  compromise  the  strict  neutrality  of  the  port. 

7.  Captain  Semmes,  having  heard  these  remarks  and  notes  read,  replied,  "  You  may 
tell  the  governor  that  he  has  remembered  our  conversation  with  singular  accuracy, 
and  that  I  do  consider  myself  bound,  not  only  by  interest,  but  also  by  honor,  not  to 
abuse  the  hospitality  which  I  am  receiving  at  Gibraltar ;   I   can  answer  for  all  my 

officers  in  like  manner." 
[12]        *8.  On  the  afternoon  of  the  19th  instant  I  received  another  letter  from  the 

American  consul,  (inclosed,)  in  which  he  states  he  fully  counts  upon  my  prevent- 
ing the  neutrality  of  this  port  and  fortress  from  being  compromised  by  southern 
armed  cruisers,  to  the  detriment  of  the  commerce  of  the  United  States,  and  asking 
that  the  crew  of  the  burned  bark  Neapolitan,  then  in  the  bay.  on  board  the  Investi- 
gator, might  be  allowed  to  land  and  be  subsisted  under  the"  charge  of  the  con- 
sulate. 

9.  The  colonial  secretary  replies  to  this  by  letter  of  the  20th,  (also  inclosed.) 

10.  On  the  22d  I  had  an  interview  with  Captain  Warden,  C.  B.,  senior  naval  officer, 
on  the  subject  of  an  interval  of  twenty-four  hours  elapsing  after  the  departure  of  any 
American  vessel  before  the  Sumter  should  be  permitted  to  depart.  We  both  thought 
it  advisable  that  he  should  write  a  letter  to  Captain  Semmes,  informing  him  of  what 


BRITISH    CASE    AND     PAPERS.  #9 

we  considered  the  international  law  and  custom,  viz,  that  lie  should  not  quit  the  port 
until  twenty-four  hours  had  elapsed  after  the  sailing  of  any  American  merchantman. 

11.  Captain  Warden  has  since  received  an  answer  to  the  effect  that  the  Sumter  will 
not  pursue,  within  twenty-four  hours  of  her  departure,  any  vessel  of  the  United  States 
that  may  leave  the  Bay  of  Gibraltar. 

12.  Copies  of  these  letters  are  also  herewith  transmitted. 
I  have,  &c, 

(Signed)  '        W.  J.  CODRINGTON. 


[Inclosure  2  in  Xo.  12. J 

Mr.  Sprague  to  Lieutenant  General  Sir  W.  Codringion. 

Gibraltar,  January  18,  1862 — 9  p.  m. 
Dear  General  :  I  just  learn  that  the  rebel  steamer  Sumter  has  entered  this  port 
a  few  moments  since,  after  destroying  one  or  two  of  our  merchant- vessels  within  sight 
of  this  rock. 

I  hope  your  excellency  will  give  such  orders  as  may  prevent  this  rebel  cruiser  from 
obtaining  the  necessary  facilities  and  making  equipments  for  the  continuation  of  her 
unlawful  vocation. 

The  probability  of  the  Sumter  being  visited  by  the  sanitary  authorities  at  an  early 
hour  to-morrow  makes  me  anxious  that  the  present  note  should  reach  your  excellency's 
hands  at  an  early  moment ;  hence  the  reason  for  my  addressing  you  at  this  advanced 
hour  of  the  night,  and  for  which  I  beg  to  offer  your  excellency  many  apologies. 
I  have,  &c, 
(Signed)  HORATIO  J.  SPRAGUE, 

United  States  Consul. 


% 
[Inclosure  3  in  !No.  12.] 

Questions  addressed  to  the  attorney  general,  Gibraltar,  and  his  answers. 

Gibraltar,  January  19,  1862. 

The  confederate  steamer  Sumter  anchored  in  Gibraltar  about  6  p.  m.  yesterday 
evening ;  she  had  been  seen  to  capture  in  the.  morning  two  American  barks  about 
three  leagues  southeast  from  the  rock,  one  of  which  was  subsequently  set  on  fire. 

I  received  last  night  the  inclosed  letter  from  the  consul  of  the  United  States.  It  is 
not  necessary  to  refer  to  the  details  of  expression  as  to  rebels,  &c,  but  I  wish  the 
opinion  of  the  attorney  general  for  my  guidance  upon  the  following  points : 

Whether  the  Queen's  proclamation  of  neutrality,  and  acknowledgment  of  belligerent 
rights  to  both  Federals  and  secessionists,  entails  any  obligation  upon  me  to  prevent  the 
supply  by  private  hand  to  either  party — 

Munitions  of  war ;  of  coals ;  of  provisions,  water,  or  ships'  stores. 

I  request  also  the  opinion  of  the  attorney  general,  whether  there  is  any  international 
law  or  custom  by  which  I  can  prevent  the  anchorage  and  protection  of  Gibraltar  being 
made  use  of  by  either  party  for  the  purpose  of  sallying  out  and  capturing  the  vessels 
of  the  opposite  party,  and  then  return  in  safety  to  the  protection  of  a  neutral 
anchorage. 

(Signed)  W.  J.  CODRINGTON, 

•  Lieutenant  General,  Governor. 


[13]  *The  confederate  war-steamer  Sumter,  now  anchored  in  our  port,  may  receive 
such  supplies  as  are  ordinarily  furnished  to  merchant  ships,  but  nothing  that 
will  add  to  or  increase  her  fighting  powers,  such  as  munitions  ol  war.  Hostilities  must 
not  be  permitted  in  British  waters,  nor  Gibraltar  made  use  of  as  an  asylum  from 
whence  to  sally  out  to  commit  hostilities,  and  afterward  returning  to  it.  In  such  case 
the  asylum  should  be  refused. 

'(Signed)  MARCUS  COSTELLO, 

Attorney  General. 


40  TREATY    OF    WASHINGTON. 

[Inclosure  4  in  No.  12.  J 

Captain  Freeling  to  Mr.  Sprague. 

Secretary's  Office,  Gibraltar,  January  19,  1862. 
Sir  :  I  am  directed  by  bis  excellency  tbe  governor  to  acknowledge  tbe  receipt  of  your 
letter  of  yesterday's  date  on  the  subject  of  the  confederate  steamer  Sumter,  now  at 
anchor  in  this  bay. 

His  excellency  desires  me,  in  reply,  to  inform  you  that  the  instructions  contained  in 
Her  Majesty's  proclamation  of  the  13th  May  last,  (published  in  the  Gibraltar  Chronicle 
of  the  1st  June,  1861,)  with  reference  to  the  strict  neutrality  to  be  observed  by  Her 
Majesty's  subjects  in  the  contest  between  the  Government  of  the  United  States  of 
America  and  certain  States  styling  themselves  the  Confederate  States  of  America,  will 
be  strictly  carried  out  with  regard  to  the  rights  and  obligations  toward  both  belliger- 
ent parties. 

I  have,  &c, 

(Signed)  S.  FREELING, 

Colonial  Secretary. 


[Inclosure  5  in  No.  12.] 

Mr.  Sprague  to  Captain  Freeling. 

Gibraltar,  January  19,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of  this 
day's  date,  and  beg  to  say,  in  reply,  that  I  fully  count  upon  his  excellency  the  gov- 
ernor preventing  the  neutrality  of  this  port  and  fortress  from  being  compromised  by 
southern  armed  cruisers,  to  the  detriment  of  the  commerce  of  the  United  States. 

His  excellency  the  governor  is  already  informed  of  the  particulars  of  the  destruction 
of  property  yesterday  by  the  Sunfter,  in  sight  of  this  rock.  The  bark  Neapolitan, 
of  Kingston,*  United  States  of  America,  was  captured  and  destroyed  by  this  steamer, 
and  the  crew  were  sent  to  this  port  by  the  American  barque  Investigator,  at  first  cap- 
tured* by  the  Sumter,  and  then  released  on  her  master  handing  to  the  commander  of 
the  Sumter  a  ransom  bond  for  $1 1,250.  This  crew  was  put  on  board  the  Inves- 
tigator, to  go  wherever  they  pleased  ;  and  being  protected  American  seamen,  I  beg  to 
ask  the  favor  of  his  excellency  the  governor  to  permit  these  men  to  place  themselves 
under  the  charge  of  this  consulate,  so  that  I  may  provide  for  their  subsistence  and 
return  to  their  homes.  They  are  entirely  destitute,  and  are  at  this  moment  aheavy 
burden  to  the  master  of  the  American  bark  Investigator,  who  is  anxious'  to  be 
relieved  of  them,  as  he  wishes  to  proceed  on  his  voyage  to  England  without  further 
delay. 

I  have,  &c, 
(Signed) 

HORATIO  J.  SPRAGUE, 

United  States  Consul. 


[Inclosure  6  in  No.  12.]  # 

Captain  Freeling  to  Mr.  Sprague. 

Secretary's  Office,  Gibraltar,  January  20, 1862. 
Sir  :  I  am  directed  by  the  governor  to  acknowledge  the  receipt  of  your  letter  of 
yesterday's  date,  and  to  inform  you  that,  by  some  expressions  in  it,  there  seems  to  be 
expectation  on  your  part  which  it  might  not  be  in  his  excellency's  power  to  accom- 
plish, with  regard  to  acts  detrimental  to  the  commerce  of  the  United  States 

He  therefore  begs  me  to  remind  you  that  Her  Majesty's  proclamation  and  the 
[  14]    rules  *of  international  law  will  form  the  limit  and  the  guide  in  any  conduct 
observed  toward  the  belligerent  parties  of  the  Northern  and  Southern  States  of 
America. 

The  governor  understands  that  you  will  take  charge  of  the  crew  of  the  Neapolitan, 
and  lie  has,  therefore,  no  objection  to  their  being  landed  from  the  Investigator  at  once. 
I  have,  &c, 
(Signed)  S.  FREELING, 

Colonial  Secretary. 


BRITISH    CASE    AND    PAPERS.  41 

[Iuclosure  7  in  No.  12.] 

Captain  Warden  to  Commander  Semrnes,  C.S.N.,  January  22,  18G2. 

[See  iuclosure  3  iu  No.  11.] 


[Tnclosure  8  in  No.  12.  J 

Commander  Semrnes,  C.S.N.,  to  Captain  Warden,  January  22,  1862. 

[See  iuclosure  4  iu  No.  11.] 


No.  13. 

Mr.  Hammond  to  Major  General  Sir  E.  Lugard. 

Foreign  Office,  February  8,  1862. 
Sir  :  I  am  directed  by  Earl  Eussell  to  acknowledge  the  receipt  of 
your  letter  of  the  4th  instant,  inclosing  copies  of  a  dispatch  and  its  in- 
cisures from  Lieutenant  General  Sir  W.  Codrington,  reporting  his  pro- 
ceedings with  regard  to  the  confederate  steamship  Sumter ;  and  I  am 
to  request  that  you  will  state  to  Secretary  Sir  G.  C.  Lewis  that  his  lord- 
ship is  of  opinion  that  the  conduct  of  Sir  W.  Codrington  should  be 
approved. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  14. 
Major  General  Sir  E.  Lugard  to  Mr.  Hammond. 

[Immediate.] 

War  Office 


February  11,  1862.     (Received  February  11.) 
Sffi :  I  am  directed  by  the  secretary  of  state  for  war  to  request  that 
you  will  move  Earl  Russell  to  enable  Sir  George  Lewis  to  return  an  au- 
thoritative answer  to  the  following  inquiry,  which  has  been  received  by 
telegraph  from  Lieutenant  General  Sir  William  Codrington: 

"  With  regard  to  the  third  paragraph  of  printed  instructions 
[15J      received  to-day,1  *Sumter  entered  Gibraltar  three  weeks  before 
the  notification.    Is  she  to  be  ordered  away  under  that  para- 
graph ?  w 

I  am,  &c, 

(Signed)  EDWARD  LUGARD. 

1 "  II.  During  the  continuance  of  the  present  hostilities  between  the  Government  of 
the  United  States  of  North  America  and  the  States  calling  themselves  '  the  Confeder- 
ate States  of  America/  all  ships  of  war  and  privateers  of  either  belligerent  are  prohib- 
ited from  making  use  of  any  port  or  roadstead  in  the  United  Kingdom  of  Great  Britain 
and  Ireland,  or  in  the  Channel  Islands,  or  in  any  of  Her  Majesty's  colonies  or  foreign 
possessions  or  dependencies,  or  of  any  waters  subject  to  the  territorial  jurisdiction  of 
the  British  Crown,  as  a  station  or  place  of  resort  for  any  warlike  purpose  or  for  the. 


42  TREATY    OF    WASHINGTON. 

:nto.  is. 

Mr.  Hammond  to  the  law-officers  of  the  Croivn. 

[Immediate.] 

Foreign  Office,  February  11, 18G2. 

Gentlemen  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  here- 
with a  letter  from  the  war  office,1  requesting  to  be  enabled  to  return  an 
answer  to  a  question  in  regard  to  the  stay  of  the  confederate  ship  of 
war  Sumter  at  Gibraltar,  which  has  been  asked  by  the  governor  of  that 
fortress. 

It  appears  to  Lord  Russell  that  the  Sumter  has  not  entered  the  port 
of  Gibraltar  after  the  notification  at  that  port  of  the  rules  contained  in 
his  lordship's  letter  to  the  admiralty  of  the  31st  January,  herewith 
transmitted  to  you,  but  that  if  she  goes  away  and  returns  she  will  be 
subject  to  the  rules  as  promulgated ;  but  Lord  Russell  requests  that  yon 
will  take  the  question  into  your  consideration  with  reference  generally 
to  the  rules  laid  down  in  his  letter,  and  at  your  earliest  convenience  re- 
purpose  of  obtaining  any  facilities  of  warlike  equipment ;  and  no  ship  of  war  or  pri- 
vateer of  either  "belligerent  shall  hereafter  be  permitted  to  sail  out  of  or  leave  any  port, 
roadstead,  or  waters,  subject  to  British  jurisdiction,  from  which  any  vessel  of  the  other 
belligerent  (whether  the  same  shall  be  a  ship  of  war,  a  privateer,  or  a  merchant  ship) 
shall  have  previously  departed,  until  after  the  expiration  of  at  least  twenty-four  hours 
from  the  departure  of  such  last-mentioned  vessel  beyond  the  territorial  jurisdiction  of 
Her  Majesty. 

"III.  If  any  ship  of  war  or  privateer  of  either  belligerent  shall,  after  the  time  when 
this  order  shall  be  first  notified  and  put  in  force  in  the  United  Kingdom  and  in  the 
Channel  Islands,  and  in  the  several  colonies  and  foreign  possessions  and  dependencies 
of  Her  Majesty,  respectively,  enter  any  port,  roadstead,  or*  waters  belonging  to  Her 
Majesty,  either  in  the  United  Kingdom  or  in  the  Channel  Islands  or  in  any  of  Her 
Majesty's  colonies  or  foreign  possessions  or  dependencies,  such  vessel  shall  be  required 
to  depart  and  to  put  to  sea  within  twenty-four  hours  after  her  entrance  into  such  port, 
roadstead,  or  waters,  except  in  case  of  stress  of  weather,  or  of  her  requiring  provis- 
ions or  things  necessary  for  the  subsistence  of  her  crew  or  repairs ;  in  either  of  which 
cases  the  authorities  of  the  port,  or  of  the  nearest  port,  (as  the  case  may  be,)  shall 
require  her  to  put  to  sea  as  soon  as  possible  after  the  expiration  of  such  period  of 
twenty-four  hours,  without  permitting  her  to  take  in  supplies  beyond  what  may  be 
necessary  for  her  immediate  use ;  and  no  such  vessel,  which  may  have  been  allowed  to 
remain  within  British  waters  for  the  purpose  of  repair,  shall  continue  in  any  such  port, 
roadstead,  or  waters  for  a  longer  period  than  twenty-four  hours  after  her  necessary 
repairs  shall  have  been  completed  ;  provided,  nevertheless,  that  in  all  cases  in  which 
there  shall  be  any  vessels  (whether  ships  of  war,  privateers,  or  merchant-ships)  of 
both  the  said  belligerent  parties  in  the  same  port,  roadstead,  or  waters  within  the  ter- 
ritorial jurisdiction  of  Her  Majesty,  there  shall  be  an  interval  of  not  less  than  twenty- 
four  hours  between  the  departure  therefrom  of  any  such  vessel  (whether  a  ship  of 
war,  a  privateer,  or  a  merchant-ship)  of  the  one  belligerent  and  the  subsequent  de- 
parture therefrom  of  any  ship  of  war  or  privateer  of  the  other  belligerent ;  and  the 
times  hereby  limited  for  the  departure  of  such  ships  of  war  and  privateers  respect- 
ively, shall  always,  in  case  of  necessity,  be  extended,  so  far  as  may  be  requisite  for 
giving  effect  to  this  proviso,  but  not  further  or  otherwise. 

"  IV.  No  ship  of  war  or  privateer  of  either  belligerent  shall  hereafter  be  permitted, 
while  in  any  port,  roadstead  or  waters  subject  to  the  territorial  jurisdiction  of  Her  Maj- 
esty, to  take  in  any  supplies,  except  provisions  and  such  other  things  as  maybe  requisite 
for  the  subsistence  of  her  crew ;  and  except  so  much  coal  only  as  may  be  sufficient  to 
carry  such  vessel  to  the  nearest  port  of  her  own  country,  or  to  some  nearer  destina- 
tion; and  no  coal  shall  be  again  supplied  to  any  such  ship  of  war  or  privateer,  in  the 
same  or  any  other  port,  roadstead  or  waters']  subject  to  the  territorial  jurisdiction  of 
Her  Majesty,  without  special  permission,  until  after  the  expiration  of  three  months 
from  the  time  when  such  coal  may  have  been  last  supplied  within  British  waters  to 
her  as  aforesaid." 

1  No.  14. 


BRITISH    CASE    AND    PAPERS.  43 

port  your  opinion  as  to  the  answer  which  should  be  returned  to  the  gov- 
ernor of  Gibraltar. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  10. 

The  secretary  to  the  admiralty  to  Mr.  'Hammond. 

Admiralty, 
February  12, 1862.  (Eeceived  February  12.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  transmit  herewith  the  copy  of  a  telegram  from  the  senior  naval  officer 
at  Gibraltar,  relative  to  supplying  a  vessel  of  the  Confederate  States 
with  coal,  and  I  am  to  request  that  you  will  move  Earl  Eussell  to  inform 
their  lordships  what  answer  should  be  sent  thereto.    My  lords  have 
reason  to  believe  that  the  vessel  has  not  been  able  to  obtain  coals,  as 
the  merchants  are  unwilling  to  take  bills  on  the  so-called  confederate 
government  j  and  their  lordships  would,  therefore,  be  glad  to  have  Earl 
Bussell's  opinion,  whether  the   senior  officer  at  Gibraltar  should  be 
directed  to  supply  coals  required  to  enable  the  vessel  to  leave  that  port 
at  all,  and,  if  so,  whetlier  he  is  to  receive  only  cash  payment  or  accept 
bills  on  the  agents  of  the  so-called  confederate  government. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 


[16]  *[Inclosure  in  !No.  16.J 

Captain  Warden  to  the  secretary  to  the  admiralty. 

[Telegraphic] 

Gibraltar,  February  11, 1862, 
Captain  of  the  confederate  steam-vessel  cannot  obtain  coals  in  the  market.    Has 
asked  me  supply  him  with  150  tons  from  the  dock-yard,  and  I  have  refused.     Should  I 
supply  him  in  order  that  he  may  quit  the  port  ? 


No.  17. 

The  law-officers  of  the  Crown  to  Earl  Russell. 
[Immediate.] 

Doctors'  Commons, 
February  12, 1862.  (Eeceived  February  13.) 

My  Lord  :  We  are  honored  with  your  lordship's  command  signified 
in  Mr.  Hammond's  letter  of  the  11th  instant,  stating  that  he  was  di- 
rected by  your  lordship  to  transmit  to  us  herewith  a  letter  from  the  war 
office,  requesting  to  be  enabled  to  return  an  answer  to  a  question  in  re- 
gard to  the  stay  of  the  confederate  ship  of  war  Sumter  at  Gibraltar, 
which  had  been  asked  by  the  governor  of  that  fortress. 

Mr.  Hammond  was  also  pleased  to  state  that  it  appeared  to  your  lord- 
ship that  the  Sumter  had  not  entered  the  port  of  Gibraltar  after  the 


44  TREATY    OF    WASHINGTON. 

notification  at  that  port  of  the  rules  contained  in  your  lordship's  letter 
to  the  admiralty  of  31st  of  January,  which  he  therewith  transmitted  to 
us,  but  that  if  she  went  away  and  returned  she  would  be  subject  to  the 
rules  as  promulgated  j  but  that  your  lordship  requested  that  we  would 
take  the  question  into  our  consideration  with  reference  generally  to  the 
rules  laid  down  in  your  lordship's  letter,  and  at  our  earliest  convenience 
report  our  opinion  as  to  the  answer  which  should  be  returned  to  the 
governor  of  Gibraltar. 

In  obedience  to  your  lordship's  commands,  we  have  taken  these  papers 
into  consideration,  and  have  the  honor  to  report — 

That  the  governor  may  be  informed  that,  under  the  circumstances 
stated,  the  Sumter,  not  having  entered  the  port  of  Gibraltar  after  the 
notification  of  the  rules  and  orders  in  question,  cannot  be  required  to 
depart  within  the  3d  rule. 

If  she  should  have  made  use,  or  should  hereafter  make  use,  of  the 
port  or  territorial  waters  of  Gibraltar  as  a  station  or  place- of  resort  for 
any  warlike  purposes,  (such  as  for  the  purpose  of  making,  or  cruising 
with  intent  to  make,  hostile  captures  of  ships,)  she  may  be  ordered  by 
the  governor  to  depart  under  Rule  2 ;  and  it  will  be  competent  for  Her 
Majesty,  at  her  discretion,  to  send  special  instructions  to  the  governor 
as  to  his  requiring  her  to  depart,  treating  her  in  this  respect  as  the  Tus- 
carora  was  treated  at  Southampton.  She  is  in  all  respects  subject  to 
Rule  4. 

We  have,  &c, 

(Signed)  J.  D.  WARDING. 

WM.  ATHERTOK 
ROUNDELL  PALMER. 


25b.  18. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Washington,  February  13, 1862. 
Sir  :  With  reference  to  your  letter  of  the  12th  instant,  inclosing  copy 
of  a  telegram  from  the  senior  naval  officer  at  Gibraltar,  requesting  in- 
structions as  to  supplying  the  Sumter  with  coals,  I  am  directed  by  Earl 
Russell  to  request  that  you  will  inform  the  lords  commissioners  of  the 
admiralty  that  his  lordship  thinks  it  unadvisable  that  any  coal  should 
be  supplied  to  that  vessel  from  the  public  stores. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[17]  *No.  19. 

Mr.  Hammond  to  Major  General  Sir  E.  Lugard. 

[Immediate.] 

Foreign  Office,  February  14,  1862. 
Sir  :  I  am  directed  by  Earl  Russell  to  acknowledge  the  receipt  of  your 
letter  of  the  11th  instant,  requesting  information  as  to  the  answer  which 
should  be  returned  to  inquiries  made  by  the  governor  of  Gibraltar 


BRITISH    CASE    AND     PAPERS.  45 

relative  to  the  presence  of  the  steamer  Suinter  at  that  port ;  and  I  am 
to  state  to  you,  in  reply,  for  the  information  of  Secretary  Sir  G.  O.  Lewis, 
that  Lord  Kussell,  after  consultation  with  the  law  advisers  of  the  Crown, 
is  of  opinion  that  Sir  William  Oodrington  may  be  informed  that,  under 
the  circumstances  stated,  the  Sumter,  not  having  entered  the  port  of 
Gibraltar  after  the  notification  of  the  rules  and  orders  in  question,  can- 
not be  required  to  depart. within  the  3d  rule. 

If  she  should  have  made  use,  or  shall  hereafter  make  use,  of  the  port 
or  territorial  waters  of  Gibraltar  as  a  station  or  place  of  resort  for  any 
warlike  purposes,  (such  as  for  the  purpose  of  making,  or  cruising  with 
intent  to  make,  hostile  captures  of  ships,)  she  may  be  ordered  by  the 
governor  to  depart,  under  Rule  2.  She  is  in  all  respects  subject  to 
Rule  4. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  20. 

Earl  Russell  to  Lord  Lyons. 

Foreign  Office,  February  14, 1862. 
My  Lord  :  I  inclose  for  your  lordship's  information  copies  of  cor- 
respondence, as  noted  in  the  margin,1  relative  to  the  proceedings  of  the 
confederate  steamer  Sumter  at  Gibraltar, 
lam,  &c, 
(Signed)  RUSSELL. 


No.  21. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 

[Immediate.] 

Admiralty, 
February  18,  1362.     (Received  February  18.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  acquaint  you,  for  the  information  of  Earl  Russell,  that  the  following 
telegram,  dated  this  day,  has  been  received  from  Captain  Patey,  at 
Southampton,  viz: 

Packet  Ceylon,  from  Gibraltar,  reports  Sumter  and  Tuscarora  both 
at  that  place  on  the  13th  instant. 
I  am,  &c, 
x (Signed)  W.  G.  ROMA1NE. 


No.  22. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 
February  19,  1862.     (Received  February  19.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Her  Majesty's  secretary  of 

1  Nos.  12,  13,  15,  16,  and  19. 


46  TREATY    OF    WASHINGTON. 

state  for  foreign  affairs,  a  copy  of  a  letter,  dated  the  13th  instant, 
from  Captain  Warden,  at  Gibraltar,  with  copies  of  its  inclosures,  relative 
to  supplying  the  confederate  vessel  Sumter  with  coals. 

I  am,  &c., 

(Signed)  W.  G.  KOMAINE. 


jl8[  *  [Inclosure  1  in  Xo.  22.] 

Captain  Warden  to  the  secretary  to  the  admiralty. 

Procris,  Gibraltar,  February  13,  1862. 
My  Lord  :  I  have  the  honor  to  inclose  to  your  lordships,  for  the  information  of  th  e 
lords  commissioners  of  the  admiralty,  the  copy  of  a  correspondence  between  Captain 
R.  Semmes,  of  the  Confederate  States  steam-vessel  Sumter,  and  myself  on  the  subject  of 
a  supply  of  coals  to  that  vessel. 
I  have,  &c, 
(Signed)  FRED.  WARDEN. 


[Inclusure  2  in  No.  22.]  , 

Commander  Semmes,  C.  S.  N.,  to  Captain  Warden. 

Confederate  States  Steamer  Sumter, 

Bay  of  Gibraltar,  February  10,  1862. 

Sir  :  I  have  the  honor  to  inform  you  that  I  have  made  every  effort  to  procure  a 
supply  of  coal  without  success.  The  British  and  other  merchants  of  Gibraltar, 
instigated,  I  learn,  by  the  United  States  consul,  have  entered  into  the  unneutral  com- 
bination of  declining  to  furnish  the  Sumter  with  coal  on  any  terms.  Under  these  cir- 
cumstances I  trust  that  the  government  of  Her  Majesty  will  find  no  difiiculty  in  supply- 
ing me. 

By  the  recent  letter  of  Earl  Russell,  (January  31,  1861,)  it  is  not  inconsistent  with 
neutrality  for  a  belligerent  to  supply  herself  with  coal  in  a  British  port.  In  other 
words,  the  article  has  been  pronounced,  like  provisions,  innoxious ;  and  this  being  the 
case,  it  can  make  no  difference  whether  it  be  supplied  by  the  government  or  an  indi- 
vidual, (the  government  being  reimbursed  the  expense,)  and  this  even  though  the  market 
was  open  to  me — much  more,  then,  may  the  government  supply  me  with  an  innocent 
article,  the  market  not  being  open  to  me.  Suppose  I  had  come  into  port  destitute  of 
provisions,  and  the  same  illegal  combination  had  shut  me  out  from  the  market,  would 
the  British  government  permit  my  crew  to  starve  ?  Or  suppose  I  had  been  a  sail-ship 
and  had  come  in  dismantled,  and  the  dock-yard  was  the  only  place  where  I  could  be 
refitted,  would  you  have  denied  me  a  mast ;  and  if  you  would  not  deny  me  a  mast,  on 
what  principle  would  you  deny  me  coal,  both  articles  being  declared  by  your  govern- 
ment to  be  innocent  ?  The  true  criterion  is  not  whether  the  government  or  an  indi- 
vidual may  supply  the  article,  but  whether  the  article  itself  is  noxious  or  innoxious. 
The  government  may  not  supply  me  with  powder — why  ?  Not  because  I  may  have 
recourse  to  the  market,  but  because  the  article  is  noxious.  A  case  in  point  occurred 
when  I  was  in  Cadiz  recently.  My  ship  wa£  admitted  into  a  government  dock  and 
there  repaired — and  why  ?  First,  because  the  repairs  were  innocent ;  and  secondly, 
because  there  were  no  private  docks  in  Cadiz. 

So  here  the  article  is  innocent,  and  there  is  none  in  the  market,  (accessible  to  me.) 
Why  may  not  the  government  supply  me  ? 

In  conclusion,  I  respectfully  request  that  you  will  supply  me  with  150  tons  of  coal, 
for  which  I  will  pay  the  cash,  or  if  you  prefer  it  I  will  deposit  the  money  with  an 
agent,  who  can  have  no  difiiculty,  I  suppose,  in  purchasing  the  same  amount  of  the 
material  from  some  one  of  the  hulks  and  returning  it  to  Her  Majesty's  dock-yard. 
I  have,  &c, 
(Signed)  R.  SEMMES. 


BRITISH    CASE    AND    PAPERS.  47 

[Inclosure  3  in  No.  22.  J 

Captain  Warden  to  Commands  Semmes. 

-Cuckoo,  Gibraltar,  February  10,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  this  day's  date, 
requesting  to  be  supplied  with  150  tons  of  coals  from  the  government  stores,  in  con- 
sequence of  your  being  unable  to  obtain  them  in  the  market,  in  consequence,  as  you 
believe,  of  a  combination  against  you  for  that  purpose,  and  to  inform  you,  in  reply, 

that  my  instructions  prohibit  me  from  supplying  the  foreign  men-of-war  of  any 
[19]    nation  with  coals,  *  either  by  purchase  or  otherwise,  from  the  government  depot 

as  long  as  there  are  any  in  the  market. 

I  have,  &c, 

(Signed)  FRED.  WARDEN. 


No.  23. 
Major  General  Sir  E.  Lugard  to  Mr.  Hammond. 

War  Office, 
February  21,  1862.     (Eeceived  February  21.) 
Sir  :  I  am  directed  by  the  secretary  of  state  for  war  to  transmit  to 
you,  for  the  information  of  Earl  Bussell,  the  accompanying  copy  of  a 
dispatch  from  Lieutenant  General  Sir  William  Codrington,  in  continua- 
tion of  his  previous  reports  respecting  the  proceedings  taken  in  regard 
to  the  Federal  and  confederate  steamers  lying  in  Gibraltar  waters. 
I  have,  &c, 
(Signed)  EDWARD  LUGARD. 

[Inclosure  1  in  No.  23.J 

Lieutenant  General  Sir  TV.  Codrington  to  Sir  G.  Lewis. 

Gilraltar,  February  12,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter,  with  its  inclosures, 
on  the  subject  of  enforcing  neutrality  in  English  waters,  between  Federal  and  confed- 
erate ships. 

2.  The  proper  notices  have  been  published  ;  a  separate  notice  has  this  day  been  sent 
to  the  confederate  steamer  Sumter,  and  a  similar  notice  was  sent  to  the  Federal  steamer 
Tuscarora  upon  her  anchoring  about  1  o'clock  to-day  in  Gibraltar. 

3.  I  inclose  copies  of  various  documents  which  have  passed  between  myself,  Captain 
Semmes  of  the  Sumter,  and  the  American  consul. 

4.  Before  receiving  my  letter  of  12th  instant,  Captain  Semmes  called  upon  me.  His 
object  was  to  press  upon  me  the  "  act  of  war,"  and  therefore  breach  of  neutrality  com- 
mitted in  tampering  with  his  men  ;  but  he  seemed  satisfied  to  a  certain  extent  when  I 
told  him  verbally  the  general  contents  of  the  consul's  answer,  and  his  positive  denial 
of  his  having  done  anything  of  the  kind.  Captain  Semmes  wished  me,  "  according  to 
custom,"  to  turn  his  men  who  had  deserted  outside  the  walls.  I  told  him  this  was  not 
the  rule  ;  it  was  the  exception,  and  as  long  as  they  conducted  themselves  properly  I 
should  decline  doing  so  harsh  an  act. 

5.  You  will  understand  the  tenor  of  our  conversation  by  the  terms  of  my  letter  of 
the  12th  instant,  which  I  gave  into  his  hands. 

6.  He  wished  to  obtain  from  me  an  assurance  that  the  Tuscarora  (whose  arrival  was 
announced  while  he  was  with  me)  would  be  prevented  by  force  from  following  him 
before  the  expiration  of  the  twenty-four  hours.  I  answered  that  I  could  give  him  no 
such  assurance  in  conversation  :  that  it  was  a  naval  question,  as  well  as  one  for  my 
decision,  but  that  I  was  quite  ready  to  give  him  a  written  answer  to  his  letter  of 
inquiry. 

7.  I  have  no  doubt,  however,  that  Captain  Warden,  R.  N.,  will  feel,  as  I  do,  that  the 
intention  of  Her  Majesty's  government  is  to  cause  that  rule  to  be  strictly  observed  by 
both  parties,  and  by  force,  if  necessary. 

(Signed)  W.  J.  CODRINGTON. 


48  TREATY    OF    WASHINGTON. 

[20]  *  [Inclosure  2  in  No.  23.] 

Commander  Semmes,  C.  S.  N.fto  Captain  Freeling. 

Confederate  Gun-Steamer  Sumter, 

Bay  of  Gibraltar,  February  10,  1862. 

Sir  :  I  have  the  honor  to  state,  for  the  information  of  his  excellency  the  governor  of 
Gibraltar,  that  I  am  informed  and  believe  that  the  United  States  consul  at  this  place 
has,  by  means  of  his  emissaries,  tampered  with  and  seduced  from  their  allegiance  sev- 
eral of  the  crew  of  my  ship  who  have  visited  the  shore  on  liberty.  The  impropriety 
and  illegality  of  such  conduct  are  so  manifest  that  I  take  it  for  granted  his  excellency 
will  interpose .  his  authority  for  my  protection.  Great  Britain  having  proclaimed  a 
strict  neutrality  in  the  war  now  pending  between  the  United  States  and  the  Confeder- 
ate States,  is  under  the  obligation,  I  respectfully  suggest,  not  only  to  abstain  herself 
from  an  unneutral  conduct,  but  to  see  that  all  persons  whatsoever  within  her  dominions 
so  abstain.  No  act  of  war,  proximate  or  remote,  should  be  tolerated  in  her  waters  by 
the  one  belligerent  against  the  other,  or  by  any  citizen  or  resident  against  either  bel- 
ligerent; his  excellency  will  doubtless  concur  with  me  in  the  justice  and  propriety  of 
the  rule  thus  stated.  To  apply  this  rule  to  the  present  case :  being  prompted  by  mo- 
tives of  humanity  to  send  my  crew  on  shore  in  small  detachments,  for  exercise  and 
recreation,  after  a  long  confinement  on  shipboard,  my  enemy,  the  United  States  con- 
sul, sends  his  agents  among  them,  and  by  specious  pretenses,  persuades  them  to  desert 
their  ship  and  take  refuge  under  his  consular  flag.  This  has  been  done  in  the  cases  of  the 
following  seamen,  viz  :  Everett  Salmon,  John  J.  Jenkins,  Thomas  F.  Penny,  and  per- 
haps others.  Here  is  an  act  of  war  perpetrated  against  me  in  neutral  territory,  and 
the  consular  residence  or  office  has  become,  quoad  hoc,  a  hostile  camp  ;  and  this  con- 
duct is  the  more  objectionable  in  that  the  nationality  of  most  of  the  men  is  not  Ameri- 
can. His  excellency,  as  a  soldier,  knows  that  no  crime  is  regarded  with  greater  detes- 
tation, in  the  present  civilized  age  of  the  world,  than  the  one  here  described.  As  be- 
tween contending  armies  in  the  field,  an  offender,  caught  in  the  perpetration  of  such 
an  act,  would  be  subjected  to  instant  death,  and  this  not  only  because  the  act  is  an  act 
of  war,  but  because  it  is  a  dishonorable  act  of  war;  and  can  an  enemy  make  use  of 
neutral  territory  to  do  that  which  would  subject  him  to  an  ignominious  death  if  he 
were  without  such  territory,  and  within  reach  of  the  opposite  belligerents  ?  When  my 
men  came  within  his  excellency's  jurisdiction  I  lose  all  control  over  them,  and  must 
rely  upon  his  comity  to  regain  possession  of  them.  If  they  leave  me  of  their  own  free 
will,  in  the  absence  of  the  recognition  of  my  government  and  of  treaty  stipulations, 
perhaps  I  have  no  remedy  ;  but  when  I  permit  them  to  go  on  shore  and  enter  the  juris- 
diction of  a  neutral  and  friendly  power,  I  do  so  with  the  just  expectation  that  they  will 
receive  the  shelter  and  protection  of  the  neutral  flag,  and  that  they  will  not  be  per- 
mitted to  be  run  off  by  my  enemy ;  and  to  wheedle  and  entice  a  sailor  from  his  ship, 
and  that,  too,  when,  perhaps,  he  is  half  drunk,  is  little  better  than  kidnaping  him. 

In  the  present  case  the  violation  of  the  neutral  jurisdiction  is  as  complete  as  if  the 
consul  had  seized  my  men  by  force,  for  he  has  accomplished  the  same  object,  to  wit, 
weakeniLg  his  enemy  by  strategem — a  strategem  practiced  by  one  belligerent  against 
another.  If  this  act  had  been  committed  by  a  military  or  naval  officer  of  the  enemy 
transiently  within  the  limits  of  Gibraltar,  every  one  would  have  been  surprised  at  it, 
and  would  have  exclaimed  against  it  as  a  flagrant  violation  of  the  laws  of  nations 
and  is  the  offense  of  less  magnitude  when  committed  by  a  consul,  who  is  peculiarly 
favored  by  the  laws  of  nations  as  an  officer  of  peace,  and  one  whose  pursuits  lie  wholly 
in  the  walks  of  commerce  ?  Mr.  Sprague,  the  United  States  consul,  is  a  gentleman 
whom  I  have  heard  favorably  spoken  of,  and  it  is  barely  possible  I  may  do  him  injus- 
tice, imputing  to  him  the  conduct  described  ;  but  the  evidence  comes  to  me  in  a  very 
satisfactory  shape,  and  I  shall  be  ready  to  produce  it  if  the  allegation  be  denied. 
Should  the  proof  be  made  out  to  his  excellency's  satisfaction,  1  shall  deem  it  my  duty 
to  request  that  the  consul  be  suspended  from  his  functions,  and  that  the  question  of 
withdrawing  his  exequatur  be  referred  to  the  British  government. 
I  have,  &c, 
(Signed)  R.  SEMMES. 


[21]  *  f  Inclosure  3  in  No.  23. J 

Captain  Freeling  to  Mr.  Sprague. 

Secretary's  Office,  Gibraltar,  February  10,  1862. 
Sir  :  I  am  directed  by  the  governor  to  inform  you  that  his  excellency  has  received  a 
letter  of  complaint  from  Captain  Semmes,  with  regard  to  your  conduct  as  United  States 
consul,  viz,  that  you  have,  by  means  of  your  emissaries,  tampered  with  and  seduced 


BRITISH    CASE   AND    PAPERS.  49 

from  their  allegiance  several  of  the  crew  of  the  Sumter,  who  have  visited  the  shore  on 
liberty. 

Captain  Semmes  particularly  refers  to  Everett  Salmon,  John  Jenkins,  and  Thomas 
Penny,  three  seamen  of  the  Snmter,  and  he  farther  states  that  you  have  persuaded 
some  of  his  men  to  take  refuge  under  your  consular  flag. 

Captain  Semmes  adds,  that  the  evidence  has  come  to  him  in  a  very  satisfactory 
shape,  and  that  he  will  be  ready  to  produce  it,  if  the  allegation  be  denied. 
The  governor  requests  you  will  give  me  information  on  these  points. 
I  have,  &c, 
(Signed)  S.  FREELING, 

Colonial  Secretary. 


[Inclosure  4  in  K"o.  23.] 

Mr.  Sprague  to  Captain  Freeling. 

Gibraltar,  February  11,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of  yester- 
day's date,  having  regard  to  a  letter  from  Captain  Semmes,  of  the  steamer  Sumter,  to 
his  excellency  the  governor,  complaining,  as  you  inform  me,  of  my  conduct  as  United 
States  consul,  and  stating  that  I  have,  by  means  of  emissaries,  tampered  with  and 
seduced  from  their  allegiance  several  of  the  crew  of  the  Sumter  who  have  visited  the 
shore  on  liberty,  and,  further,  that  I  have  persuaded  some  of  the  men  of  the  Sumter  to 
take  refuge  under  the  flag  of  the  consulate. 

In  reply,  I  beg  to  lay  before  you  the  following  statement  of  facts,  having  particular 
reference  to  the  three  seamen  whose  names  are  mentioned  in  your  letter. 

On  or  before  the  7th  instant  a  seaman  belonging  to  the  Sumter,  by  name  John  Jen- 
kins, presented  himself  at  this  consulate  in  an  intoxicated  state  ;  he  inquired  for  the 
American  consul,  and  as  I  was  present  he  claimed  my  protection  as  an  American  citi- 
zen, stating  to  me  that  he  and  many  others  were  being  forced  to  return  on  board  the 
Sumter ;  that  he  preferred  to  die  rather  than  return  on  board  ;  that  he  was  a  Cape 
Cod  man,  and  wished  to  go  back  to  his  native  place.  I  replied  by  telJing  him  to  go 
away  and  get  sober,  and  that  I  would  speak  to  him  later.  Upon  this  he  left  the  con- 
sulate, and  I  immediately  honored  myself  by  calling  upon  the  governor,  accompanied, 
as  you  will  doubtless  recollect,  by  yourself.  I  then  informed  his  excellency  of  what 
had  been  stated  to  me  by  Jenkins,  and  which  I  have  above  detailed,  and  his  excellency 
the  governor  thereupon  promised  that  the  seamen  of  the  Sumter  should  not  be  ill- 
treated,  or  forced  on  board  against  their  will  ;  that  he  would  not  permit  the  neutrality 
of  this  port  to  be  violated,  aud  that  he  would  give  his  orders  accordingly. 

On  the  7th  instant  two  other  seamen  from  the  Sumter  presented  themselves  at  this 
consulate,  one  of  them,  I  think,  named  Thomas  Penny,  and  finding  me  there,  also 
claimed  my  protection,  stating  that  they  belonged  to  the  city  of  New  York.  I  instantly 
sent  for  a  policeman,  and  requested  him  to  take  these  seamen  before  the  police  magis- 
trate, with  a  note  from  me,  (of  which  I  beg  to  inclose  a  copy,)  with  which  request  the 
policeman  complied.  I  am  not  aware  of  what  took  place  before  the  magistrate  with 
respect  to  these  seamen.  In  about  two  hours  a  policeman  came  to  this  consulate,  and 
in  the  name  of  the  police  magistrate  brought  to  me  another  seaman  belonging  to  the 
Sumter,  called  Everett  Salmon,  who  had  his  face  frightfully  bruised,  and  who  likewise 
claimed  my  protection  as  an  American,  aud  desired  to  be  sent  to  his  home.  I  imme- 
diately sent  this  man  away,  advising  him  to  have  his  injuries  attended  to,  and  to  con- 
duct himself  steadily  and  quietly. 

Since  the  above  occurrences,  I  have  had  daily  applications  at  this  consulate  from 
seamen  of  the  Sumter  claiming  protection,  and  in  all  cases  desiring  to  be  sent  to  their 
homes,  and  in  every  instance  I  have  sent  them  to  the  police  office,  there  to  prefer  their 
complaints,  (if  any,)  or  to  relate  their  cases,  and  I  have  at  the  same  time  informed 
[22]     them  that  *this  being  a  neutral  port,  I  could  not  become  security  for  their  resi- 
dence here,  or  at  the  present  moment  take  steps  for  sending  them  to  America. 
Beyond  what  is   above  stated,  and  always  recommending  them,  on  the  occasions 
referred  to)  of  their  visits  to  this  consulate,  peaceable   conduct  in  the  town,  I  have 
never  had,  or  indeed  desired  to  have,  any  communication,  directly  or  indirectly,  with 
the  crew  of  the  Sumter,  their  coming  to  me  and  absence  from  their  vessel  being  purely 
voluntary,  and  wholly,  to  the  best  of  my  knowledge,  unconnected  with  persuasion  of 
any  kind. 

I  trust  that  the  above  statement  will  alone  relieve  me  from  any  suspicions  that  his 
excellency  the  governor  might  entertain  as  to  the  possibility  of  my  acting  or  desiring 
to  act  in  the  manner  pointed  out  by  Captain  Semmes  ;  but  if  this  should  not  be  the 
case,  then  I  would  respectfully  solicit  from  his  excellency  that  he  will  do  me  the  jus- 
tice to  cause  each  one  of  the  seamen  in  question  to  be  examined,  and  thereby  satisfy 
himself  that  as  the  representative  at  this  port  of  the  United  States  of  America,  I  have 

H.  Ex.  282,  vol.  ii 4 


50  TREATY    OF   WASHINGTON. 

acted  in  a  position  which  is  not  devoid  of  difficulty  as  honorably  and  judiciously  as  the 
circumstances  of  the  case  could  warrant. 

I  have,  &c, 

(Signed)  HORATIO  SPRAGUE, 

United  States  Consul. 


[Inclosure  5  in  No.  23.  ] 
Captain  Freeling  to  Captain  Semmes,  C.  S.  N. 

Secretary's  Office,  Gibraltar,  February  12,  1862. 

Sir  :  I  am  directed  by  the  governor  to  acknowledge  the  receipt  of  your  letter  of  the 
10th  instant,  in  which  you  complain  of  the  conduct  of  the  United  States  consul  in  tam- 
pering with  and  seducing  from  their  allegiance  some  men  of  the  Sumter,  persuading 
them  to  take  refuge  under  his  consular  flag,  after  you  had,  from  motives  of  humanity, 
sent  them  on  shore  in  small  detachments  for  exercise  and  recreation. 

The  governor  has  to  remark  that  the  prevention  of  any  such  act,  if  it  has  taken 
place,  was,  and  for  the  future  is,  in  your  own  hands,  viz,  by  keeping  your  crew  on 
board  your  ship  and  in  your  own  power.  If  you  willingly  send  your  people  out  of 
your  jurisdiction  into  a  neutral  jurisdiction,  the  neutral  authority  cannot  be  called 
upon  to  do  police  duty  for  you  to  regain  possession  of  your  men,  unless  under  a  treaty 
obligation  between  the  nations.  You  have  indeed  correctly  described  your  position  by 
your  own  words,  "  If  they  leave  me  of  their  own  free  will,  in  the  absence  of  the  recog- 
nition of  my  government  and  of  treaty  stipulation,  perhaps  I  have  no  remedy." 

I  have  to  inform  you  that  the  shelter  and  protection  of  the  neutral  flag  which  you 
claim  cannot  be  for  one  side  of  the  question  only.  This  same  shelter  and  protection  is 
afforded  to  all  individuals  of  your  ship,  and  of  any  other  ship,  when  on  shore,  and  vol- 
untarily placing  themselves  under  the  authority  of  the  neutia1  flag.  The  police  mag- 
istrate has,  by  his  excellency's  desire,  personally  seen  these  men,  and  they  declare  that 
they  remain  here  entirely  of  their  own  free-will.  In  the  absence  of  any  crime  on  their 
part  rendering  expulsion  from  the  garrison  necessary,  the  governor  must  decline  forc- 
ing these  men  against  their  consent  to  return  to  the  Sumter. 

The  governor  has  to  inform  you  that  there  is  no  refuge  under  the  consular  flag  of 
any  nation  in  Gibraltar,  as  against  crimes  legally  cognizable ;  no  coercion  has  been  ex- 
excised  to  present  the  return  to  you  of  these  men  whom  the  United  States  consul  has 
always  sent  to  the  police  magistrate,  and  not  retained  in  his  consulate,  although  they 
had  claimed  his  protection.  The  governor  disagrees  with  your  statement  that  "  an 
act  of  war  has  been  thus  perpetrated  against  you  in  neutral  territory,"  nor  can  he  un- 
derstand any  right  of  claiming  such  notice  and  punishment  of  acts  in  a  neutral  terri- 
tory as  might  possibly  be  crimes  between  contending  armies  in  the  field. 

There  are  many  intricate  questions  connected  with  the  state  of  warfare  between  the 
Federal  and  Confederate  States  of  America.  The  presence  of  the  Sumter  in  Gibraltar 
rpight  be  followed  or  accompanied  by  the  presence  of  Federal  ships  of  war  in  this  port, 
and  to  both  parties  the  governor  will  insist  equally  upon  such  neutrality  toward  each 
other  while  in  this  port  as  is  recognized  by  law.  While  the  assistance  given  to  an 
American  seaman  by  the  consul  of  the  United  States  in  this  garrison  might  be  regarded 
by  you  as  a  hostile  act,  yet  it  may  be  only  his  official  duty  toward  his  Government,  or 
even  an  act  of  humanity,  if  by  quitting  your  ship  he  is  left  in  a  state  of  distress  in  a 
foreign  country, 

I  have,  &c,  » 

(Signed)  ,  S.  FREELING, 

Colonial  Secretary. 


[23]  *  [Inclosure  6  in  No.  23.] 

Captain  Freeling  to  Captain  Semmes,  C.  S.  N. 

Secretary's  Office,  Gibraltar,  February  12,  1862. 
Sir  :  I  have  the  honor  to  inclose,  for  your  information,  a  copy  of  instructions  that 
have  been  received  by  the  governor  of  Gibraltar  for  his  guidance  during  the  existing 
hostilities  between  the  United  States  and  the  States  calling  themselves  Confederate 
States  of  America. 

His  excellency  desires  me  to  inform  you  that  the  rules  laid  down  will  be  strictly  en- 
forced in  this  garrison  and  territory. 
I  have,  &c, 
(Signed)  S.  FREELING, 

Colonial  Secretary. 


BRITISH   CASE   AND    PAPERS.  51 

[Inclosure  7  in  No.  23.] 
Captain  Freeling  to  Commander  Craven,  U.  S.  2T. 

Secretary's  Office,  Gibraltar,  February  12,  1862. 

Sir  :  I  am  directed  by  Ms  excellency  the  governor  of  Gibraltar  to  inclose  an  official 
copy  of  rules  laid  down  with  regard  to  tbe  belligerent  vessels  entering  this  port. 

These  rules  are  a  confirmation  of  those  which  had  previously  been  imposed  upon  and 
observed  by  the  commander  of  the  confederate  steamer  Sumter,  by  a  letter  dated  28th 
ultimo,  an  extract  from  which  is  as  follows  : 

"You  are  aware  of  the  determination  of  Her  Majesty's  government  to  maintain  the 
strictest  neutrality  in  the  hostilities  which  are  now  being  carried  on  between  the 
United  and  Confederate  States  of  North  America.  In  order  to  cause  that  neutrality 
to  be  effectually  respected  throughout  the  Queen's  dominions,  Her  Majesty  has  directed 
(in  accordance  with  a  long-established  European  practice)  that  no  ship  of  war,  priva- 
teer, or  other  armed  vessel  belonging  to  either  of  the  belligerents  which  shall  anchor 
in  any  British  port  shall  be  allowed  to  quit  her  anchorage  within  twenty-four  hours 
after  any  vessel  belonging  to  the  adverse  belligerent,  whether  armed  or  unarmed,  shall 
have  left  the  same  port. 

"  In  order  to  give  effect  to  Her  Majesty's  orders,  I  am  to  desire  that,  on  the  arrival 
of  any  such  armed  vessel  in  any  port  or  roadstead  within  your  government,  you  will 
notify  this  rule  to  her  commander,  and  will  inform  him  that  in  case  he  should  infringe 
it  his  government  will  be  held  responsible  by  that  of  Great  Britain  for  violating  the 
neutrality  of  British  waters." 

I  forward  this  extract  in  order  that  there  shall  be  no  misunderstanding  as  to  this 
rule  being  in  force  at  once  at  Gibraltar. 

It  is  necessary  to  inform  you  that  any  act  of  hostility  attempted  within  the  jurisdic- 
tion of  Gibraltar  will  be  at  once  prevented  by  all  the  means  at  the  disposal  of  English 
authority. 

It  would  be  agreeable  to  the  governor  to  know  that  your  understanding  of  the  obli- 
gations of  international  law  is  similar  to  that  herein  laid  down,  and  that  you  will  act 
accordingly,  in  which  case  he  would  repose  full  confidence  in  you,  as  he  has  in  others, 
that  the  neutrality  of  this  port  would  not  be  infringed. 

The  governor  communicated  on  the  6th  instant  to  the  commander  of  the  Sumter  his 
desire  that  no  person  under  the  rank  of  an  officer  should  land  or  be  sent  to  the  water- 
port  or  other  parts  of  this  fortress  armed,  and  he  requests  you  will  give  similar  orders 
to  those  under  your  command. 
I  have,  &c, 
(Signed)  S.  FREELING, 

Colonial  Secretary. 


[24]  (  *  [Inclosure  8  in  No.  23.] 

Commander  Craven,  U.  S.  N.,  to  Captain  Freeling. 

United  States  Steamer  Tuscarora, 

Gibraltar  Bay,  February  13,  1862. 
Sir  :  1  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of  the  12th 
instant,  inclosing  a  copy  of  the  rules  respecting  belligerents. 

His  excellency  the  governor  may  be  assured  that  it  is  my  intention  to  comply  with 
all  the  requirements  of  British  neutrality.  f 

I  have,  &c, 
(Signed)  J.  A.  CRAVEN; 


]STo.  24. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  February  21, 1862. 

Sir  :   With  reference  to  your  letter  of  the  19th  instant,  inclosing 

copies  of  a  correspondence  which  has  passed  between  Captain  Warden,  the 

senior  naval  officer  at  Gibraltar,  and  the  commander  of  the  confederate 

steamer  Sumter,  relative  to  supplying  that  vessel  with  coals,  I  am  di- 


52  TREATY   OF   WASHINGTON. 

rected  by  Earl  Eussell  to  request  that  you  will  state  to  the  lords  com- 
missioners of  the  admiralty  that  his  lordship  is  of  opinion  that  Captain 
Warden's  conduct  in  the  matter  should  be  approved. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  25. 

Major  General  Sir  JEJ.  Lugard  to  Mr.  Hammond. 

War  Office,  February  21, 1862.  (Eeceived  February  21.) 
Sir  :  With  reference  to  my  letter  of  the  11th  and  your  reply  of  the 
14th  instant,  respecting  a  question  which  had  been  raised  by  the  gov- 
ernor of  Gibraltar  in  regard  to  the  application,  in  the  case  of  the  con- 
federate steamer  Sumter,  of  the  instructions  recently  issued  to  him  on 
matters  connected  with  the  hostilities  now  being  carried  on  in  North 
America,  I  am  directed  by  the  secretary  of  state  for  war  to  transmit  to 
you,  for  the  consideration  of  Earl  Eussell,  the  inclosed  copy  of  a  further 
dispatch  which  has  been  received  from  Sir  William  Codrington  on  this 
subject. 

I  have,  &c, 

(Signed)  EDWAED  LUGAED. 


[Inclosure  in  No.  25.] 
Lieutenant  General  Sir  TV.  Codrington  to  Sir  G.  Lewis. 

Gibraltar,  February  13,  1862. 
Sir  :  1.  The  question  referred  to  in  my  telegram  of  the  10th  instant  arises  from  the 
following  consideration  of  the  instructions  of  Earl  Russell  of  the  31st  January,  1862. 

2.  After  laying  down  stringent  and  exceptional  rules  relating  to  the  presence  of  bel- 
ligerent vessels  in  the  Bahamas,  near  the  seat  of  war  between  the  belligerents,  these 
instructions  in  the  third  paragraph  refer  to  the  colonies  and  other  provinces  of  Great 
Britain,  including,  of  course,  Gibraltar. 

3.  They  mention  belligerents  who  shall  enter  English  ports  after  a  particular  notifi- 
cation has  been  made ;  and  they  further  direct  that  the  notifid&tion  shall  not  be  in 
force  for  a  period  of  six  days  after  publication.  The  instructions  arrived  here  on  the 
10th  instant,  and  were  published  on  the  11th  instaut.  The  Sumter  had  anchored  in 
Gibraltar  on  the  18th  January  last,  three  weeks  previously,  and  has  remained  quiet  up 

to  this  date,  with  no  attempt  at  any  breach  of  neutrality  by  ship  or  crew. 
[25]     *4.  The  Tuscarora  arrived  here  on  the  12th  instant,  before  the  expiration  of  the 

six  days'  notice  published  on  the  11th,  but  which  are  not  to  come  in  force  until  the 
18th  instant. 

5.  The  question  therefore  is,  whether  both  the  Sumter  and  Tuscarora,  not  having 
entered  the  port  after  the  notification  has  become  effective,  viz,  after  six  days'  notice, 
are  to  be  ordered  off  within  twenty-four  hours,  and  not  allowed  to  receive  coal  from 
private  individuals,  except  under  the  restrictions  laid  down  in  the  fourth  paragraph. 

6.  Until  I  receive  different  instructions  my  understanding  is  that  these  two  vessels 
do  not  come  under  the  operation  of  the  instructions  of  Earl  Russell,  dated  the  31st 
January,  lft62. 

7.  You  will,  however,  have  seen  by  the  correspondence  inclosed  to  you  in  other  dis- 
patches, that  the  maintenance  of  international  law,  as  understood  before  the  receipt 
of  these  instructions,  will  be  enforced  upon  both  belligerents. 

7.  Mr.  Sprague,  the  consul  for  the  United  States  in  this  city,  has  just  informed  me 
that  the  Tuscarora  is  going  across  the  bay  to  Algeciras  immediately,  there  to  coal. 
I  have.  &c., 
(Signed)  W.  J.  CODRINGTON. 


BRITISH    CASE   AND    PAPERS.  53 

No.*  26. 

Mr.  Hammond  to  Major  General  Sir  E.  Lugard. 

Foreign  Office,  February  24, 1862. 
Sir  :  With  reference  to  your  letter  of  the  21st  instant,  I  am  directed 
by  Earl  Kussell  to  request  that  you  will  inform  Secretary  Sir  G.  O.Lewis 
that  his  lordship  concurs  in  the  view  taken  by  the  governor  of  Gibraltar 
with  regard  to  the  application  in  the  case  of  the  United  States  steam- 
ship Tuscarora,  and  the  confederate  vessel  Sumter,  of  the  rules  recently 
promulgated  with  regard  to  the  presence  of  belligerent  vessels  in  Brit- 
ish ports. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  27. 

Mr,  Drummond-Hay  to  Earl  Russell. 

Tangier, 
February  20, 1862.     (Received  March  3.) 

My  Lord  :  There  arrived  here  yesterday  from  Gibraltar,  on  board  a 
French  merchant-steamer  bound  to  Cadiz,  Lisbon,  and  Nantes,  an  officer 
of  the  confederate  steamer  Sumter,  named,  I  believe,  Myers,  and  Mr. 
Tonsall,  late  consul  for  the  United  States  at  Cadiz,  who,  it  appears  was 
removed  from  that  post  in  consequence  of  his  belonging  to  the  seces- 
sionist party.  These  gentlemen,  I  understand,  were  booked  as  passen- 
gers for  Cadiz  or  Lisbon,  whither,  it  is  reported,  they  intended  to  pro- 
ceed to  purchase  coal  for  the  Sumter.  They  landed  here  to  see  the 
town,  ignoring  that  the  United  States  consul,  as  indeed  the  consular 
officers  of  every  nation  in  Morocco,  have  the  right  of  exercising  juris- 
diction over  the  citizens  or  subjects  of  their  respective  nations,  and  of 
requiring  the  Moorish  government,  when  it  is  necessary,  to  aid  in  their 
arrest. 

M.  de  Long,  the  United  States  consul,  on  hearing  of  the  arrival  of 
these  secessionist  gentlemen,  sent,  as  I  am  told,  a  message  to  the  gov- 
ernor of  the  town  to  request  that  some  Moorish  soldiers  should  be  placed 
at  his  disposition,  to  arrest  certain  United  States  citizens.  The  governor 
acceded  to  his  request,  and  Mr.  Tonsall  and  Mr.  Myers  were  arrested 
and  conveyed  to  the  United  States  consulate,  where,  I  understand,  they 
have  been  placed  in  irons. 

After  the  arrest,  the  French  acting  consul,  M.  Pelissier,  called  on  me 
and  informed  me  he  had  received  a  message  from  Mr.  Tonsall,  with 
whom  he  is  acquainted,  requesting  an  interview,  and  M.  Pelissier  asked 
me  what  course  I  should  pursue  if  these  prisoners  should  apply  to  me 
for  protection.  I  replied  that  I  should  not  interfere  in  any  way  in  such 
a  matter. 

This  morning  Mr.  Doston,  an  English  medical  man,  who  is  a  resident 

in  Tangier,  called  on  me,  bringing  a  message  from  the  gentlemen 

[26]      under  arrest  at  the  United  States  ^consulate,  that  they  wished  to 

see  me.    I  replied  that,  as  I  could  not  be  of  the  slightest  service 

to  them,  I  must  decline  acceding  to  their  request. 

To  prevent  any  misinterpretation  of  my  conduct  on  the  part  of  my 
United   States  colleague,  I  took  an  opportunity  of  mentioning  to  him 


54  TREATY    OF   WASHINGTON. 

what  had  passed,  and  though  he  offered,  if  I  desired  it,  to  allow  me  to 
visit  his  prisoners,  I  declined. 

It  appears  M.  Pelissier  paid  the  prisoners  a  visit,  with  the  consent  of 
M.  de  Long. 

M.  de  Long  informed  me  he  had  sent  for  the  United  States  ship 
<Tnscarora,  which  is  now  at  Gibraltar,  to  embark  the  prisoners. 
I  have,  &c, 
(Signed)  J.  DRUMMOND-HAY. 


No.  28. 
Major  General  Sir  H.  Lugard  to  Mr.  Hammond. 

[Immediate.]  > 

War  Office, 
March  3, 1862.    (Received  March  3.) 
Sir  :  I  am  directed  by  the  secretary  of  state  for  war  to  request  that 
you  will  acquaint  Earl  Russell  that  the  following  telegram  has  been  re- 
ceived from  Lieutenant  General  Sir  William  Oodrington,  dated  Gibraltar, 
1st  March,  5.20  p.  m. : 

An  officer  of  the  Sumter,  and  a  southern  ex-consul,  landed  from  a  French  steamer  at 
Tangier,  were  seized  and  imprisoned  by  American  consul  in  consulate. 

An  American  ship  of  war  in  Tangier  landed  thirty  armed  crew,  went  to  the  con- 
sulate, and  prisoners  were  forced  on  board  with  the  acquiescence,  though  reluctant,  of 
the  Moorish  authority. 

If  American  ship  of  war  enters  Gibraltar,  can  she  keep  these  prisoners  in  an  English 
harbor,  or  must  they  be  released  ? 

Sir  George  Lewis  will  be  glad  to  be  informed  of  the  answer  which,  in 
Earl  Russell's  opinion,  should  be  returned  to  this  inquiry. 
I  have,  &c, 
(Signed)  EDWARD  LUGARD. 


No.  29. 

Mr,  Hammond  to  the  laiv-officers  of  the  Crown. 

Foreign  Office,  March  3, 1862. 
Gentlemen  :  In  connection  with  a  recent  occurence  in  Morocco,  the 
particulars  of  which  are  stated  in  the  inclosed  copy  of  a  dispatch  from 
Her  Majesty's  minister  in  that  country,1  the  governor  of  Gibraltar  has 
put  the  following  question  to  the  secretary  of  state  for  war : 

"If  an  American  ship  of  war  enters  Gibraltar,  can  she  keep  in  an 
English  harbor  the  prisoners  whom  she  may  have  on  board,  or  must 
they  be  released  ?  " 

I  am  to  request  that  you  will  take  this  question  into  your  considera- 
tion, and  report  to  Lord  Russell  at  your  earliest  convenience  your 
opinion  as  to  the  terms  in  which  it  must  be  answered. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


1  No.  27. 


BRITISH    CASE    AND    PAPERS.  55 

Xo.  30. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 
[Immediate.] 

Admiralty, 
March  7, 1862.    (Received  March  7.) 
Sir  :  I  am  commanded  by  my  lord's  commissioners  of  the  admiralty 
to  transmit  herewith,  for  the  information  of  Earl  Russell,  a  copy 
[271      of  a  letter  dated  the  26th  ultimo,  from  *  Captain  Warden,  the 
senior  officer  of  Her  Majesty's  ships  at  Gibraltar,  and  of  its  inclo- 
sures,  respecting  the  proceedings  of  the  Tuscarora  and  Sumter  at  that 
port. 

I  am,  &c, 

(Signed)  W.  G.  ROMALNE. 

P.  S. — My  lords  request  to  be  informed  what  instructions  should  be 
sent  to  Captain  Warden. 

W.  G.  R. 


[Inclosure  1  in  No.  30. J 
Captain  Warden  to  the  secretary  to  the  admiralty. 

Procris,  Gibraltar,  February  26,  1862. 

My  Lord  :  I  have  the  honor  to  transmit  to  your  lordship,  for  the  information  of  the 
lords  commissioners  of  the  admiralty,  copies  of  a  correspondence  which  has  taken  place 
on  subjects  connected  with  the  Sumter  and  Tuscarora,  and  which  were  communicated 
to  the  commander-in-chief  by  the  packet  of  the  26th  instant. 

The  first  is  a  letter  addressed  by  me  to  Captain  Semmes,  in  reply  to  various  queries 
submitted  by  him  for  the  consideration  of  his  excellency  the  governor  and  myself. 

No.  2  is  a  joint  letter  from  the  governor  and  myself  to  Captain  Craven  consequent 
upon  that  representation. 

No.  3  is  the  reply  of  Captain  Craven  addressed  to  the  governor. 

No.  4  is  a  second  joint  letter  from  the  governor  and  myself  to  Captain  Craven. 

I  also  annex  the  orders  under  which  Captain  Chads,  of  the  London,  is  acting  in  the 
bay,  as  well  as  the  supplementary  order  issued  to  him  and  the  other  ships,  in  connec- 
tion with  these  occurrences. 

The  two  additional  letters,  numbered  7  and  8,  are  communications  addressed  to  Com- 
mander Craven,  of  the  Tuscarora,  by  his  excellency  the  governor,  in  reply  to  letters 
received  from  him ;  they  do  not,  of  course,  come  properly  under  my  cognizance,  but  as 
the  governor  has  furnished  me  with  copies  for  the  purpose  of  making  this  use  of 
them,  I  append  them  for  their  lordship's  information,  in  elucidation  of  the  whole 
subject. 

I  have,  &c, 

(Signed)  '  FRED.  WARDEN. 


[Inclosure  2  in  No.  30.] 
Captain  Warden  to  Commander  Serhmes,  C.  S.  JV. 

Procris,  Gibraltar,  February  21,  1862. 

Sir  :  With  reference  to  the  conversation  which  you  held  with  me  on  the  19th  instantr 
and  the  various  points  that  you  then  submitted  to  me  for  the  joint  consideration  of  his 
excellency  the  governor  and  myself,  I  have  the  honor  to  inform  you — 

1st.  That  with  reference  to  signals  being  made  from  shipping  in  tne  bay,  the  gov- 
ernor has  issued  an  official  notification  in  the  Chronicle  on  that  subject. 

2d.  As  regards  your  complaint,  that  a  boat  belonging  to  the  Tuscarora  pulled  round 
the  Sumter  on  the  19th  instant,  Captain  Craven  has  been  requested  to  abstain  from 
sending  the  boats  of  his  ship  into  this  anchorage  so  long  as  the  Tuscarora  remains  in 
Spanish  waters. 

3d.  That  you  are  at  liberty  to  shift  your  berth  to  any  part  of  this  anchorage  which 


56  TREATY    OF   WASHINGTON. 

may  be  convenient  without  forfeiting  any  privilege  thereby  ;  I  request,  however,  before 
you  do  so,  that  you  will  be  good  enough  to  acquaint  the  captain  of  the  London  that 
you  intend  moving  only  for  that  purpose. 

And  lastly,  with  reference  to  any  notice  which  it  might  be  necessary  for  you  to  give 
before  quitting  the  bay,  I  have  only  to  remark  that  the  Sumter  is  free  to  depart  when- 
ever it  may  suit  you,  subject,  of  course,  always  to  the  rule,  that  it  must  not  take  place 
within  twenty-four  hours  of  the  sailing  of  any  American  merchant-vessel. 
I  am,  &c, 
(Signed)  FRED.  WARDEN. 


[28]  *[Inclosure  3  in  No.  30.] 

Lieutenant  General  Sir  W.  Codrington  and  Captain  Warden  to  Commander  Craven,  U.  S.  A7. 

Gibraltar,  February  20, 1862. 
Sir  :  A  boat  from  the  Tuscarora,  now  at  anchor  at  Algeciras,  came  across  the  bay 
yesterday  morning ;  Captain  Semmes  complains  that  she  pulled  round  the  Sumter  as 
if  watching  her. 

It  is  necessary  for  the  maintenance  of  the  neutrality  of  this  port  that  advantage 
should  not  be  taken  of  the  close  proximity  of  a  foreign  anchorage  (in  some  places  only 
two  and  a  half  miles  distant)  in  aid  of  any  warlike  purpose. 

Considering,  as  we  do,  that  the  presence  of  the  boat  represents  the  ship  herself,  we 
are  of  opinion  that  its  presence,  under  such  circumstances,  is  an  infringement  of  the 
rules  of  which  you  were  given  a  copy  on  the  12th  instant. 

We  have  therefore  to  request  that  you  will  be  good  enough  during  the  stay  of  the 
Tuscarora  in  the  Spanish  waters  of  this  bay  to  abstain  from  sending  your  boats  at  all 
into  these  waters. 
I  have,  &c, 

(Signed)  W.  J.  CODRINGTON. 

F.  WARDEN. 


[Inclosure  4  in  No.  30.] 

Commander  Craven,  U.S.N.,to  Lieutenant  General  Sir  W.  Codrington. 

United  States  steamship  Tuscarora,  off  Algeciras, 

February  20,  1862. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of  this 
day. 

The  complaint  of  the  captain  of  the  pirate  Sumter  is  without  a  shadow  of  truth. 

I  summoned  before  me  the  coxswain  of  the  boat,  and  in  presence  of  the  officer  who 
brought  me  your  letter  asked  him  as  to  the  course  he  steered  in  returning  from  Gib- 
raltar yesterday ;  he  replied  that  he  came  straight  across,  passing  somewhat  to  the 
southward  of  the  Warrior. 

The  boat  was  sent  over  on  business  for  the  ship,  and  from  the  course  taken  by  the 
officer  of  the  boat  I  know,  from  my  own  observation,  that  he  made  a  great  circuit  to 
the  southward;  the  officer  who  went  in  the- boat  has  not  returned. 

I  am  mortified,  sir,  in  thus  being  compelled  to  make  explanations  against  the  accusa- 
tions of  a  man  regardless  of  truth  and  honorable  sentiment. 

Your  request  that  I  will  not  send  boats  to  Gibraltar  deprives  me  of  sending  for  mails 
or  communicating  with  the  United  States  consul,  and  I  must  in  good  faith  inquire 
whether  it  is  right  that,  on  the  loose  accusation  of  a  notorious  corsair,  you  desire  to 
prohibit  me  from  intercourse  with  the  town  under  your  command. 

(Signed)  G.  AUGT.  CRAVEN. 


f  Inclosure  5  in  No.  30.] 
Lieutenant  General  Sir  W.  Codrington  and  Captain  Warden  to  Commander  Craven,  U.  S.  N. 

Gibraltar,  February  22,  1862. 
Sir  :  Notwithstanding  the  notice  which  you  received  on  the  20th  instant,  requesting 
you  to  abstain  from  sending  any  boat  at  all  belonging  to  the  Tuscarora  into  these 
waters  while  you  were  in  the  Spanish  waters  of  this  bay,  we  observe  that  your  launch, 
containing  three  officers,  passed  to  the  Waterport  this  morning  from  the  Tuscarora". 


BRITISH    CASE    AND     PAPERS.  57 

A  courteous  message  was  seut  to  the  officer  of  that  boat  when  at  the  Waterport,  by  a 
lieutenant  of  Her  Majesty's  ship  London,  requesting  him  to  withdraw  and  return  im- 
mediately to  his  own  ship,  which  he  did,  taking  however  a  quantity  of  supplies,  which, 
under  the  circumstances  in  which  the  Tuscarora  is  placed,  he  ought  not  to  have  done 
without  permission. 
This  occurrence  places  us  under  the  necessity  of  acquainting  you  that,  for  the  future, 
orders  will  be  given  to  the  officers  commanding  Her  Majesty's  ships  in  this 
1_29J    anchorage  to  ^prevent  any  boat  whatever  belonging  to  the  Tuscarora  from  re- 
peating this  breach  of  our  notice  conveyed  to  you  on  the  20th. 
This  order  does  not  prevent  your  communicating  with  your  consul,  or  with  the 
British  territory  generally,  inasmuch  as  there  is  a  daily  communication  by  means  of  a 
merchant-steamer,  and  the  regular  post  affords  the  necessary  opportunities  for  your 
correspondence. 

In  the  event  of  your  wishing  to  make  any  communication  to  us,  which  cannot  be 
trusted  to  other  means,  we  desire  that  the  approach  of  your  boats  be  limited  to  a  direct 
course  to  Her  Majesty's  ship  London,  now  at  anchor  in  the  north  part  of  the  harbor, 
the  captain  of  which  ship  will  transfer  your  communication  to  us. 
We  have,  &c, 

(Signed)  W.  J.  CODRINGTON, 

F.  WARDEN. 


[Inclosure  6  in  Iso.  30.] 

Orders  issued  to  Captain  Chads. 

By  Captain  F.  Warden,  C.  B.,  R.  N.,  and  senior  naval  officer  at  Gibraltar. 

Memo. 

Herewith  you  will  receive  a  copy  of  a  letter  from  Earl  Russell  to  the  lords  commis- 
sioners of  the  admiralty  on  the  subject  of  the  regulations  to  be  observed  by  the  ships 
of  war  of  the  United  States  and  of  the  Confederate  States  of  America,  on  the  occasion 
of  their  resorting  to  British  ports  and  possessions.  This  order  having  been  officially 
promulgated  by  his  excellency  the  governor  on  the  12th  instant,  came  into  full  force 
on  the  18th  instant,  and  they  apply  to  the  Tuscarora,  now  at  Algeciras,  and  to  every 
other  Federal  or  confederate  vessel  which  may  in  future  enter  Gibraltar,  and  as  it  will 
be  your  duty,  while  stationed  in  this  bay,  to  enforce  the  observance  of  the  same,  the 
following  remarks  are  appended  for  your  general  information  and  guidance. 

1st.  The  Sumter  having  arrived  here  on  the  18th  of  January  does  not  come  under  the 
first  part  of  Rule  3  ;  but  the  proviso  relating  to  the  interval  of  twenty-four  hours  does 
apply  to  the  Sumter.  • 

2d.  The  Rules  2  and  4  do  apply  to  the  Sumter. 

3d.  A  boat  from  the  Tuscarora,  now  at  anchor  at  Algeciras,  came  to  Gibraltar  on  the 
19th  instant,  and  rowed  about,  going  round  the  Sumter.  Captain  Craven,  of  that  ship 
has,  in  consequence,  been  requested  by  his  excellency  the  governor,  and  myself,  to 
abstain  from  sending  his  boats  to  this  anchorage,  so  long  as  the  Tuscarora  remains  in 
Spanish  waters.  Should  any  other  instance  occur  of  the  infringement  of  the  restric- 
tion thus  imposed  upon  him,  you  are  to  rep'ort  the  circumstance  to  me  immediately, 
sending  at  the  same  time  an  officer  with  a  courteous  message  to  the  boat,  informing 
that  it  is  not  permitted,  and  requesting  him  to  withdraw  at  once. 

4th.  Captain  Semmes,  of  the  Sumter,  has  been  informed  that  he  is  at  liberty  to  shift 
his  berth  to  any  part  of  the  anchorage,  but  I  have  requested  him,  before  he  does  so,  to 
notify  it  to  you,  in  order  that  you  may  be  able  to  distinguish  such  movement  from  a 
bona-jide  departure. 

5th.  No  person  is  to  be  permitted  to  supply  coal  from  the  shore,  or  from  any  vessel 
within  the  waters  of  Gibraltar,  without  the  written  permission  of  his  excellency  the 
governor  or  myself,  in  order  that  the  provisions  of  Rule  4  may  be  observed  by  us,  and 
enforced  upon  the  belligerents. 

And,  lastly,  the  captain  of  the  port  has  been  directed  by  the  governor  to  give  you 
immediate  notice  of  any  symptom  which  he  may  observe  of  an  intention  to  violate 
these  rules  and  regulations  by  either  party,  and  also  of  any  signals  being  made  in  con- 
travention of  the  notice  published  in  the  Chronicle  yesterday,  and  which  is  sent  to 
you  herewith. 

Given  under  my  hand  on  board  the  Procris,  this  21st  day  of  February,  1862. 

(Signed)  F.  WARDEN. 


58  TREATY    OF   WASHINGTON. 

[30]  *fInclosure  7  in  No.  30.]  «*$ 

Orders  addressed  to  Captain  Chads. 

Procris,  Gibraltar,  February  22,  1862. 
Memo. 

With  reference  to  the  orders  dated  21st  instant,  under  which  you  are  acting,  I  have 
to  acquaint  you  that  the  Tuscarora  having  sent  a  boat  to  the  Waterport  this  morning, 
and  taken  off  supplies  without  permission,  it  is  my  direction  that  the  boats  of  the 
London  are  held  in  a  state  of  constant  preparation  for  the  purpose  of  preventing  any 
boat  belonging  to  the  Tuscarora  from  passing  the  London  into  this  bay  at  all  so  long 
as  that  ship  remains  in  Spanish  waters. 

It  is  undesirable  that  force  should  be  used  unless  absolutely  necessary ;  but  force  is 
to  be  used  rather  than  permit  any  violation  of  the  rules  laid  down. 
Similar  orders  have  been  issued  to  the  Scylla  and  Amphion. 

(Signed)  FEED.  WARDEN, 

Captain  and  Senior  Naval  Officer. 


[Inclosure  8  in  No.  30.] 
Lieutenant  General  Sir  W.  Codrington  to  Commander  Craven,  U.  S.  N. 

Gibraltar,  February  21,  1862. 

Sir  :  I  have  to  acknowledge  the  receipt  of  your  letter  of  yesterday,  and  to  express 
my  regret  that  you  should  think  it  necessary  to  use  such  terms  in  your  correspondence 
with  me  as  the  "  captain  of  the  pirate  Sumter/'  "  notorious  corsair,"  and  "  a  man  re- 
gardless of  truth  or  honorable  sentiment." 

I  do  not  wish  unnecessarily  to  be  made  the  recipient  of  terms  of  abuse  leveled 
against  any  one,  still  less  against  an  officer  who,  in  his  written  and  personal  commu- 
nications with  me,  under  circumstances  of  annoyance  and  difficulty  to  himself,  has  not 
forgotten  what  is  due  to  his  own  position  and  to  the  position  of  those  with  whom  he 
was  in  correspondence. 

The  government  of  England  has  recognized  the  United  States  and  the  so-called  Con- 
federate States  of  America,  to  be  belligerents  with  belligerent  rights.  You  are  aware 
of  this  fact,  and  it  renders  your  terms  of  "  pirate"  and  "  notorious  corsair,"  applied  to 
a  confederate  vessel  in  this  anchorage,  incorrect  and  offensive  to  the  authority  thus 
granting  and  maintaining  the  rights  of  neutrality. 

You  have  not  touched  upon  the  main  ground  of  the  decision  of  Captain  Warden  and 
myself  as  to  your  boats  coming  into  Gibraltar  from  Algeciras,  viz,  that  they  are,  in 
law,  part  of  the  ship  itself;  and  that  their  presence  here,  coming  from  Spanish  waters 
close  to  Gibraltar,  is  an  infringement  of  rules  which  must  be  observed. 

With  regard  to  your  being  deprived  of  sending  for  mails  or  communicating  with  the 
United  States  consul  of  Gibraltar  while  you  are  at  Algeciras,  and  your  inquiry  as  to 
my  desire  to  prohibit  you  from  intercourse  with  tnis  place,  I  can  only  say  that  the 
decision  of  Captain  Warden  and  myself,  in  our  joint  letter  of  yesterday,  refers  only  to 
the  points  mentioned  in  that  letter  ;  the  use  of  this  anchorage  will  be  given  and  limit- 
ed to  both  belligerents  equally,  but  it  is  not  right  for  one  belligerent  to  obtain  for  his 
ship  the  advantage  of  absence  in  a  neighboring  foreign  port,  and  of  presence  at  the 
same  time  in  this  port,  by  means  of  his  boats. 

It  would  have  been  better  to  have  mad©  strict  inquiry  into  the  facts  as  to  the  course 
taken  by  your  boat  before  you  declared  the  complaint  to  be  "  without  a  shadow  of 
truth." 

I  have  to  inform  you  that  your  boat  did  not  pass  "  straight  across "  from  the 
waterport  to  you,  and  that  it  did  not  pass  "  somewhat  to  the  southward  of  the 
Warrior." 

Your  boat  went  out  of  the  straight  course  materially  ;  it  passed  to  the  east,  to  the 
north,  to  the  west,  and  pretty  close  to  the  Sumter ;  it  passed  north  and  west  of  the 
Samarang  port-vessel ;  afterward  between  the  Peninsular  and  Oriental  hulk  and  Her 
Majesty's  ship  Warrior,  going  to  the  north  of  the  Warrior  ;  these  facts  are  established 
by  English  officers  who  saw  your  boat. 

I  regret  the  necessity  of  having  thus  to  remark  upon  the  expressions  and  statements 
in  your  letter. 

Difficult  questions  arise  and  official  differences  may  take  place  under  the  painful 
circumstances  of  the  war  between  the  Northern  and  Southern  States  of  America ; 
[31]  but  it  "has  ever  been  and  still  will  be  a  pleasure  to  me  to  show  to  the  Navy  of 
the  United  States  the  consideration  and  hospitality  which  the  English  govern- 
ment wishes  to  afford  to  all  those  who  make  use  of  the  harbors  under  its  control. 
I  have,  &c, 
(Signed)  W  J.  CODRINGTON. 


BRITISH    CASE    AND    PAPERS.  5& 

[Inclosure  9  in  No.  30.] 
Lieutenant  General  Sir  W.  Codrington  to  Commander  Craven,  U.  S.  JV. 

Gibraltar,  February  22, 1862. 

Sir  :  I  have  to  acknowledge  the  receipt  of  your  letter  of  this  day's  date,  delivered  to 
me  by  one  of  the  officers  of  the  Tuscarora.  I  inquired  how  he  came  over ;  he  informed 
me  by  one  of  the  Tuscarora's  boats,  which,  after  the  joint  letter  from  Captain  Warden 
and  myself,  I  was  surprised  to  see  passing  into  these  waters. 

This  will  be  the  subject  of  a  separate  communication  to  you. 

You  state  that,  in  accordance  with  the  rules  which  I  had  communicated  to  you  on 
your  first  anchoring  in  Gibraltar,  you  "  promptly  departed  from  British  waters."  Yoo 
certainly  did  so,  and  entirely  by  your  own  free  will.  I  had  nothing  to  say  to  your  de- 
parture or  to  your  interpretation  of  the  rules  communicated  to  you. 

The  confederate  steamer  Sumter  remains  here  under  proper  authority,  and  I  decline 
to  discuss  with  you  the  rules  to  which  you  refer,  your  particular  interpretation  of  them, 
or  to  account  to  you  for  my  proceedings  under  them. 

In  reference  to  the  last  sentence  in  your  letter — I  quote  the  words — that  "  you  pro- 
test against  what  appears  to  be  a  departure  from  those  rules  which  require  neutrals 
(meaning,  I  presume,  the  English  government  and  myself,  as  governor  of  Gibraltar) 
should  be  impartial  and  honest." 

If  you  are  aware  of  the  effect  of  this  latter  epithet,  you  have  communicated  to  me 
for  the  English  government  a  direct  and  insulting  insinuation,  as  indecorous  for  yoi* 
to  have  written  as  it  is  improper  for  me  to  receive. 

If  you  are  not  aware  of  it,  it  is  right  for  me  to  show  you  the  effect  of  language 
which,  I  trust,  a  regard  for  your  own  position  will  prevent  you  from  repeating  in  your 
correspondence  with  me. 
I  have,  &c, 
(Signed)  W.  J.  CODRINGTON. 


So.  31. 

Major-  General  Sir  E.  Lugard  to  Mr.  Hammond. 

War  Office,  March  8, 1862.  (Eeceived  March  8.) 
Sir  :  I  am  directed  by  the  secretary  of '  state  for  war  to  transmit  to 
you,  for  the  information  of  Earl  Eussell,  a  copy  of  a  dispatch  from  Lieu- 
tenant General  Sir  William  Codrington,  forwarding  a  correspondence 
which  had  passed  between  himself  and  the  captain  of  the  United  States 
steamer  Tuscarora,  in  reference  to  the  course  pursued  by  the  latter  in 
sending  a  boat  into  Gibraltar  waters  to  watch  the  confederate  steamer 
Sumter. 

Sir  George  Lewis  requests  to  be  informed  whether  Earl  Eussell  con- 
siders that  the  conduct  of  Sir  William  Codrington  may  be  approved. 
I  have,  &c, 
(Signed)  EDWAED  LUGAED. 


[In closure  1  in  No.  31.] 

Lieutenant-General  Sir  W.  Codrington  to  Sir  G.  Lewis. 

Gibraltar,  February  22,  1862, 
.Sir  :  I  have  the  honor  to  inform  you  that,  in  consequence  of  a  conversation  with 
Captain  Warden,  senior  naval  officer,  had  with  Captain  Semmes,  of  the  Confed- 
[32]    erate  *  States  steamer  Sumter,  I  caused  a  notice  to  be  inserted  in  the  Gibraltar 
Chronicle,  of  which  the  following  is  an  extract : 
"  With  reference  to  the  neutrality  ordered  to  he  ohserved  in  British  possessions  be- 
tween the  United  States  and  the  States  calling  themselves  the  Confederate  States  of 
America,  notice  is  hereby  given  that  no  signals  are  to  be  made  communicating  to  one 
belligerent  the  proceedings  of  the  other." 

I  also,  in  conjunction  with  Captain  Warden,  addressed  a  letter  to  Captain  CraveD,. 


<60  TREATY    OF   WASHINGTON. 

of  the  United  States  steamer  Tuscarora,  a  copy  of  which  I  transmit,  together  with  that 
officer's  reply. 

Captain  Craven's  answer  was  couched  in  such  language  that  I  felt  it  my  duty  to 
comment  upon  it,  and  I  inclose  a  copy  of  my  letter. 

I  have,  &c, 

(Signed)  W.  J.  CODRINGTON. 


llnclosure  2  in  No.  31.] 

JLieutenant  General  Sir  W.  Codrington  and  Captain  Warden  to  Commander  Craven,  U.  S.  N. 

February  20, 1862.  - 

[See  inclosure  3  in  No.  30.] 


[Inclosure  3  in  No.  31.]  , 

Commander  Craven,  U.  S.  N.,  to  Lieutenant  General  Sir  W.  Codrington,  February  20,  1862 

[See  inclosure  4  in  No.  30.] 


[Inclosure  4  in  No.  31.] 
JLkutenant-General  Sir  W.  Codrington  to  Commander  Craven,  IJ.  S.  N.,  February  21,  1862. 

[See  inclosure  8  in  No.  30.] 


No.  32. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Doctors'  Commons, 
March  7, 1862.     (Eeceived  March  10.) 

My  Lord  :  We  were  honored  with  your  lordship's  commands,  signified 
in  Mr.  Hammond's  letter  of  the  3d  March  instant,  stating  that,  in  con- 
nection with  a  recent  occurrence  at  Morocco,  the  particulars  of  which 
are  stated  in  the  inclosed  copy  of  a  dispatch  from  Her  Majesty's  minis- 
ter in  that  country,  the  governor  of  Gibraltar  had  put  the  following 
question  to  the  secretary  of  state  of  war :  "  If  an  American  ship  of  war 
enters  Gibraltar  can  she  keep  in  an  English  harbor  the  prisoners  whom 
she  may  have  on  board,  or  must  they  be  released  V*  and  to  request 
tjiat  we  would  take  this  question  into  our  consideration,  and  report  to 
your  lordship,  at  our  earliest  convenience,  our  opinion  as  to  the  terms 
in  which  it  must  be  answered. 

In  obedience  to  your  lordship's  commands  we  have  taken  this  question 
into  consideration,  and  have  the  honor  to  report — 

That  the  question  of  the  governor  of  Gibraltar  must  be  answered  to 
the  effect  that  he  has  no  jurisdiction  or  power  to  liberate  prisoners  on 
l>oard  foreign  national  vessels  of  war  which  may  enter  or  be  in  the  port 
or  territorial  waters  of  Gibraltar. 

Foreign  ships  of  war,  even  when  in  the  ports  or  territorial  waters  of 
other  nations,  are  considered,  internationally,  as  extra-territorial ;  and 
by  the  law  and  usage  of  nations,  the  local  authorities  abstain  from  ex, 
ercising  any  jurisdiction  over  the  persons  who  may  be  on  board  of  them- 


BEITISH    CASE   AND    PAPERS.  61 

If  the  prisoners  were  landed  and  put  on  shore  it  would  be  otherwise. 
In  that  case,  they  could  not  anyilonger  be  detained  or  kept  as  prisoners* 
(Vattel.,  lib.  3,  cap.  7,  sect.  132.) 
We  have,  &c, 

(Signed)  J.  D.  HAEDING. 

WM.  ATHEETON. 
EOUNDELL  PALMEE. 


[33]  *No.  33. 

Mr.  Hammond  to  the  secretary  to  the  admiralty* 

Foreign  Office,  March  10,  1862: 
{Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  the  7th  instant,, 
requesting,  by  direction  of  the  lords  commissioners  of  the  admiralty^ 
to  be  informed  what  instructions  should  be  given  to  the  senior  naval 
officer  at  Gibraltar  with  reference  to  certain  proceedings  on  the  part  of 
the  United  States  ship  of  war  Tuscarora,  now  lying  at  Algeciras ;  and  I 
am  to  state  to  you,  in  reply,  that  Lord  Eussell  concludes  that  Sir 
George  C.  Lewis  will  send  to  the  governor  of  Gibraltar,  who  has  re^ 
ported  the  transaction  in  question  to  the  war  department,  such  in- 
structions as  he  may  see  fit  to  address  to  him,  in  conformity  with  Lord 
Eussell's  letter  of  the  31st  of  January. 

I  am,  &c, 

(Signed)  E.  HAMMONTX 


No.  31. 
Mr.  Hammond  to  Major- General  Sir  E.  Lugard. 

Foreign  Office,  March  10, 1862. 

Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  the  8th  instant^ 
inclosing  a  dispatch  from  the  governor  of  Gibraltar,  with  copies  of  a 
correspondence  in  which  he  has  been  engaged  with  the  captain  of  the 
United  States  steamer  Tuscarora,  lying  at  Algeciras,  and  requesting  to> 
be  informed  whether  Lord  Eussell  considers  that  the  governor's  con- 
duct may  be  approved. 

The  board  of  admiralty  have  communicated  to  this  office  copies  of 
the  same  correspondence,  together  with  other  papers  received  by 
them  from  the  senior  naval  officer  at  Gibraltar,  and  have  requested  to 
be  informed  what  instructions  should  be  given  to  that  officer. 

I  have  stated  to  the  board  of  admiralty,  by  Lord  Eussell's  direction,, 
that  his  lordship  concludes  that  Sir  George  C.  Lewis  will  send  to  the 
governor  of  Gibraltar  such  instructions  as  he  may  see  fit  to  address  to> 
him  in  conformity  with  Lord  Eussell's  letter  of  the  31st  of  January  ; 
and,  in  reply  to  your  present  letter,  I  am  to  request  that  you  will  ac- 
quaint Sir  George  Lewis  that  Lord  Eussell  considers  that  the  conduct 
of  the  governor  of  Gibraltar  is  to  be  viewed  with  reference  to  the 
statements  and  directions  in  that  letter. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


€2  TREATY   OF   WASHINGTON. 

i 

No.  35. 

Lieutenant- General  Sir  W,  Codrington  to  Earl  Russell. 

[Telegraphic] 

Gibraltar, 
March  14, 1862.     (Received  March  14.) 

Upon  inquiry  of  the  American  consul,  I  am  told  that  the  prisoners 
liave  not  been  given  up. 

The  United  States  ship  of  war  Ino  took  them  to  sea  and  transferred 
them  as  prisoners  to  an  American  merchant-ship  for  America.  The 
Ino  has  returned  to  Algeciras. 


No.  36. 

7 

Mr.  Mason  to  Earl  Russell. 
* 

109  Piccadilly,  London, 
March  15, 1862.     (Received  March  15.) 
My  Lord  :  I  have  the  honor  to  transmit  to  your  lordship  herewith 
copies  of  two  letters  addressed  to  me  by  Captain  Semmes,  of  the 
[34]      confederate  steamer  Sumter,  then  at  *  Gibraltar,  with  the  docu- 
ments accompanying  those  letters,  concerning  the  arrest  of  the 
paymaster  of  his  ship,  together  with  another  citizen  of  the  Confederate 
States,  by  the  Moorish  authorities  at  Tangier,  at  the  instigation  of  the 
consul  of  the  United  States  at  that  place. 

These  documents  contain  an  authentic  statement  of  the  facts  touching 
this  remarkable  occurrence,  and  I  am  induced  to  send  them  to  your 
lordship  because  of  the  late  inquiries  made  in  the  House  of  Commons 
concerning  this  affair,  and  the  answer  given  by  Mr.  Layard,  under- 
.  secretary  for  the  foreign  department. 

Captain  Semmes's  letter  to  me  of  March  3  shows  that  the  two  gentle- 
men so  arrested  have  not  been  released,  but,  on  the  contrary,  were,  on 
the  26th  February  ultimo,  handed  over  as  prisoners  to  the  com- 
mander of  the  United  States  sloop  of  war  Ino,  where  they  remained  at 
the  last  report. 

The  documents  herewith  are  in  their  order  as  follows : 

1.  Captain  Semmes  to  Mr.  Mason,  February  26, 1862. 

2.  Captain  Semmes  to  Captain  Freeling,  colonial  secretary,  February 
22,  1862. 

3.  Captain  Semmes  to  the  governor  of  Tangier,  February  23,  1862. 

4.  Mr.  J.  H.  Drummond-Hay  to  Captain  Semmes,  February  24,  1862. 

5.  Captain  Semmes  to  Mr.  Hay,  February  25, 1862. 

6.  Captain  Semmes  to  Mr.  Mason,  March  3,  1862. 

7.  Paymaster  Myers  to  Captain  Semmes,  February  25,  1862. 

I  have,  &c, 

(Signed)  J.  M.  MASON. 


[Inclosure  1  in  No.  36.] 


Confederate  States  Steamer  Sumter, 

Bay  of  Gibraltar,  February  26,  18G2. 
Sir  :  I  have  the  honor  to  inform  you  that,  since  the  date  of  my  last  letter  to  you, 


BEITISH    CASE    AND     PAPERS.  63 

the  facts  in  the  case  of  the  arrest  of  Paymaster  Myers  have  assumed  a  more  definite 
shape.    They  are  briefly  as  follows  : 

Upon  returning  to  the  French  packet-steamer  lying  in  the  Bay  of  Tangiers,  he  was 
arrested  by  Moorish  soldiers,  upon  the  requisition  of  the'United  States  consul,  who 
claimed  jurisdiction  over  him  as  a  citizen  of  the  United  States  under  a  treaty  with 
Morocco.  In  my  letter  of  the  24th  instant  to  you  I  inclosed  copies  of  letters  which  I 
had  addressed  to  the  governors  of  Tangiers  and  Gibraltar  on  the  subject.  I  now  send 
you  annexed  copies  of  letters  which  have  since  passed  between  Mr.  Hay,  the  British 
charge'  resident  at  Tangier  and  myself.  These  letters,  together  with  those  already 
sent,  will  put  you  in  possession  of  all  the  facts  of  the  case,  prominent  among  which 
is  the  apparent  apathy  and  indifference  of  the  diplomatic  officer,  whose  mediation  had 
been  asked,  in  the  absence  of  the  recognition  of  our  government  and  of  an  agent  of 
our  own. 

Notwithstanding  the  strong  precedent  established  by  all  Europe  in  the  Trent  affair 
as  to  the  legality  and  propriety  of  friendly  interference  between  a  neutral  and  a  bellig- 
erent to  preserve  the  peace,  Mr.  Hay  has  deemed  it  his  duty  not  only  to  preserve 
silence,  but  to  take  especial  pains  to  make  his  silence  known  to  the,  government  of 
Morocco. 

I  have,  &c, 

(Signed)  R.  SEMMES. 

P.  S. — I  have  received  no  reply  from  the  Moorish  government  to  my  demand  of  the 
23d. 

R.  S. 


[35]  *[Inclosure  2  in  No.  3C] 

Commander  Semmes,  C.  S.  N.}  to  Captain  Freeling. 

Confederate  States  Steamer  Sumter, 

Bay  of  Gibraltar,  February  22,  1862. 
Sir:  I  have  the  honor  to  ask  the  good  offices  of  his  excellency  the  governor  of 
Gibraltar  in  a  matter  purely  my  own.  On  Wednesday  last  I  dispatched  from  this  port, 
in  a  French  passenger-steamer  for  Cadiz,  on  business  connected  with  this  ship,  my 
paymaster,  Mr.  Henry  Myers,  and  Mr.  T.  T.  Tunstall,  a  citizen  of  the  Confederate 
States  and  ex-United  States  consul  at  Cadiz.  The  steamer  having  stopped  on  her  way 
to  Tangier,  and  these  gentlemen  having  gone  on  shore  for  a  walk  during  her  tempo- 
rary delayjthere,  they  were  seized  by  the  authorities,  at  the  instigation  of  the  United 
States  consul,  and  imprisoned.  A  note  from  Paymaster  Myers  informs  me  that  they 
are  both  heavily  ironed  and  otherwise  treated  in  a  barbarous  manner.  I  learn  further 
that  the  pretense  upon  which  the  unlawful  proceeding  was  had  is  that  it  is  authorized 
by  treaty  stipulation  with  the  United  States.  Unfortunately  I  have  not  a  copy  of  this 
treaty  in  my  possession,  but  I  presume  it  provides  in  the  usual  form  for  the  extradi- 
tion of  criminals,  and  nothing  more.  I  need  not  say  to  his  excellency  that  treaties  of 
this  description  are  never  applied  to  political  offenders,  which,  I  presume,  is  the  only 
category  in  which  the  United  States  consul  pretends  to  place  these  two  gentlemen. 
An  occurrence  of  this  kind  could  not  have  happened,  of  course,  in  a  civilized  commu- 
nity. The  political  ignorance  of  the  Moorish  government  has  been  shamefully  prac- 
ticed upon  by  the  unscrupulous  consul.  I  understand  that  the  British  government  has 
a  diplomatic  agent  resident  at  Tangier,  and  a  word  from  that  gentleman  would,  no 
doubt,  set  the  matter  right  and  insure  the  release  of  the  unfortunate  prisoners,  and  it 
is  to  interest  this  gentleman  in  this  humane  task  that  I  address  myself  to  his  excel- 
lency. May  I  not  ask  the  favor  of  his  excellency,  under  the  peculiar  circumstances  of 
the  case,  to  address  Mr.  Hay  a  note  on  the  subject,  explaining  to  him  the  facts  and 
requesting  his  interposition?  If  any  official  scruples  present  themselves,  the  thing 
might  be  done  in  his  character  of  a  private  gentleman.  The  Moorish  government 
.would  not  hesitate  a  moment  if  it  understood  correctly  the  facts  and  principles  of  the 
case,  to  wit,  that  the  principal  powers  of  Europe  have  recognized  the  Confederate. 
States  as  belligerents  in  their  war  against  the  United  States,  and  that,  consequently, 
the  act  of  making  war  against  the  United  States  by  the  citizens  of  the  Confederate 
States  is  not  an  offense,  political  or  otherwise,  which  a  neutral  can  take  cognizance  of, 
and,  even  if  it  were  the  former,  no  extradition  treaty  is  ever  meant  to  apply  to  such  a 
case. 

I  have,  «fcc, 

(Signed)  R.  SEMMES. 


64  TREATY    OF   WASHINGTON. 

[Inclosure  3  in  No.  36.] 

Commander  Semmes,  C.  S.  X.,  to  the  governor  of  Tangier. 

Confederate  States  Steamer  Sumter, 

Bay  of  Gibraltar,  February  23,  1862. 
Sir  :  I  have  the  honor  to  inform  your  excellency  that  intelligence  has  reached  me  of 
the  imprisonment,  by  the  Moorish  government  at  Tangier,  of  Mr.  Henry  Myers,  the 
paymaster  of  this  ship,  and  Mr.  T.  T.  Tunstall,  a  citizen  of  the  Confederate  States,  and 
late  United  States  consul  at  Cadiz.    I  learn  further  that  these  gentlemen  are  heavily 
ironed  and  otherwise  treated  with  inhumanity.    I  am  utterly  at  a  loss  to  conceive  on 
what  ground  this  illegal  imprisonment  can  have  taken  place,  though  I  learn  that  the 
United  States  consul  demanded  it  under  some  claim  of  extradition  treaty  stipulation. 
A  word  or  two  will  suffice  to  set  this  matter  right.    It  must  of  course  he  known  to 
your  excellency  that  the  Confederate  States  have  been  acknowledged  by  the  principal 
powers  of  Europe  as  belligerents  in  the  war  in  which  they  are  engaged  with  the  United 
States,  and  that,  consequently,  the  paymaster  of  this  ship,  in  any  act  of  war  in  which 
he  may  have  participated,  can  have  been  guilty  of  no  offense,  political  or  otherwise, 
of  which  any  neutral  power  can  take  cognizance.    Indeed,  as  before  stated,  the  neutral 
powers  of  Europe  have  expressly  recognized  the  right  of  the  Confederate  States  to 
make  war  against  the  United  States.    No  extradition  treaty  therefore  can  apply  to 
Paymaster  Myers.    Mr.  Tunstall,  not  being  in  the  military  or  naval  service  of  the  Con- 
federate States,  can  no  more  be  brought  within  the  terms  of  any  such  treaty  than 
[36]    Paymaster  Myers.    I  have,  therefore,  respectfully  to  demand,  in  the  name  of  *my 
government,  and  in  accordance  with  the  laws  ana"  practices  of  nations,  that  these 
two  citizens  of  the  Confederate  States  be  set  at  liberty.. 
Respectfully,  &c, 
(Signed)  R.  SEMMES. 


[Inclosure  4  in  No.  36.] 

Mr  Drummond-Hay  to  Commander  Semmes,  C.  S.  X. 

,  Tangier,  February  24,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  yesterday's  date, 
inclosing  an  open  letter  addressed  by  you  to  the  governor  of  Tangier,  relative  to  the 
arrest  by  the  United  States  consul  of  an  officer  of  the  Sumter,  and  of  another  gentle- 
man belonging  to  the  Southern  States,  and  requesting  me,  as  an  act  of  humanity,  to 
cause  that  letter  to  be  delivered  to  the  proper  authority.  You  are  aware  that  Her 
Britannic  Majesty's  government  have  decided  on  observing  a  strict  neutrality  in  the 
present  conflict  between  the  Northern  and  Southern  States;  it  is  therefore  incumbent 
on  Her  Majesty's  officers  to  avoid  anything  like  undue  interference  in  any  questions 
affecting  the  interests  of  either  party  which  do  not  concern  the  British  government ; 
and  though,  under  the  circumstances  of  the  present  case,  I  do  not  refuse  to  accede  to 
your  request  to  deliver  your  letter  to  the  Moorish  authorities,  I  think  it  my  duty  to 
signify  distinctly  to  the  latter  my  intention  to  abstain  from  expressing  an  opinion 
regarding  the  course  to  be  pursued  by  Morocco  on  the  subject-matter  of  your  letter. 

I  have,  &c, 

(Signed)  J.  H.  DRUMMOND-HAY. 


[Inclosure  5  in  No.  36.] 
Commodore  Semmes,  C.  S.  N.f  to  Mr.  Drummond-Hay. 

Confederate  States  Steamer  Sumter, 

Bay  of  Gibraltar,  February  25,  1862. 
Sir  :  I  have  had  the  honor  to  receive  your  letter  of  yesterday's  date,  in  reply  to  mine 
of  the  23d,  informing  me  that  "  you  (I)  must  be  aware  that  Her  Britannic  Majesty's 
government  have  decided  on  observing  a  strict  neutrality  in  the  present  conflict  be- 
tween the  Northern  and  Southern  States ;  it  is  therefore  incumbent  on  Her  Majesty's 
officers  to  avoid  anything  like  undue  interference  in  any  questions  affecting  the  inter- 
ests of  either  party  which  do  not  concern  the  British  government,  and  though  I  do  not 
refuse  to  accede  to  your  request  to  deliver  the  letter  to  the  Moorish  authorities,  I  think 
it  my  duty  to  signify  distinctly  to  the  latter  my  intention  to  abstain  from  expressing 


BRITISH   CASE    AND    PAPERS.  65 

an  opinion  regarding  the  course  to  be  pursued  by  the  Morocco  government  on  the  sub- 
ject-matter of  your  letter." 

While  I  thank  you  for  the  courtesy  of  delivering  my  letter  as  requested,  I  must 
be  permitted  to  express  to  you  my  disappointment  at  the  course  you  have  pre- 
scribed to  yourself,  of  refraining  from  expressing  any  opinion  to  the  Moorish  govern- 
ment of  the  legality  or  illegality  of  its  act.  The  Confederate  States,  having  ample 
ability  to  maintain  themselves  in  the  war  in  which  they  are  engaged  with  the  United 
States,  do  not  request  or  expect  neutral  powers  to  interfere  in  their  behalf,  nor  can 
I  conceive  how  your  compliance  with  my  request  would  have  compromised  you  or 
your  government.  I  had  supposed  that  the  Trent  affair,  of  so  recent  occurrence,  had 
settled  not  only  the  right  but  the  duty  of  civilized  nations  of  the  earth  to  "interfere" 
in  a  friendly  manner  to  prevent  war  between  nations.  It  cannot  escape  your  observa- 
tion that  the  course  pursued  by  Europe  in  that  affair  is  precisely  analagous  to  that 
which  I  requested  of  you.  In  that  affair,  a  quarrel  arose  between  the  United  States, 
one  of  the  belligerents  in  the  existing  war,  and  Great  Britain,  a  neutral  in  that 
war,  and,  instead  of  "refraining"  from  offering  advice,  all-  Europe  made  haste  to  vol- 
unteer it  to  both  parties.  The  United  States  were  told  by  France,  by  Russia,  by  Spain, 
&c,  that  their  act  was  illegal,  and  that  they  could,  without  a  sacrifice  of  honor,  grant 
the  reparation  demanded  by  Great  Britain.  Neither  the  nations  giving  the  advice  nor 
the  nations  advised  supposed  for  a  moment  that  there  was  any  breach  of  neutrality  in 
this  proceeding ;  on  the  contrary,  it  was  the  general  verdict  of  mankind  that  the  course 

was  not  only  legal,  but  eminently  humane  and  proper,  as  tending  to  allay  excite- 
[37]     *ment  and  prevent  the  effusion  of  blood.     If  you  will  run  a  parallel  between  the 

Trent  case  and  the  case  in  hand  you  will  find  it  difficult,  I  think,  to  sustain  the 
reason  you  have  assigned  for  your  forbearance.  In  that  case  the  quarrel  arose  be- 
tween a  neutral  and  a  belligerent.  So  in  this  case.  In  that  case  citizens  of  a  bellig- 
erent state  were  unlawfully  arrested  on  the  high  seas,  in  a  neutral  ship,  by  the  oppo- 
site belligerent  and  imprisoned.  In  this  case  citizens  of  a  belligerent  state  have  been 
unlawfully  arrested  by  a  neutral,  in'  neutral  territory,  and  imprisoned.  Does  the  fact 
that  the  offense  was  committed  in  the  former  case  by  a  belligerent  against  a  neutral, 
and  in  the  latter  case  by  a  neutral  against  a  belligerent,  make  any  difference  in  the 
application  of  the  principle  we  are  considering  ;  and,  if  so,  in  what  does  that  difference 
consist!  If  A  strikes  B,  is  it  lawful  to  interfere  to  prevent  a  battle,  and  if  B  strikes 
A  is  it  unlawful  to  interfere  for  the  same  purpose  ?  Can  the  circumstance  that  the 
prisoners  seized  by  the  one  belligerent  in  the  Trent  affair  were  citizens  of  the  other 
belligerent  alter  the  application  of  the  principle  ?  The  difference,  if  any,  is  in  favor 
of  the  present  case ;  for  while  the  belligerent  in  the  former  case  was  compelled  to 
release  its  enemies,  whom,  under  proper  conditions,  it  would  have  the  right  to  capture, 
in  the  latter  case  a  neutral  is  to  be  advised  to  release  prisoners  who  are  not  its  ene- 
mies, and  whom  it  would  have  no  right  to  capture  under  any  circumstances.  Upon 
further  inquiry  I  learn  that  my  first  supposition,  that  the  two  gentlemen  in  question 
had  been  arrested  under  some  claim  of  extradition,  (unfortunately,  I  have  not  a  copy 
of  the  treaty  between  Morocco  and  the  United  States,)  was  not  exactly  correct.  It 
seems  that  they  were  arrested  by  Moorish  soldiers,  upon  the  requisition  of  the  United 
States  consul,  who  claimed  to  exercise  jurisdiction  over  them  as  citizens  of  the  United 
States  under  a  provision  of  a  treaty  common  between  what  are  called  the  non-civilized 
and  the  civilized  nations.  This  state  of  facts  does  not  alter,  in  any  degree,  the  reason 
applicable  to  the  case.  If  Morocco  adopts  the  status  given  the  Confederate  States  by 
Europe,  she  must  remain  neutral  between  the  two  belligerents,  not  undertaking  to 
judge  of  the  nationality  of  the  citizens  of  either  of  the  belligerents  or  to  decide  any 
other  question  growing  out  of  the  war  which  does  not  concern  her  own  interests.  She 
has  no  right,  therefore,  to  adjudge  a  citizen  of  the  Confederate  States  to  be  a  citizen 
of  the  United  States,  and,  not  having  this  right  herself,  she  cannot  transfer  it  by  treaty 
to  the  United  States  consul.  I  trust  that  you  will  not  understand  that  I  have  written 
in  a  tone  of  remonstrance  or  complaint.  I  have  no  ground  on  which  to  demand  any- 
thing of  you.  The  friendly  offices  of  nations,  like  those  of  individuals,  must  be  spon- 
taneous ;  and  if  in  the  present  instance  you  have  not  deemed  yourself  at  liberty  to 
offer  a  word  of  friendly  advice  to  a  barbarian  government  (which  has  evidently  erred 
through  ignorance  of  its  rights  and  duties)  in  favor  of  unfortunate  citizens  of  a  friend- 
ly government,  connected  with  the  government  which  you  represent  by  many  ties  of 
consanguinity  and  interest,  I  have  no  remonstrance  to  offer.  You  are  the  best  judge 
of  your  own  actioHs. 

I  have,  &c, 

(Signed)  R.  SEMMES. 

H.  Ex.  282,  vol.  ii 5 


66  TREATY    OF    WASHINGTON'. 

[Inclosure  6  in  No.  36.] 

Mason. 

Confederate  States  Steamer  Sumter, 

Bay  of  Gibraltar,  March  3,  1862. 
Sir:  I  have  the  honor  to  inform  yon  that,  on  the  26th  ultimo,  Paymaster  Myers  and 
Mr.  T.  T.  Tunstall,  whose  capture  and  imprisonment  at  Tangier  were  reported  to  you 
in  my  last,  dispatch,  were  delivered  by  the  United  States  consul  at  that  place  to  the 
commander  of  the  United  States  sloop  of  war  Ino,  on  hoard  of  which  vessel  they  are 
now  prisoners.    The  consul  was  assisted  in  this  nefarious  work  by  Moorish  officials 
and  soldiers.     It  is  reported  that  the  European  residents  at  Tangier  were  so  outraged 
by  this  proceeding  that  they  assembled  in  the  streets,  and  would  have  rescued  the 
prisoners  but  for  the  interference  of  their  consuls,  headed  by  Mr.  Hay,  the  British 
charge",  who  advised  them  to  disperse,  as  the  arrest  was  no  business  of  theirs.    Do  me 
the  favor  to  forward  the  inclosed  dispatch  to  the  secretary  of  the  navy.    The  letter 
annexed  to  this  dispatch  is  from  Mr.  Myers,  giving  an  account  of  his  arrest  and  im- 
prisonment.   By  a  perusal  of  it  you  will  perceive  with  what  Indignity  he  was  treated. 
Do  me  the  favor  also  to  forward  the  inclosed  private  letter. 
I  have,  &c, 
(Signed)  R.  SEMMES. 


£33]  [Inclosure  7  in  No.  36.] 

Mr.  Myers  to  Commander  Semmcs,  C.  S.  N. 

Tangier,  February  25,  1862. 
Sir  :  On  the  19th,  having  left  Gibraltar  for  Cadiz,  we  arrived  at  Tangier,  where  the 
boat  was  to  remain  for  ten  hours.  Learning  that  there  was  an  old  friend  of  mine  sick 
at  the  hotel  I  landed  lor  the  purpose  of  seeing  him.  I  paid  the  visit,  and  with  Mr. 
Tunstall  was  returning,  and  had  reached  the  beach,  when  we  were  each  roughly  seized 
by  two  Moors.  We  saw  no  one  as  accuser  until  we  had  been  brutally  dragged  for  some 
distance,  when  we  saw  a  man  walking  excitedly  ahead,  saying,  as  soon  as  he  made  his 
appearance,  "  Yes,  God  damn  you,  you  have  been  burning  vessels,  have  you  ?  I'll  see 
that  you  burn  no  more."  This  man  declared  himself  to  be  the  United  States  consul. 
We  were  after  this  taken  to  the  consulate,  searched,  and  locked  up  for  an  hour  in  a 
most  disgusting  stable.  Six  or  eight  brutal  Moors  then  came  in  and  manacled  us  with 
irons  weighing  eight  or  ten  pounds.  During  the  whole  of  this  time  we  saw  nothing  of 
the  consul.  We  were  then  taken  to  a  room  in  his  house,  furnished  with  beds,  and  our 
meals  were  supplied  from  the  hotel.  His  conduct  the  whole  time  has  been  most  brutal, 
at  one  time  threatening  to  dash  my  brains  out  with  a  chair.  On  the  21st,  during  the 
day,  I  succeeded  in  getting  off  the  irons  from  one  leg.  They  are  made  of  a  bar  of  iron, 
with  two  rings  running  through,  and  riveted.  I  sawed  one  of  the  rivets,  got  the  ring 
off,  and  lashed  the  bar  to  my  leg,  and  jumped  from  the  window,  about  eighteen  feet. 
Not  knowing  the  localities,  I  was  soon  retaken.  In  jumping  I  dislocated  one  of  my  toes, 
which  gave  me  much  pain,  but  a  physician  soon  set  it  all  right.  With  my  foot  in  that 
condition  the  brute  wished  to  double-iron  me.  The  reason  that  he  gave  was  that  he 
was  afraid  I  would  make  an  attempt  on  his  life.  Since  the  night  I  tried  to  escape  there 
have  been  from  three  to  five  filthy  Moors  eating,  sleeping,  and  living  in  our  room, 
which  is  about  12  feet  square.  We  have  never  pulled  off  our  clothes,  not  being  able  to 
do  so,  and  of  course  are  in  a  filthy  condition.  Our  treatment  has  been  such  that  in  the 
worst  days  of  tyranny  it  could  not  have  been  worse.  We  are  forbidden  the  use  of  pen, 
ink,  and  paper ;  no  one  is  allowed  to  see  us,  and  our  every  movement  is  watched  and 
reported  to  the  consul.  In  regard  to  my  duties,  I  have  written  and  sent  by  a  friend  as 
long  a  statement  as  I  could  make,  which  I  hope  you  may  receive.  I  suppose  that  no 
intervention  on  your  part  could  do  me  any  good.  I  hope  that  every  effort  will  be 
made  to  alleviate  our  condition.  My  hope  and  wish,  were  to  have  shared  the  fate  of 
our  ship.  I  have  done  everything  to  rejoin  her,  but  fortune  has  been  against  me.  I 
hope  that  no  blame  will  attach  itself  to  me.  I  went  to  Cadiz  by  your  consent,  though 
I  did  not  desire  it,  but,  as  I  stated  to  Mr.  Kell,  with  the  desire  of  hastening  the  thing, 

(the  procuring  of  a  supply  of  coal,)  more  than  Mr.  T would  have  done.    I  forgot 

to  mention  that  when  I  was  retaken  blows  were  showered  upon  me,  with  the  point  of 
a  sword  held  to  my  throat,  all  of  it  in  the  presence  of  the  United  States  consul.  He 
acknowledged  that  he  only  seized  Mr,  Tunstall  because  he  was  in  company  with  me. 
He  did  not  know  who  I  was  when  he  first  took  me,  but  has  been  since  informed  from  Gib- 
raltar. I  could  bribe  my  way  out,  but  the  price  is  such  that  I  am  precluded,  being 
$5,000.  I  have  offered  $500,  hoping  that  you  would  grant  me  that  amount,  it  being 
due  to  me,  and  feeling  assured  that  myself  and  the  government  would  be  benefited  to 


BRITISH    CASE    AND    PAPERS.  67 

a  greater  extent  than  that  amount  would  cover.  I  am  deeply  distressed  at  my  misfor- 
tune, and  almost  driven  mad  by  the  cowardly  indignities  heaped  upon  me.  I  write 
by  stealth,  and  my  mind  is  so  disordered  that  I  can  scarcely  think  at  all.  Although 
the  consul  acknowledged*  that  he  would  not  have  taken  Mr.  Tunstall  except  for  his 
being  with  me,  the  latter  has  received  the  same  treatment  as  myself,  and  even  this 
morning  he  was#  refused  paper  to  write  to  Mr.  Sprague,  the  United  States  consul  at 
Gibraltar,  for  the  purpose  of  procuring  some  clothing.  Mr.  Pelissa,  a  young  English- 
man, whom  I  have  seen,  has  promised  to  call  upon  you  and  state  everything  that  he 
has  learned  about  us.  If  my  release  cannot  be  procured  in  any  way,  I  would  desire  to 
have  some  clothes  sent  to  me,  care  of  Mr.  Harrison,  at  Mr.  Ash  ton's,  Tangier.  Could 
you'  not  make  some  intervention  under  a  flag  of  truce  with  the  captain  of  the  Tusca- 
rora  ?  No  officer  of  honor  would  receive  a  prisoner  under  the '  circumstances  of  my 
capture ;  at  least  he  should  investigate  it,  and  release  us  from  the  custody  of  the  man 
who  now  has  us  in  charge,  With  the  hope  that  you  may  do  something  for  us,  and 
that  from  this  great  outrage  much  good  may  come,  I  am,  &c, 

(Signed)  H.  MYERS, 

Paymaster. 


[39]  *No.  37. 

Major- General  Sir  E.  Lugardto  Mr.  Hammond. 

War  Office, 
March  18,  1862.  (Eeceived  March  19.) 
Sir  :  With  reference  to  my  letter  of  the  8th  instant,  I  am  directed  by 
the  secretary  of  state  for  war  to  transmit  to  you,  for  the  information  of 
Earl  Russell,  the  accompanying  copy  of  a  dispatch  from  Lieutenant 
General  Sir  William  Oodrington,  inclosing  copies  of  a  further  corre- 
spondence which  had  passed  between  himself  and  the  captains  of  the 
Federal  steamer  Tuscarora  and  of  the  confederate  steamer  Sumter,  and 
also  of  a  correspondence  with  Her  Majesty's  minister  at  Tangier  respect- 
ing the  two  gentlemen  who  had  been  arrested  at  the  instigation  of  the 
United  States  consul. 

I  am  to  take  this  opportunity  of  transmitting  a  copy  of  a  dispatch 
which  Sir  George  Lewis  addressed  to  Sir  William  Oodrington  on  the 
receipt  of  your  letter  of  the  10th  instant. 
I  have,  &c, 
(Signed) .  EDWARD  LUGARD. 


flnclosurel  iD  No.  37.] 
Lieutenant  General  Sir  W.  Codrington  to  Sir  G.  Lewis. 

Gibraltar,  February  26, 1862. 

Sir  :  In  my  dispatch  of  the  22d  instant,  I  addressed  you  upon  the  subject  of  the 
United  States  steamer  Tuscarora,  anchored  at  Algeciras,  and  the  confederate  steamer 
Sumter  at  anchor  in  this  port. 

A  notice  was  inserted  by  my  desire  in  the  Gibraltar  Chronicle  prohibiting  any  sig- 
nals being  made  which  should  communicate  to  one  belligerent  the  movements  of  the 
other. 

Captain  Warden,  senior  naval  officer,  had  had  a  conversation  with  Captain  Semmes, 
of  the  Sumter,  on  several  points,  and,  after  consultation  with  me,  he  answered  Captain 
Semmes  by  a  letter  dated  the  2ist  instant,  of  which  I  inclose  a  copy. 

With  reference  to  the  last  paragraph  in  that  letter,  some  explanation  is  necsssary. 
Captain  Semmes  wished  to  secure  a  right  to  his  time  of  departure,  irrespective  of  a 
subsequent  departure  of  merchant- vessels,  if  he  had  given  a  previous  notice  of  his  in- 
tention. This  would,  in  fact,  have  been  a  control  over  the  merchant-vessel  for  the 
sake  of  the  convenience  of  the  ship  of  war.  I  did  not  consider  this  right,  as  I  have  no 
power  of  preventing  the  sailing  of  a  United  States  merchant -vessel  at  any  hour  that 
may  suit  her.  The  departure  of  Captain  Semmes  must,  therefore,  depend  upon  the 
departure  of  others. 


68  TREATY    OF   WASHINGTON. 

I  now  inclose  copies  of  documents  which  have  passed  between  Captain  Warden,  my- 
self, and  the  captain  of  the  Tuscarora.  I  regret  that  Captain  Craven,  commanding 
that  vessel,  should  have  used  terms  which  made  strong  comment  from  me  necessary. 

The  Tuscarora,  having  anchored  in  Gibraltar  on  the  12th  instant,  quitted  the  port  the 
following  day,  not  by  my  desire,  but  of  Captain  Craven's  own  free  will,  and  went  into 
Spanish  waters. 

On  the  19th  instant  a  boat  from  the  Tuscarora,  at  Algeciras,  passed  round  the  Sum- 
ter, as  if  observing  her.  This  caused  the  joint  letter  from  Captain  Warden  and  myself 
forbidding  the  entrance  of  the  boats  of  the  Tuscarora  into  these  waters  so  long  as  that 
ship  was  in  the  Spanish  waters  of  this  bay.  On  the  22d  instant,  notwithstanding  this 
notice,  the  Tuscarora's  launch,  with  three  officers,  passed  into  this  port,  and  landing 
her  officers  at  the  Waterport  one  of  them  delivered  to  me  a  letter  from  commander 
Craven,  dated  the  22d  instant.  He  complained  that  the  Sumter  was  allowed  to  re- 
main in  undisturbed  possession  of  her  anchorage  at  Gibraltar,  while  a  vessel  of  the 
United  States  Navy  was  refused  ;  he  wished  to  know  under  what  rule  this  took  place, 
and,  without  waiting  for  answer  or  explanation,  he  used  the  following  words,  in  pro- 
testing against  "  what  appears  to  be  a  departure  from  those  rules  which  require  that 
neutrals  should  be  impartial  and  honest." 

These  offensive  terms  will,  I  trust,  be  remarked  upon  by  Her  Majesty's  government. 

The  rules  laid  down  by  Earl  Eussell  were  published  here  on  the  evening  of  the  10th 
and  11th  instant,  and,  therefore,  did  not  come  into  force  until  the  18th  instant.  The 
Sum|er  had  anchored  in  our  waters  on  the  18th  of  January,  and,  therefore,  did  not 
come  under  the  rule  for  departure  after  twenty-four  hours'  stay. 

The  Tuscarora,  although  arriving  (on  the  12th  instant)  after  the  first  publication, 
yet  it  was  before  the  expiration  of  the  six  days'  notice,  and  would  probably  have  been 

equally  free  from'this  order  for  departure  had  my  decision  been  "required. 
[40]         *But  Commander  Craven  gave  his  own  interpretation  to  the  rule,  or  suited 
his  convenience  for  other  reasons,  and  quitted  Gibraltar  for  the  neighboring 
Spanish  waters  without  any  communication  from  me  on  that  subject. 

My  letter  of  the  22d  instant  to  Captain  Craven  is  an  answer  to  his  remonstrance,  the 
terms  of  which  required  very  little  answer  or  consideration  on  my  part.  I  send  you  a 
copy  of  these  letters ;  you  will  see  my  comment  upon  the  insinuation  which  he  made 
of  the  want  of  impartiality  and  honesty. 

A  joint  letter  was  also  written  to  him  by  Captain  Warden  and  myself  upon  the  in- 
fringement of  our  directions  in  his  having  sent  a  boat  to  the  Waterport  after  he  had 
received  the  notice. 

The  reasons  for  this  prohibition  of  the  boats  of  the  Tuscarora  entering  these  waters 
while  the  ship  herself  was  in  this  neighborhood  in  foreign  waters,  you  will  find  laid 
down  in  the  joint  letter  from  Captain  Warden  and  myself,  dated  the  20th  instant. 

It  was  reported  in  Gibraltar,  about  this  date,  that  two  confederate  officers,  passengers 
in  the  French  steamer  to  Cadiz,  which  touches  at  Tangiers,  had  been  arrested  and  im- 
prisoned by  Moorish  soldiers,  on  the  claim  of  the  United  States  consul,  M.  de  Long. 

On  the  22d  instant  a  letter  from  Captain  Semmes,  of  the  Sumter,  requested  my  good 
offices  on  behalf  of  these  two  individuals,  one  of  whom  was  Mr.  Myers,  his  paymaster ; 
the  other  was  Mr.  Tunstall,  ex-United  States  consul  at  Cadiz.  I  did  not  know  how 
such  an  arrest  could  have  been  inflicted  by  the  Moorish  government  upon  gentlemen 
innocent,  apparently,  of  any  crime  in  Morocco  ;  and  I  was  not  aware  of  what  treaties 
or  powers  existed  in  the  consuls  of  the  foreign  powers  resident  at  Tangiers. 

There  could  be  no  objection  to  my  asking  Mr.  Hay,  Her  Majesty's  resident  minister, 
if  he  could  inquire  for  me,  and  alleviate  the  sufferings  of  these  gentlemen,  if  there 
was  truth  in  fact  of  their  being  heavily  ironed. 

I  accordingly  wrote  to  Mr.  Hay  a  letter  on  the  23d  instant,  of  which  I  inclose  you  a 
copy,  as  well  as  a  copy  of  Mr.  Hay's  answer.  He  informed  me  of  the  powers  of  con- 
suls generally  as  to  the  arrest  of  individuals  of  their  own  nation,  and  that  under  the 
demands  in  usual  cases  the  Moorish  government  never  inquired  into  the  cause  of  arrest. 

The  colonial  secretary,  Captain  Freeling,  took  over  my  dispatch,  and  brought  me 
detailed  information  as  to  the  facts,  which  showed  that  it  was  a  question  entirely  be- 
tween the  Moorish  government  and  M.  de  Long,  the  United  States  consul,  and  that  he, 
Mr.  Hay,  could  not  advise  or  interfere  as  to  the  course  to  be  taken. 

A  visit  from  M.  de  Long,  and  a  return  visit  to  him  from  Mr.  Hay,  enabled  Mr.  Hay, 
unofficially,  to  suggest  that  the  prisoners  should  be  treated  generously  by  the  American 
consul,  and  that  their  fetters  should  be  taken  off. 

Captain  Freeling  also  conveyed  to  Mr.  Hay  a  letter  from  Commander  Semmes,  in- 
closing one  to  the  Governor  of  Tangiers.  You  will  see  in  Mr.  Hay's  letter  to  me  the 
clear  restriction  which  he  imposed  on  himself  in  being  merely  the  deliverer  of  this 
letter,  abstaining  from  all  advice  or  remark  upon  a  question  in  the  hands  of  the  Ameri- 
can consul  and  the  Moorish  government  solely. 

The  close  neighborhood  of  Tangiers  to  Gibraltar,  with  the  official  as  well  as  the  legal 
relations,  by  means  of  the  supreme  court,  which  subsist  between  the  English  authori- 
ties of  the  two  places,  naturally  produce  inquiry  and  interest  in  the  proceedings  of  the 


BRITISH    CASE    AND    PAPERS.  69 

Moorish  government  with  regard  to  the  privileges  and  acts  of  all  consuls  resident  in 
Morocco*. 

I  am  not  aware  of  the  treaties,  whether  for  consular  purposes  or  for  extradition 
of  criminals,  which  may  exist  between  Morocco  and  the  United  States  of  America ; 
but  they  must  give  large  powers  if  they  can  be  used  to  carry  out  such  an  imprison- 
ment as  that  made  by  M.  de  Long,  the  United  States  consul. 

There  are  also  treaties  between  Morocco  and  England,  but  whatever  power  or  cus- 
tom may  exist  under  them,  it  is  scarcely  possible  that  any  arrest  of  a  similar  nature 
could  have  been  justly  attempted  by  English  authority  in  order  to  place  in  irons  gen- 
tlemen who,  on  the  faith  of  being  in  neutral  territory,  landed  from  a  passenger  steam- 
boat for  a  walk  in  the  town  of  Tangiers. 
I  have,  &c, 
(Signed)  •       W.  J.  CODRINGTON. 


[41  ]  * [Iuclosure  2  in  No.  37.] 

Commander  Craven  to  Sir  W.  Codrington. 

United  States  Steamer  Tuscarora, 

Off  Algeciras,  February  22,  1862. 
Sir  :  I  have  the  honor  to  submit  to  you  that,  on  my  arrival  in  the  waters  of  Gib- 
raltar, on  the  12th"  instant,  I  received  from  the  colonial  secretary,,  under  your  instruc- 
tions, an  official  copy  of  "  Rules  laid  down  with  regard  to  belligerent  vessels  entering 
the  port." 

In  accordance  with  those  rules,  I,  with  the  vessel  under  my  command,  promptly 
departed  from  British  waters.  1  observe,  however,  that  the  corsair  Sumter  remains  in 
undisturbed  possession  of  her  anchorage  at  Gibraltar. 

May  I  ask,  sir ,  under  what  section  of  the  rules  that  vessel  is  permitted  to  remain  in 
British  waters  while  a  vessel  belonging  to  the  United  States  is  excluded  ? 

In  behalf  of  the  Government  of  the  United  States,  and  under  the  well-defined  usages  of 
international  law,  I  have  to  protest  against  what  appears  to  be  a  departure  from  those 
rules,  which  require  that  neutrals  shall  be  impartial  and  honest. 
I  have,  &c, 
(Signed)  .  J.  A.  CRAVEN. 

[For  other  correspondence,  see  inclosures  in  No.  30.] 


[Iuclosure  ,3  in  Xo.  37.  J 

» 
Sir  G.  Lewis  to  Sir  W.  J.  Codrington. 

War. Office,  March  11,  1862. 

Sir:  I  have  received  your  dispatch  of  the  20th  February,  inclosing  copies  of  a  cor- 
respondence which  had  passed  between  yourself  and  the  captain  of  the  United  States 
steamer  Tuscarora. 

I  have,  in  reply,  to  acquaint  you  that  Her  Majesty's  government  are  desirous  that 
you  should  confine  yourself  strictly  to  the  letter  of  the  instructions  contained  in  Earl 
Russell's  letter  of  the  31st  January,. a  copy  of  which  was  communicated  to  you  in  my 
dispatch  of  the  3d  ultimo,  and  not  on  any  account  to  exceed  them. 

The  boats  of  the  Tuscarora  must  be  permitted  to  come  into  the  port  of  Gibraltar, 
but  you  were  right  in  preventing  their  causing  any  annoyance  to  the  vessels  of  the 
other  belligerent. 

You  will  be  careful  to  avoid  all  unnecessary  correspondence  with,  either  party,  espe- 
cially of  an  irritating  tendency,  confining  yourself  as  far  as  possible  to  mere  matters  of 
detail. 

I  have  only  to  add  an  expression  of  my  wish  that  you  should  communicate  with  Cap- 
tain Warden,  the  senior  naval  officer,  who  has  received  from  the  lords  commissioners  of 
the  admiralty  instructions  for  his  guidance  in  this  matter. 
I  have,  &c, 
(Signed)  EDWARD  LUGARD, 

For  Secretary  of  State  for  War. 


70  TREATY    OF    WASHINGTON. 

No.  38. 
Earl  Russell  to  Lord  Lyons. 

Foreign  Office,  March  20, 1862. 

My  Lord  :  I  think  it  right  to  put  your  lordship  in  possession  of  the 

accompanying  papers,  which  I  have  received  from  the  war  department 

and  the  board  of  admiralty,1  being  the  correspondence  which  has  passed 

between  the  British  naval  and  military  authorities  at  Gibraltar,  on  the 

one  part,  and  the  commanders  of  the  confederate  steamer  Sumter 

[42]    *lying  at  Gibraltar,  and  the  United  States  steamer  Tuscarora  lying 

at  Algeciras,  on  the  other,  respecting  certain  measures  taken  by 

the  latter  vessel,  which,  in  the  opinion  of  the  British  officers,  implied  an 

assumption  to  do  in  British  waters  acts  which  were  inconsistent  with 

international  usage,  and  with  the  neutrality  of  the  port  of  Gibraltar. 

Her  Majesty's  government  might  indeed  very  reasonably  instruct  your 
lordship  to  call  the  attention  of  the  Government  of  the  United  States 
to  the  conduct  and  language  of  the  captain  of  the  Tuscarora,  which  they 
feel  sure  will  not  meet  with  the  approval  of  that  Government ;  but  they 
do  not  wish,  under  the  pecular  circumstances  of  the  case  to  appear  over- 
sensitive ;  and  I  therefore  only  forward  the  papers  to  your  lordship  in 
order* that  you  may  be  fully  informed  of  what  has  occurred. 
I  am,  &c, 
(Signed)  KUSSELL. 


No.  39. 
Mr.  Layard  to  Major- General  Sir  E.  Lugard. 

Foreign  Office,  March  21, 1862. 
•Sir  :  I  am  directed  by  Earl  Eussell  to  state  to  you,  f©r  the  informa- 
tion of  Secretary  Sir  G.  C.  Lewis,  that  his  lordship  concurs  in  the  in- 
struction addressed  to  the  governor  of  Gibraltar  with  regard  to  the 
Tuscarora,  of  which  a  copy  accompanies  your  letter  to  Mr.  Hammond  of 
the  18th  instant. 
I  am,  &c, 
(Signed)  A.  H.  LAYAED. 


No.  40. 

Major- General  Sir  E.  Lugard  to  Mr.  Hammond. 

War  Office 
t  April  25,  1862.  (Eeceived  April  26.) 
Sir  :  With  reference  to  the  previous  correspondence  respecting  the 
vessels  of  war  belonging  to  the  Federal  and  Confederate  States  of  North 
America  which  had  arrived  at  Gibraltar,  I  am  directed  by  the  secretary 
of  state  for  war  to  transmit  to  you,  for  the  information  of  Earl  Eussell, 
the  inclosed  copy  of  a  further  dispatch  from  Lieutenant-General  Sir 
William  Codrington,  reporting  that  Captain  Semmes,  the  commander  of 
the  Sumter,  had  quitted  Gibraltar  with  the  principal  portion  of  his  offi- 
-cers. 

I  have,  &c, 

(Signed)  EDWAED  LUGAED. 

1  Nos.  21, 22, 23, 25, 28, 30,  31,  34,  and  37. 


.    BRITISH    CASE    AND    PAPERS.  71 

[In  closure  in  ~No.  40.  J 

Lieuienant-Gencral  Sir  W.  Codrington  to  Major  General  Sir  E.  Lugarcl. 

Gibraltar,  April  14,  1862. 
Sir:  I  have  the  honor  to  inform  you -that  Captain  Seinmes,  commander  of  the  con- 
federate steamer  Sumter,  quitted  Gibraltar  by  the  steam-packet  Mooltan  'on  the  11th 
instant  with  the  principal  portion  of  his  officers.    The  greater  portion  of  the  crew  of 
the  Sumter  were  pieviously  paid  and  discharged.    That  vessel  remains  at  anchor  here 
in  charge  of  an  officer  and  a  few  men. 
The  Tuscarora  remains  at  Algeciras. 
I  have,  &c, 
(Signed)  W.  J.  CODRINGTON. 


No.  41. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 
April  28,"1862.     (Keceived  April  29.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  acquaint  you,  for  the  information  of  Earl  Russell,  that  Captain 
[43]      Warden,  the  senior  officer  of  Her*Majesty's  ships  at  Gibraltar,  in 
a  letter  dated  the  23d  instant,  states  that  Captain  Semmes  and 
the  officers,  with  some  of  the  crew  of  the  confederate  steam-vessel  Sum- 
ter, left  Gibraltar  for  England  in  the  steamers  Mooltan  and  Euphrosyne 
on  the  9th  and  11th  instant,  and  that  the  ship  was  left  in  charge  of  a 
midshipman  and  five  or  six  men,  the  remainder  having  been  paid  off 
and  disposed  of  in  various  ways. 
I  am,  &c, 
(Signed)  C.  PAGET. 


No.  42. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 
[Immediate.] 

Admiralty, 
December  24,  1802.     (Received  December  24.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  state,  for  the  information  of  Earl  Kussell,  that  the  following  telegram 
has  been  received  from  the  senior  naval  officer  at  Gibraltar,  viz  : 

Confederate  steamer  sold  to  British  owners.  United  States  minister  notifies  the  sale 
will  not  be  respected  by  war-vessels,  and  that  the  Sumter  will  be  taken  on  the  high 
seas  when  the  vessel  sails.    Instructions  requested. 

Referring  to  the  case  of  the  Minerva,  (6  Robson's  Admiralty  Reports, 
pages  396  and  399,)  their  lordships  request  to  be  informed  whether  the 
senior  officer  shall  be  told  in  reply  that  the  sale  is  invalid  and  will  not 
be  supported  by  Her  Majesty's  government. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


72  TREATY    OF    WASHINGTON. 

No.  43. 
Major  General  Sir  E.  Lvgard  to  Mr.  Hammond. 

War  Office, 
December  24,  1862.  (Received  December  24.) 
Sir  :  With  reference  to  the  previous  correspondence  on  the  subject,  I 
am  directed  by  the  secretary  of  state  for  war  to  transmit  to  you,  for  the 
consideration  of  Earl  Russell,  the  accompanying  copy  of  a  dispatch  from 
Lieutenant- General  Sir  William  Oodrington,  together  with  its  inclosures, 
in  which  he  reports  the  course  he  had  taken  in  consequence  of  the  United 
States  consul  at  Gibraltar  having  protested,  on  the  part  of  his  Govern- 
ment, against  the  sale  of  the  confederate  steamer  Sumter. 

His  lordship  will  observe  that  Sir  William  Codrington  requests  that 
he  may  receive  instructions  "  as  to  the  power  of  registry  of  the  Sumter 
as  an  English  ship,  if  sold  at  Gibraltar  to  English  subjects  for  the  bona- 
fide  purposes  of  commerce." 
1  have,  &c. 
(Signed)  EDWARD  LUGARD. 

[Inclosure  1  in  Xo.  43.] 
Lieutenant-General  Sir  W.  Codrington  to  Sir  G.  Lewis. 

Gibraltar,  December  12,  1862. 

Sir  :  I  have  the  honor  to  bring  to  your  notice  the  following  facts  connected  with  the 
confederate  steamer  Sumter.  t 

Observing  in  the  Gibraltar  Chronicle  a  notice  that  the  Sumter  would  be  sold  by  auc- 
tion, I  sent  the  following  memorandum  to  the  attorney-general : 

"  December  4,  1862. 

"The  officer  commanding  the  Sumter  having  mentioned  to  me  that  it  is  intended  to 
sell  that  vessel  and  her  stores  here,  I  presume  it  would  be  contrary  to  law  or  to  Gib- 
raltar regulations  to  sell  any  munitions  of  war." 

The  attorney-general  answered :  "  I  think  it  is  better  not  to  interfere  in  any  way  with 
the  sale  of  the  Sumter.    It  is  hereafter  that  a  case  for  interference  may  arise." 

The  sale  was  fixed  for  the  11th  instant. 
[44]  *On  the  evening  of  the  9th  instant  I  received  a  letter  from  the  United  States 
consul  in  this  city,  (copy  annexed,)  inclosing  a  telegram  from  the  United  States 
minister  at  Madrid,  protesting  against  the  sale  of  the  Sumter  with  the  concurrence  of 
the  British  authorities,  on  the  ground  of  her  being  a  "  war-prize  "  made  by  the  "  insur- 
gents of  the  United  States,  and  truly  the  property  of  citizens  of  that  Republic,  included 
in  the  terms  pointed  out  in  the  orders  in  council  of  Her  Britannic  Majesty  against  the 
sale  of  any  prizes  in  this  war  in  the  dominions  of  Her  Majesty." 

You  will  observe  in  the  letter  the  authoritative  and  explicit  declaration  that  the 
United  States  vessels  of  war  will  seize  the  Sumter  under  whatsoever  flag  she  sails. 

On  the  following  morning,  the  10th  instant,  I  consulted  with  the  attorney-general, 
and  a  letter  was  sent  to  the  United  States  consul,  (of  which  a  copy  is  inclosed,)  inform- 
ing him  that  he  had  not  furnished  me  with  any  such  proof  of  the  Sumter  being  a  prize 
as  to  justify  my  interference  with  a  mercantile  transaction. 

It  was  at  the  same  time  thought  expedient  to  publish  the  following  notice  in  the 
Gibraltar  Chronicle  of  that  day,  which,  without  expressing  any  opinion  on  the  part  of 
the  authorities,  showed  that  a  protest  had  been  made  against  the  sale  on  the  grounds  of 
the  Sumter  being  a  war-prize  : 

"  Notice. 

"Secretary's  Office,  Gibraltar,  December  10,  1862. 
"  His  excellency  the  governor  has  received  a  protest  from  the  United  States  consul 
in  this  city  against  the  sale  of  the  confederate  steamer  Sumter,  on  the  grounds,  as 
stated  by  him,  of  her  being  a  prize.    No  x>roof  of  this  being  the  case  has  been  furnished, 
but  the  governor  deems  it  right  to  notify  this  protest  to  the  public. 
"  By  command :      \ 
(Signed)  "  S.  FREELING,- 

"  Colonial  Secretary." 


BEITISH    CASE    AND    PAPERS.  '  73 

On  the  same  day  a  letter  was  sent  to  the  commanding  officer  of  the  Sumter,  Lieuten- 
ant Chapman,  stating  the  protest  of  the  United  States  consul. 

On  the  10th  instant  the  sale  was  postponed  to  the  ]9th  without  my  interference. 

On  the  evening  of  the  10th  I  received  another  letter  from  the  United  States  consul, 
taking  a  different  ground  of  protest  against  the  sale  of  the  Sumter,  viz,  "That  it  was, 
in  fact,  a.  sale  for  the  purpose  of  avoiding  a  capture  by  the  cruisers  of  the  United  States, 
which  sale  for  such  a  purpose  being  illegal,  and  opposed  to  the  strict  law  of  neutrality, 
if  sanctioned  by  the  government  of  such  neutral  state."  In  reply,  on  the  same  date,  I 
answered  Mr.  Sprague  that  the  two  protests  seem  to  be  incompatible,  and  inquired 
which  of  the  two  he  desired  to  make  his  ground  of  protest.  This  letter  and  his  reply 
are  likewise  annexed. 

On  the  11th  instant  I  received  a  letter  from  the  officer  commanding  the  Sumter,  in 
reply  to  mine  of  the  previous  day,  of  which  the  following  is  an  extract :  "  The  Sumter 
was  bought  and  paid  for  at  New  Orleans  by  the  confederate  government ;  that  the 
owners  of  the  then  steamer  Habana  (the  Sumter)  agreed  to  the  price  and  terms  of  sale, 
and  that  she  was  purchased  before  any  vessels  had  been  seized  in  New  Orleans  (or,  as 
far  as  I  am  aware  of,  elsewhere)  by  the  confederate  government.  I  regret  that  the  rep- 
resentative-of  any  nation  should  bring  a  charge  so  unfounded  as  that  preferred  by  the 
United  States  consul  to  his  excellency." 

As  the  notice  in  the  Chronicle  naturally  interfered  with  the  sale  of  the  Sumter,  I 
thought  it  but  fair  to  publish  the  following  notice  in  the  Chronicle,  as  the  two  state- 
ments were  so  entirely  different. 

"  Notice. 

"  Secretary's  Office,  Gibraltar,  December  11,  1862. 
"With  reference  to  the  notice  in  yesterday's  Chronicle,  his  excellency  the  governor 
has  received  the  following  statement  from  the  officer  commanding  the  Sumter : 

" '  The  Sumter  was  bought  and  paid  for  at  New  Orleans  by  the  confederate  govern- 
ment ;  that  the  owners  of  the  then  steamer  Habana  (the  Sumter)  agreed  to  the  price 
and  terms  of  sale,  and  that  she  was  purchased  before  any  vessels  had  been  seized  in 
New  Orleans  by  the  confederate  government.7 
"  By  command : 
(Signed)  "S.  FREELING, 

"Colonial  Secretary." 

I  have  consulted  the  attorney-general  on  this  subject.  From  his  opinion  I 
[45]  know  of  ^nothing  in  the  present  state  of  our  information  requiring  me  to  pre- 
vent the  sale  of  the  Sumter  in  Gibraltar. 
I  do  not  enter  into  any  other  question  than  that  connected  with  Her  Majesty's  proc- 
lamation of  neutrality,  but  I  call  your  attention  to  the  possibility  of  the  Sumter,  when 
sold,  sailing  under  the  English  flag,  when  the  capture  of  her  by  American  men-of-war 
lying  at  Algeciras  will  take  place  the  instant  she  is  three  miles  from  this  anchorage. 

I  request  your  instructions  as  to  the  power  of  registry  of  the  Sumter  as  an  English 
ship,  if  sold  here  to  English  subjects  for  the  bona-fide  purposes  of  commerce  only. 

I  understand  that  a  bill  of  sale  for  $20,000  was  signed,  thus  rendering 'possible  law 
proceedings,  with  which  there  could,  be  no  interference  by  me  unless  rendered  neces- 
sary by  proof  of  the  breach  of  Her  Majesty's  proclamation  on  the  subject  of  neutrality 
and  prizes. 

It  is  scarcely  necessary  for  me  to  call  your  attention  to  the  avowed  determination  of 
the  United  States  authorities  to  capture  the  Sumter  under  whatever  flag  she  sails  from 
hence. 

I  have,  &c, 

(Signed)  W.  J.  CODFJNGTON. 


[Inclosure  2  in  No.  43.J 
Mr.  Sprague  to  Lieutenant-General  Sir  W.  Codrington. 

Consulate  of  the  United  States  of  America, 

Gibraltar,  December  9,  1862. 
Sir:  I  have  this  moment  received  a  telegram  from  his  excellency  the  minister  of  the 
United  States  of  America  at  the  court  of  Madrid,  dated  this  day,  12  m.,  in  the  follow- 
ing terms : 

"  Announce  officially  that  the  steamer  Sumter  being  a  war-prize  made  by  the  insur- 
gents of  the  United  States,  and  truly  the  property  of  citizens  of  that  Republic;  being 
likewise  included  in  the  terms  pointed  out  in  the  order  in  council  of  Her  Britannic 
Majesty  against  the  sale  of  any  prize  in  this  war  in  the  dominions  of  Her  Majesty,  it 


74  TREATY    OF   WASHINGTON. 

cannot  be  lawfully  sold  in  Gibraltar ;  and  that  the  sale  announced  will  not  be  respected 
by  the  war-vessels  of  the  United  States,  but  that  the  Sumter  will  be  taken  wherever 
it  may  be  found  on  the  high  seas,  or  within  American  jurisdiction,  and  taken  before 
the  competent  tribunal  for  its  adjudication." 

In  face  of  which,  I  must  protest  in  the  name  of  the  Government  of  the  United  States 
of  America,  as  its  representative  at  this  port,  against  any  sale  of  the  steamer  Sumter 
taking  place  in  this  city,  with  the  concurrence  of  the  British  authorities. 

I  have,  &c, 

(Signed)  H.  J.  SPRAGUE, 

United  States  Consul. 


[Inclosure  3  in  No.  43.] 

Captain  Freeling  to  Mr.  Sprague. 

Secretary's  Office,  Gibraltar,  December  10,  1882. 
Sir  :  I  am  directed  by  the  governor  to  acknowledge  the  reeeipt  of  your  letter  dated  9th 
instant,  on  the  subject  of  the  sale  of  the  Sumter.    His  excellency  desires  me  to  inform 
you  that  you  have  not  furnished  any  such  proof  of  the  Sumter  being  a  prize  as  to 
justify  his  interference  with  a  mercantile  transaction. 
I  am,  &c, 
(Signed)  S.  FREELING, 

Colonial  Secretary. 


[Inclosure  4  in  No.  43.] 

Mr.  Sprague  to  Captain  Freeling. 

Consulate  of  United  States  of  America, 

Gibraltar,  December  10,  1862. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  dispatch  of  to-day's  date, 

and  in  reply  I  beg  to  state  that  I  am  not  instructed  by  the  Government  of  the  United 

[46]     *  States  to  enter  into  the  question  proposed  in  your  said  dispatch ;  as  to  which  I 

may,  however,  observe  that  there  can  be  no  doubt  that  the  sale  of  the  steamer 

Sumter  is  in  fact  a  sale  for  the  purpose  of  avoiding  a  capture  by  the  cruisers  of  the 

United  States;  such  sale  for  such  purpose  within  the  jurisdiction  of  a  neutral  State 

is,  I  apprehend,  illegal,  and  opposed  to  the  strict  law  of  neutrality,  if  sanctioned  by  the 

government  of  such  neutral  state. 

In  conformity  with  the  tenor  of  my  instructions  contained  in  the  official  telegram  of 
yesterday,  of  which  I  had  the  honor  to  remit  a  copy  to  his  excellency  the  governor,  I 
nave  only  to  protest  in  the  name  of  the  Government  against  any  such  sale  in  this  port 
of  the  said  steamer  Sumter  as  is  proposed,  and  to  point  out  the  consequences  following 
upon  such  sale.  It  only  remains  for  me  to  reiterate  that  protest,  and  respectfully  to 
request  the  attention  of  his  excellency  the  governor  thereto. 
I  have,  &c, 
(Signed)  '  H.  J.  SPRAGUE, 

United  States  Consul. 


[Inclosure  5  in  No.  43.] 
Captain  Freeling  to  Mr.  Sprague. 

Secretary's  Office,  Gibraltar,  December  10,  1862. 
Sir:  I  am  directed  by  the  governor  to  acknowledge  the  receipt  of  your  letter  of  this 
day's  date,  and  in  reply  to  remark  that  your  protest  of  yesterday  was  made  on  the 
ground  that  the  Sumter  was  a  prize  made  from  the  Federals  by  the  confederates,  and 
therefore  truly  the  property  of  the  former. 

Now,  however,  you  state  a  different  ground,  viz,  that  the  sale  is  for  the  purpose  of 
avoiding  a  capture  by  the  cruisers  of  the  United  States,  and  therefore  illegal. 

The  governor  wishes  to  know  upon  which  of  these  two  grounds  you  now  make  your 
protest,  as  your  last  seems  somewhat  incompatible  with  the  first  which  he  received 
from  you  yesterday. 
I  have,  &c.,. 
(Signed)  S.  FREELING, 

Colonial  Secretary. 

I 


BRITISH    CASE    AND    PAPERS.  75 

[Inclosure  6  in  No.  43.] 

Mr.  Sprague  to  Captain  Freeling. 

Consulate  of  the  United  States  op  America, 

Gibraltar,  December  11,  1862. 
Sir  :  I  beg  to  acknowledge  the  receipt  of  your  letter  of  the  10th  instant,  in  reply  to 
my  communication  of  the  same  date,  on  the.  subject  of  the  proposed  sale  of  the  steamer 
Sumter. 

The  telegram  from  his  excellency  the  minister  plenipotentiary  of  the  United  States 
at  the  court  of  Madrid,  of  which  I  had  the  honor  to  forward  a  copy  to  his  excellency 
the  governor  on  the  9th  instant,  contains  the  instructions  upon  which  I  have  acted  in 
protesting  against  the  above  sale,  as  I  necessarily  had  to  consider  it  my  duty  to  do. 

I  am,  however,  quite  unable  to  see  the  incompatibility  of  what  was  stated  by  me  in 
my  letter  of  yesterday,  with  the  ground  set  forth  for  the  protest  in  question,  as  it  was 
simply  an  observation  which  appeared  to  me  to  bear  upon  the  question,  and  not  to  be 
inconsistent  with  the  views  set  forth  in  the  telegram. 
I  have,  &c, 
(Signed)  H.  J.  SPRAGUE, 

United  States  Consul. 


I 

[Inclosure  7  in  2s  o.  43.] 

Captain  Freeling  to  Lieutenant  Chapman,  C.  S.  N. 

Secretary's  Office,  Gibraltar,  December  10,  1862. 
Sir  :  I  am  directed  by  the  governor  to  inform  you  that  he  has  received  a  protest  from 
the  United.  States  consul  in  this  city,  against  the  sale  of  the  Sumter,  on  the 
[47]     ground  of  her  *  being  a  war  prize  made  by  the  confederates,  and  truly  the  prop- 
erty of  citizens  of  the  United  States',  in  case  you  may  wish  to  offer  any  remarks 
on  the  subject. 

I  have,  &c, 

(Signed)  S.  FREELING, 

Colonial  Sewetary. 


[Icclosure  8  in  Xo.  43.] 

Lieutenant  Chapman,  C.  S.  K.,  to  Captain  Freeling. 

Confederate  States  Steamer  Sumter, 

Bay  of  Gibraltar,  December  11,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  10th  instant,  in- 
forming me  of  the  protest  of  the  United  States  consul  at  Gibraltar  "  against  the  sale 
of  the  Sumter,  on  the  ground  of  her  being  a  war-prize  made  by  the  confederates,  and. 
truly  the  property  of  citizens  of  the  United  States." 

I  wish  to  state  to  his  excellency  that  the  Sumter  was  bought  and  paid  for  at  New 
Orleans  by  the  confederate  government ;  that  the  owners  of  the  then  steamer  Habana 
(the  Sumter)  agreed  to  the  price  and  terms  of  sale,  and  that  she  was  purchased  before 
any  vessel  had  been  seized  in  New  Orleans,  or  (as  far  as  I  am  aware  of)  elsewhere  by 
the  confederate  government.  I  regret  that  the  representative  of  any  nation  should 
bring  a  charge  so  unfounded  as  that  preferred  by  the  United  States  consul  to  his 
excellency. 

I  have,  &c, 

(Signed)  R.  T.  CHAPMAN. 


Xo.  44. 
Major  General  Sir  E.  Lugarcl  to  Mr.  Hammond. 

War  Office, 
December  2Q,  1862.     (Received  December  26.) 
Sir  :  With  reference  to  my  letter  of  the  24th  instant,  relating  to  the 
intended  sale  at  Gibraltar  of  the  confederate  steamer  Sumter,  I  am 


76  TREATY    OF    WASHINGTON. 

directed  by  the  secretary  of  state  for  war  to  request  that  you  will  ac- 
quaint Earl  Russell  that  the  following  telegram  was  received  at  this 
office  on  Wednesday  night  from  Lieutenant-General  Sir  W.  J.  Cod- 
rington : 

The  Sumter  ia  sold  bona  fide  to  a  Liverpool  merchant ;  he  has  demanded  register. 
Am  I  to  give  it  ?  The  Sumter  went  round  the  Rock  this  morning,  and  was  closely  fol- 
lowed by  an  American  ship  of  war  from  Algeciras. 

I  have,  &c, 

(Signed)  EDWARD  LUGARD. 


No.  45. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  December  30,  1862.     (Received  December  30.) 

My  Lord  :  On  the  19th  of  this  month,  I  am  informed  by  the  consul 
of  the  United  States  at  Gibraltar  that  a  public  sale  is  said  to  Imve  been 
made  of  the  steamer  Sumter,  a  vessel  which  had  committed  much  depre- 
dation- upon  the  commerce  of  the  United  States,  and  which  had  taken 
shelter  in  that  port  from  pursuit  by  the  national  ships. 

Having  the  strongest  reason,  from  the  known  character  and  previous 
conduct  of  the  alleged  purchaser,  to  believe  that  this  sale  is  effected 
solely  for  the  purpose  of  rescuing  the  vessel  from  its  present  position, 
and  of  making  use  of  Her  Majesty's  flag  to  convert  it  to  new  purposes 
of  hostility  to  the  United  States,  I  must  pray  your  lordship's  attention 
to  the  necessity  under  which  I  am  placed  of  asking  the  assistance  of  Her 
Majesty's  government  to  prevent  any  risk  of  damage  to  the  United 
States  from  a  fraudulent  transaction  in  one  of  her  ports,  or,  in  default 
of  it,  of  declining  to  recognize  the  validity  of  the  transfer  should  ttiat. 
vessel  subsequently  be  found  by  the  armed  ships  of  the  United  States 
sailing  on  the  high  seas. 
Renewing,  &c, 
(Signed)  CHARLES  FRAXCIS  ADAMS. 


[48]  *]NTo.  46. 

Major- General  Sir  E.  Lugard  to  Mr.  Hammond. 

[Immediate.] 

War  Office, 
December  31,  1862.     (Received  December  31.) 
Sir  :  With  reference  to  my  letter  of  the  26th  instant,  I  am  directed 
by  Secretary  Sir  George  Lewis  to  transmit  to  you,  for  the  information  of 
Earl  Russell,  the  accompanying  copy  of  a  dispatch,  dated  25th  instant, 
from  the  governor  of  Gibraltar,  reporting  the  movements  of  the  steamer 
Gibraltar  (late  Sumter)  and  the  United  States  gun-boat  Chippewa. 
I  am,  &c, 
(Signed)  EDWARD  LUGARD. 


BRITISH    CASE    AND    PAPERS.  77 

flnclosure  in  No.  46.] 
Lieutenant- General  Sir  W.  Codrington  to  Sir  G.  Lewis. 

Gibraltar,  December  25  1862. 

Sir  :  I  have  the  honor  to  inform  you  that  the  steamer  Gibraltar  (late  Sumter)  has 
had  a  captain  and  crew  appointed  to  her  by  the  purchaser,  Mr.  Klingender. 

Yesterday  the  captain  tried  the  engines,  but  instead  of  confining  himself  to  a  small 
turn  in  the  anchorage,  steamed  along  the  west  side  of  the  Rock  to  Europa.  I  observed 
the  Chippewa  United  States  gun-boat  leave  her  anchorage  at  Algeciras  and  come  across 
the  bay  toward  the  Gibraltar;  the  crew  appeared  to  be  at  quarters  loading  the  forward 
pivot-gun. 

The  Chippewa  kept  a  course  toward  our  waters,  and  toward  the  Gibraltar,  which 
was  under  English  colors ;  she  may  or  may  not  have  entered  within  the  three  miles 
distance.  On  the  Gibraltar  turning  back  from  Europa,  the  Chippewa  lay  to  for  a  short 
time,  but  on  the  Gibraltar,  after  her  return  to  the  anchorage,  making  another  turn 
toward  Europa,  the  United  States  vessel  again  came  toward  her.  The  two  vessels 
returned  to  their  respective  anchorages. 

This  morning  the  Chippewa  has  left  Algeciras  and  is  now  at  anchor  in  Sandy  Bay, 
near  Cabrita  Point,  which  is  the  west  point  of  Gibraltar  Bay. 
I  have  it  c 
(Signed)    '  W.  J.  CODRINGTON. 


No.  47. 
Major- General  Sir  E.  Lugard  to  Mr.  Hammond. 

[Immediate.] 

War  Office, 
December  31,  1862.  (Received  December  31.) 
Sir  :  With  reference  to  my  letter  of  the  26th  instant,  respecting  the 
application  from  the  purchaser  of  the  confederate  steamer  Sumter  to  be 
permitted  to  register  that  vessel  at  Gibralter,  I  am  directed  by  the  sec- 
retary of  state  for  war  to  transmit  to  you,  for  the  consideration  of  Earl 
Russell,  the  inclosed  copy  of  a  dispatch  from  Lieutenant-General  Sir 
William  Codrington,  forwarding  a  correspondence  which  had  passed 
with  Mr.  Klingender  on  the  subject. 

Sir  George  Lewis  will  be  glad  to  be  furnished  with  Earl  Russell's 
opinion  upon  the  question  thus  raised  at  an  early-  date. 
I  have,  &c, 
(Signed)  EDWARD  LUGARD. 


[49]  |  Enclosure  1  in  No.  47.] 

Lieutenant- General  Sir  TV.  Codrington  to  Sir  E.  Lugard. 

Gibraltar,  December  24,  1862. 

Sir  :  I  have  the  honor  to  inform  you  that  I  received  this  morning  an  application 
from  Mr.  M.  T.  Klingender,  (copy  inclosed,)  applying  for  a  registry  for  the  Sumter, 
which  he  has  purchased. 

To  his  application  I  have  replied  that  under  the  peculiar  circumstances  of  the  pre- 
vious commission  of  the  Sumter,  her  sale  in  these  waters,  and  the  declaration  that  she 
will  be  taken  by  the  American  Navy  under  whatever  flag  she  sails,  I  have  thought  it 
my  duty  to  await  instructions  from  government. 

I  inclose  a  copy  of  this  letter. 

(Signed)    '  '    W.  J.  CODRINGTON. 


78    '  TREATY    OF    WASHINGTON. 

[Inclosure  2  in  No.  47.] 
Mr.  Klingender  to  Lieutenant-General  Sir  W.  Codrington. 

Gibraltar,  December  23,  1862. 

Sir  :  I  annex  a  copy  of  a  letter  addressed  to  the  captain  of  the  port  requesting  that 
I  might  be  granted  a  register  for  the  screw-steamship  Gibraltar,  late  confederate  ves- 
sel Sumter,  which  ship  I  purchased  on  the  19th  instant  at  a  public  auction  here,  and 
the  captain  of  the  port  informed  me  that  your  excellency  was  the  registrar  for  Gibral- 
tar. I  therefore  beg  that  you  will  grant  me  a  register  for  the  Gibraltar  on  my  sign- 
ing the  usual  declaration  under  oath  taken  in  such  cases  according  to  British  law. 

The  vessel,  I  believe,  was  employed  in  the  trade  between  Havana  and  New  Orleans 
under  the  name  of  the  Habana,  and  was  regularly  sold  in  the  port  of  New  Orleans. 

In  order  not  in  any  way  to  compromise  the  British  government,  I  desire  permission 
to  land  at  any  place  designated,  and  entirely  under  the  control  of  your  excellency,  the 
battery  now  on  board  said  ship,  which  was  given  to  any  bidder  who  might  ultimately 
be  th.e  purchaser  of  the  vessel ;  this  I  may  be  able  at  some  other  time  to  dispose  of, 
when  I  trust  your  permission  will  be  given  to  remove  it  from  the  port.  The  Moors 
have  been  mentioned  to  me  as  most  likely  to  become  purchasers  of  it. 

I  was  informed  by  the  authorities  at  the  customs  in  Liverpool  that  I  should  experi- 
ence no  difficulty  in  procuring  her  a  register,  or  its  equivalent,  should  I  become  the  pur- 
chaser of  the  vessel. 
I  remain,  &c, 
(Signed)    .  M.  G.  KLINGENDER. 


"  [Inclosure  3  in  No.  47.] 

Mr.  Klingender  to  the  captain  of  the  port,  Gibraltar. 

Gibraltar,  December  22,  1862. 
Str  :  Having  purchased  on  Friday  last,  at  public  auction,  the  screw-steamship  Sum- 
ter* lying  in  the  harbor,  for  the  sum  of  $19,500,  with  the  view  of  using  her  solely  as 
a  merchant-vessel,  I  have  to  request  you  will  grant  me  a  register  for  said  vessel,  being 
a  natural-born  British  subject. 
I  remain,  &c, 
(Signed)  M.  G.  KLINGENDER. 


[50]  *  [Inclosure  4  in  No.  47.] 

Captain  Freeling  to  Mr.  Klingender. 

Secretary's  Office, 

Gibraltar,  December  24,  1862. 
Sir  :  With  reference  to  your  letter  of  yesterday's  date,  applying  for  a  registry  of  the 
steamship  Gibraltar,  late  Sumter,  which  you  have  purchased,  I  am  directed  by  the 
governor  to  inform  you  that,  under  the  circumstances  of  the  previous  commission  of 
this  vessel,  her  sale  in  these  waters,  and  the  official  declaration  that  she  will  be  cap- 
tured at  sea  by  the  American  Navy,  under  whatever  flag  she  sails,  his  excellency  has 
thought  it  his  duty  to  write  for  instructions  to  England,  and  must  therefore  await 
such  instructions  before  taking  any  further  steps  in  the  matter. 
I  have,  &c, 
(Signed)  S.  FREELING, 

Colonial  Secretary. 


No.  48. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 

Decemher  31,  18G2.     (Beceived  December  31.) 

Sir:  With  reference  to  my  letter  of  the  24th  instant  I  am  commanded 

by  my  lords  commissioners  of  the  admiralty  to  send  you  herewith,  for 

the  information  of  Her  Majesty's  secretary  of  state  for  foreign  affairs, 

a  copy  of  a  letter  from  Captain  Ommanney,  the  senior  officer  at  Gribral- 


BRITISH    CASE    AND    PAPERS.  79 

tar,  dated  the  25th  instant,  requesting  instructions  with  regard  to  the 
late  confederate  vessel  Sumter,  which  has  been  sold  at  Gibraltar  to  a 
British  merchant. 

Captain  Ommanney  has  been  informed  by  telegram  that  the  Sumter 
having  been  a  vessel  of  war  cannot  be  granted  a  British  register,  unless1 
instructions  to  that  effect  are  sent  from  Her  Majesty's  government. 

I  am,  &c, 

(Signed)  W.  G.  BOMAINE. 


[Inclosure  in  No.  48.  J 
Captain  Ommanney  to  the  secretary  to  the  admiralty. 

Procris,  Gibraltar,  December  25,  1862. 
My  Lord  :  With,  reference  to  my  letter  of  the  24th  instant,  I  desire  to  inform  the 
lords  commissioners  of  the  admiralty  that  his  excellency  the  governor  has  referred  to 
the  home  authorities  on  the  point  as  to  whether  a  British  register  can  be  furnished  to 
the  Sumter. 

The  Sumter  has  now  hoisted  British,  colors  and  taken  the  name  of  Gibraltar.  She 
got  under  way  yesterday  to  try  her  engines,  upon  which  the  United  States  steam- 
sloop  of  war,  stationed  oft  Algeciras,  instantly  steamed  across  to  reconnoiter,  with  her 
crew  standing  at  the  guns ;  thus  evincing  the  determination  which  has  been  notified 
to  take  the  Sumter  on  the  high  seas. 

I  have  now  to  request  you  will  move  their  lordships  to  furnish  me  with  instructions 
as  to  whether  I  am  to  protect  the  Sumter  across  the  seas  to  a  neutral  port,  provided 
the  vessel  produces  a  legal  British  register  and  other  necessary  documents  entitling 
her  to  become  British  property. 

I  request  instructions,  because  that  I  am  doubtful  whether  it  is  preserving  strict 
neutrality  to  protect  a  vessel  which  has  been  a  belligerent  vessel  of  war,  and  has 
assumed  another  nationality  in  a  neutral  port. 
I  have,  &c, 
(Signed)  E.  OMMANNEY. 

P.  S. — United  States  vessels  of  war  are  at  Cadiz  or  the  neghborhood.  I  submit 
therefore  that,  if  protection  is  sanctioned,  the  force  would  be  sufficient  and  effectual, 
in  order  to  avoid  all  risks  from  attack. 

E.  0. 


[51]  *Xo.  49. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 
December  31,  1862.     (Eeceived  December  31.) 
Sir  :  With  reference  to  my  letter  of  the  24th  instant,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  send  you  here- 
with, for  the  information  of  Her  Majesty's  secretary  of  state  for  foreign 
affairs,  a  copy  of  a  letter  from  Captain  Ommanney,  the  senior  naval  officer 
at  Gibraltar,  dated  the  24th  instant,  with  copies  of  its  inclosures,  relat- 
ing to  the  Sumter. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 


[Inclosure  1  in  No.  49.] 

Captain  Ommanney  to  the  secretary  to  the  admiralty. 

Procris,  at  Gibraltar,  December  24,  1862. 
My  Lord  :  Herewith  I  have  the  honor  to  transmit,  for  the  consideration  of  the  lords 
commissioners  of  the  admiralty,  a  communication  addressed  to  me  from  his  excellency 
the  governor,  together  with  inclosures,  in  which  the  minister  of  the  United  States  of 


80  TREATY    OF   WASHINGTON. 

America  declares  the  intention  of  seizing  the  Sumter  on  the  high  seas  by  United  States 
vessels  of  war. 

The  Sumter  steam-sloop,  which  belonged  to  the  so-called  Confederate  States,  was 
sold,  a  few  days  ago,  to  a  British  merchant,  who  came  from  Liverpool  expressly  to 
purchase  this  vessel.  She  now  carries  the  British  flag,  but  is  not  yet  provided  with  a 
British  register. 

Previous  to  the  sail  being  made,  a  protest  was  made  on  the  part  of  the  United  States 
Government,  which  was  notified  in  the  Gibraltar  Gazette. 

A  United  States  steamer  sloop  of  war  is  now  lying  at  Algeciras,  where  they  have 
had  a  vessel  stationed  to  watch  the  Sumter  since  she  was  laid  up  at  this  port.  I  have 
to  request  you  will  be  pleased  to  move  their  lordships  to  give  me  instructions  how  I 
am  to  act,  whether  the  Sumter  is  to  be  protected  against  capture  by  the  United  States 
vessels  of  war,  and  in  case  that  application  is  made  for  convoy  if  such  is  to  be  granted. 

Her  Majesty's  ship  Firebrand  is  the  ship  stationed  here  under  my  orders. 
'  I  have,  &c, 
(Signed)  E.  OMMANNEY. 


[Inclosure  2  in  No.  49.  J 

Captain  Freeling  to  Captain  Ommanney. 

Secretary's  Office,  Gibraltar,  December  22,  1862. 
Sir  :  I  am  directed  by  his  excellency  the  governor  to  transmit,  for  your  information, 
the  accompanying  copy  of  a  letter  received  from  the  United  States  consul  in  this  city 
embodying  a  telegram  from  the  minister  of  the  United  States  of  America  at  the  court 
at  Madrid,  on  the  subject  of  the  sale  of  the  Sumter,1  now  lying  in  this  bay,  which  sale, 
he  states,  will  not  be  respected  by  the  vessels  of  that  Government,  and  that  the  Sum- 
ter will  be  taken  wherever  she  may  be  found  on  the  high  seas,  or  within  Americau 
jurisdiction. 

I  am,  &c, 

(Signed)  S.  FREELING, 

Colonial  Secretary. 

P.  S. — A  translation  of  the  telegram,  which  is  in  the  Spaiiish  language,  is  herewith 
forwarded. 

S.  F. 


[Inclosure  3  in  No  49.  J  '    . 

Mr.  Sprague  to  Lieutenant- General  Sir  W.  Codrington,  December  9,  1862. 
[See  inclosure  2  in  No.  43.] 


[52]  ,    *No.  50. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  1,  1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  30th  ultimo,  calling  my  attention  to  the  circumstances  attending 
the  sale  of  the  steamer  Sumter  at  Gibraltar ;  and  I  have  the  honor  to 
state  to  you,  in  reply,  that  the  law-officers  of  the  Crown  have  already 
the  case  before  them. 
I  am,  &c, 
(Signed)  EUSSELL. 

1  Sumter  is  now  sold  to  a  British  subject,  and  has  hoisted  English  colors. — S.  F. 


BRITISH    CASE    AND    PAPERS.  81 

No.  51. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Temple,  January  1,  1863.  (Eeceived  January  1.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified  in. 
Mr.  Layard's  letter  of  the  24th  ultimo,  stating  that  he  was  directed  by 
your  lordship  to  transmit  to  us  a  letter  from  the  admiralty  stating  that 
the  following  telegram,  in  cipher,  had  been  received  from  the  senior 
naval  officer  at  Gibraltar,  viz: 

Confederate  steamer  sold  to  British  owners.  United  States  minister  notifies  the  sale 
will  not  be  respected  by  war-vessels,  and  that  Sumter  will  be  taken  on  the  high  seas 
when  the  vessel  sails.    Instructions  requested. 

That  the  admiralty,  referring  to  the  case  of  the  Minerva,  (6  Robinson's 
Admiralty  Reports,  pages  396  and  399,)  request  to  be  informed  whether 
the  senior  officer  should  be  told,  in  reply,  that  the  sale  is  invalid,  an  d 
will  not  be  supported  by  Her  Majesty's  government. 
•  Mr.  Layard  was  to  request  that  we  would  take  the  case  into  consider- 
ation, and  furnish  your  lordship,  at  our  earliest  convenience,  with  our 
opinion  as  to  the  course  which  Her  Majesty's  government  ought  to  pur- 
sue in  the  matter. 

We  are  also  honored  with  Mr.  Layard's  second  letter,  dated  26th 
ultimo,  stating  that,  with  reference  to  his  letter  of  the  24th,  he  was 
directed  by  your  lordship  to  transmit  to  us  a  copy  of  the  letter  from  the 
war  office  transcribing  a  further  telegram  received  from  Gibraltar  re- 
specting this  case,  and  to  request  that  we  would  take  the  same  into  our 
consideration,  and  report  to  your  lordship  our  opinion  as  to  the  answer 
which  should  be  returned  thereto. 

In  obedience  to  your  lordship's  commands,  we  have  taken  these  papers 
into  consideration,  and  have  the  honor  to  report — 

That  we  are  clearly  of  opinion  that  the  authorities  at  Gibraltar  ought 
not  to  have  prohibited  the  sale  of  the  Sumter  at  Gibraltar.  The  United 
States  consul's  statement  that  Jhe  Sumter  had  been  taken  as  prize 
appears  to  be  unwarranted,  and  one  to  which  no  attention  is  due. 

With  respect  to  the  probability  and  the  lawfulness  of  the  capture  of 
the  Sumter  on  the  high  seas  by  a  United  States  cruiser,  we  have  to 
remark  that  her  seizure  for  the  purpose  of  investigation  and  trial  in 
the  Federal  prize  court  would  certainly,  in  the  circumstances,  be  justifia- 
ble and  lawful. 

We  do  not  think  it  necessary  for  us  now  to  express  any  final,  opinion 
upon  the  question  of  prize-law,  whether  the  purchase  of  the  Shmter  at 
Gibraltar  by  a  neutral  was  or  was  not  lawful. 

The  present  judge  of  the  admiralty  court  decided  (1855)  that  the  sale 
of  a  single  ship  to  a  neutral  by  a  belligerent  during  war  was  lawful 
where  payment  was  made  of  the  purchase-money,  and  the  title  and  in- 
terest of  the  belligerent  vendor  wholly  divested.  And  he  said,  "  It 
matters  not,  generally  speaking,  where  the  ship  was  lying  at  the  period 
of  such  a  sale,  provided  she  was  not  in  transitu,  nor  lying  in  a  blockaded 
port."    (The  Baltica,  Spink's  Prize  Oases,  p.  271.) 

This,  however,  is  not  inconsistent  with  the  doctrine  of  Lord  Stowell, 
(the  Minerva,  6  Robinson's  Admiralty  Reports,  p.  401,)  that  the  pur- 
chase by  a  neutral  from  a  belligerent  of  a  vessel  built  (or  indeed  used) 
for  war,  but  rendered  incapable  of  acting  as  a  ship  of  war  by  the  arms 
of  the  other  belligerent,  and  driven  into  a  neutral  port  for  shelter,  is 
unlawful,  as  tending  to  enable  the  enemy  to  rescue  himself  from  the  dis- 
advantage into  which  he  has  fallen. 
H.  Ex.  282,  vol.  ii 6 


82  TREATY    OF   WASHINGTON. 

It  is  true  that  the  transfer  of  enemy's  merchant-ships,  so  driven 
[53]  into  port,  to  neutrals,  *has,  after  much  doubt,  been  held  legal  by 
English  prize  courts,  and  that  in  the  particular  case  decided  by 
Lord  Stowell  the  transfer  was  of  a  ship  of  war  from  a  belligerent  to  a 
neutral ;  but  the  Sumter  may  properly  be  considered  as  being  at  the 
time  of  the  sale  in  the  same  category,  though  to  be  used  by  the  pur- 
chaser for  commercial  purposes  only. 

And,  on  the  whole,  we  incline  strongly  to  the  opinion  that  her  condem- 
nation in  the  Federal  prize-court  would  not  warrant  any  interference  on 
the  part  of  Her  Majesty's  government. 

As  regards  the  question  contained  in  the  last  telegram  from  Sir  W. 
J.  Oodrington,  whether  on  the  demand  of  the  Liverpool  merchant,  who 
is  supposed  to  have  made  a  bona-Jide  purchase  of  the  Sumter,  he  ought 
to  be  registered  as  a  British  owner  of  the  ship,  we  think  the  answer 
should  be  in  the  affirmative.  It  will  be  understood  that,  in  advising 
this  answer,  we  take  for  granted  that  the  several  requirements,  with 
reference  to  registration,  of  "  the  merchant-shipping  act,  1854,"  part 
II,  (so  far  as  applicable,)  will  be  complied  with. 
Wp  have   &i(* 

(Signed)  '  WILLIAM  ATHERTOK 

ROUNDELL  PALMER. 
ROBERT  PHILLIMORE. 


No.  52. 
♦  Mr.  Hammond  to  the  secretary  to  the  admiralty.1 

Foreign  Office,  January  2, 1863. 

Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  inform 
the  lords  commissioners  of  the  admiralty  that  he  lost  no  time  in  refer- 
ring to  the  consideration  of  the  law-officers  of  the  Crown  the  circum- 
stances respecting  the  Sumter,  stated  in  your  letter  of  the  24th  ultimo, 
and  in  the  letters  from  the  war  department  of  the  24th  and  26th  ultimo ; 
and  I  am  now  to  transmit  to  you,  for  the  information  of  the  board  of 
admiralty,  a  copy  of  a  report  which  Lord  Russell  has  received  from  the 
law-officers.2 

Their  lordships  will  observe  that  this  report  was  made  without  refer- 
ence to  the  further  letters  received  on  the  31st  ultimo  from  the  board 
of  admiralty,  and  to  letters  received  on  the  same  day  from  the  war 
department,  which  letters  were  sent  without  delay  to  the  law-officers, 
whose  further  report  may,  therefore,  be  shortly  expected,  and  will  be 
communicated  to  the  board  of  admiralty. 

But  it  sufficiently  appears  from  the  report  now  sent  to  you  that  the 
law-officers  are  of  opinion  that  the  question  of  the  liability  of  the  Sum- 
ter to  condemnation  as  prize,  if  captured  under  her  present  ownership, 
is  one  for  the  decision  of  a  Federal  prize-court,  and  that  her  capture  for 
the  purposes  of  investigation  and  trial  in  such  court  would  be  justifiable 
and  lawful. 

Under  these  circumstances  it  seems  expedient  that  no  time  should  be 
lost  in  instructing  the  naval  and  military  authorities  at  Gibraltar  not 
to  interfere  with  any  ship  belonging  to  the  United  States  which  may 
capture  the  Sumter  out  of  British  waters  without  positive  instructions 
from  home. 

1  A  similar  letter  was  addressed  to  the  war  office.  s  No.  51. 


BRITISH    CASE    AND    PAPERS.  83 

It  seems  also  desirable  that  the  British  purchaser  of  the  Sumter  should 
be  warned  that  Her  Majesty's  ships  will  not 'interfere  to  protect  the 
Sumter  from  capture. 

I  have  addressed,  by  Lord  Russell's  directions,  a  similar  letter  to  the 
war  department. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  53. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 
January  2,  1863.     (Eeceived  January  2.) 
Sir  :  With  reference  to  your  letter  of  to-day,  inclosing  a  copy  of  a  re- 
port which  Lord  Kussell  has  received  from  the  law-officers  of  the  Crown, 
relative  to  the  liability  of  the  Sumter  to  condemnation  as  prize  if  cap- 
tured under  her  present  ownership,  I  am  commanded  by  my  lords  com- 
missioners of  the  admiralty  to  inform  you  that  a  telegram  has  been 
sent  in  cipher  to  the  senior  naval  officer  at  Gibraltar,  directing 
[54]      that  no  protection  *is  to  be  afforded  to  the  Sumter  beyond  one 
league  from  British  territory ;  the  purchaser  of  that  ship  is  to  be 
so  informed. 

I  have,  &c, 

(Signed)  W.  G.  ROMAINE. 


No.  54. 

The  law-officers  of  the  Croicn  to  Earl  Russell. 

Temple,  January  5,  1863.  (Received  January  6.) 
My  Lord  :  We  are  honored  with  your  lordship's,  commands  signified 
in"  Mr.  Hammond's  four  several  letters,  dated  the  31st  ultimo,  stating 
that  he  was  directed  by  your  lordship  to  transmit  to  us  a  copy  of  a  let- 
ter from  the  United  States  minister  at  this  court,  calling  your,  lordship's 
attention  to  the  sale  of  the  vessel  Sumter  at  Gibraltar ;  also  two  letters 
from  the  war  department,  copies  of  a  letter  from  the  board  of  admi- 
ralty and  of  its  inclosures,  and  a  further  letter  from  the  admiralty, 
together  with  its  inclosures,  all  on  the  same  subject;  and  that  he  was 
to  request  that  we  would  take  these  further  papers,  together  with  those 
previously  transmitted  to  us,  into  our  consideration,  and  furnish  your 
lordship  with  our  opinion  therefrom. 

In  obedience  to  your  lordship's  commands,  we  have  taken  these  fur- 
ther papers  into  consideration,  and  have  the  honor  to  report — 

That  they  do  not  appear  to  us  to  render  necessary  any  alteration  in 
the  report  which  we  have  already  had  the  honor  to  make  in  this  case. 
It  may,  however,  be  expedient  to  state  explicitly  that  we  are  of  opinion 
that  the  Sumter  cannot  be  protected  by  any  of  Her  Majesty's  ships 
beyond  the  territorial  waters  of  Gibraltar — that  is,  beyond  the  distance 
of  three  miles  from  the  shore. 
We  have,  &c, 
(Signed)  WM.  ATHERTON. 

ROUNDELL  PALMER. 
ROBERT  PHILLIMORE. 


84  TREATY    OF   WASHINGTON. 

No.  55. 
Mr.  Hammond  to  the  secretary  to  the  admiralty.1    . 

Foreign  Office,  January  6, 1863. 
Sir  :  With  reference  to  my  letter  of  the  2d  instant,  I  am  directed  by- 
Earl  Eussell  to  transmit  to  you  a  copy  of  a  further  report  from  the  law- 
officers  of  the  Crown  upon  the  case  of  the  Sumter  ;2  and  I  am  to  request 
that,  in  laying  the  same  before  the  lords  commissioners  of  the  admi- 
ralty, you  will  suggest  that,  in  accordance  with  the  advice  of  the  law- 
officers,  the, military  authorities  at  Gibraltar  should  be  explicitly  in- 
formed that  the  Sumter  cannot  be  protected  by  any  of  Her  Majesty's 
ships  beyond  the  territorial  waters  of  that  fortress,  i.  e.,  beyond  the 
distance  of  three  miles  from  the  shore. 

I  am,  &.c, 

(Signed)  E.  HAMMOND. 


No.  56, 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  15,  1863. 
Sir  :  With  reference  to  my  letter  of  the  1st  instant,  in  which  I 
acknowledged  the  receipt  of  your  letter  of  the  30th  ultimo  respecting 
the  sale  of  the  Sumter  at  Gibraltar,  1  have  now  the  honor  to  inform  you 
that  Her  Majesty's  naval  and  military  officers  at  that  port  have  received 
instructions  not  to  give  any  protection  to  that  vessel  beyond  the  waters 
of  Gibraltar;  but  it  will  of  course  be  clearly  understood  that  those  in- 
structions do  not  preclude  the  owners  of  the  Sumter — if  that  vessel 
should  be  taken  by  United  States  cruisers — from  appealing,  according 
to  the  usage  and  practice  of  international  law,  to  a  prize-court  in  the 
United  States,  against  the  captors ;  nor  will  Her  Majesty's  government 
be  precluded  from  taking  any  course  which  may  hereafter  appear  to 
them  proper,  if  the  Sumter  (now  assumed  to  be  British  property) 
should  be  hereafter  condemned  or  otherwise  dealt  with  in  any  manner 
which  might  not  be  in  their  judgment  warranted  by  international  law. 
I  am,  &c, 
(Signed)  EUSSELL. 


;  [55]  *No.  57. 

Mr.  Galton  to  Mr.  Hammond. 

.  War  Office, 
January  20, 1863.  (Received  January  21.) 
iSiR :  With  reference  to  the  previous  correspondence  respecting  the 
■s«Ae  by  the  confederate  government  of  the  steamer  Sumter,  I  am 
directed  by  the  secretary  of  state  for  war  to  transmit  to  you,  for  the  in- 
formation of  Earl  Russell,  the  inclosed  copy  of  a  dispatch  from  Lieuten- 
ant-General  Sir  William  Oodrington,  in  which  he  reports  that  the  pro- 

1  A  similar  letter  was  addressed  to  the  war  office.  *  No.  54. 


BRITISH   CASE   AND   PAPERS.         •  85 

visions  of  the  merchant-shipping  act  having  been  complied  with,  a  cer 
tificate  of  registry  has  been  granted  to  this  vessel,  which  is  now  called 
the  Gibraltar. 

I  have,  &c, 

(Signed)  DOUGLAS  GALTOK 


[Inclosure  1  in  No.  57.] 
Lieutenant  General  Sir  W.  Codrington  to  Sir  G.  Leans. 

Gibraltar,  January  10, 1863. 

Sir  :  With  reference  to  the  correspondence  which  has  already  taken  place  with  re- 
gard to  the  Gibraltar,  late  Snrater,  I  have  now  the  honor  to  forward  copy  of  a  letter 
from  the  United  States  consul  in  this  city,  to  which  I  returned  no  additional  answer. 

On  receipt  of  your  telegram,  dated  3d  instant,  I  forwarded  a  letter  to  the  attorney- 
general,  copy  of  which,  together  with  his  reply,  are  annexed. 

The  provisions  of  the  merchant-shipping  act  of  1854  having  been  complied  with, 
I  signed  the  certificate  of  registry  of  the  Gibraltar  on  the  8th  instant,  and  sent  a  letter 
to  the  captain  of  the  port,  (copy  inclosed,)  desiring  him  to  inform  the  captain  of  the 
Gibraltar,  the  owner  not  being  here,  that  the  Gibraltar  may  be  seized  out  of  British 
waters  by  vessels  of  the  United  States,  and  that  Her  Majesty's  government  will  not  in- 
terfere. 

I  have  this  morning  received  your  dispatch  of  the  3d  instant,  forwarding  the  opinion 
of  the  law-officers  of  the  Crown  on  the  above  subject,  and  have  instructed  the  captain 
of  the  port  to  communicate  to  the  captain   of  the  Gibraltar  that  "  Her  Majesty's  ships 
will  not  interfere  to  protect  the  Sumter  from  capture." 
I  have,  &c, 
(Signed)  W.  J.  CODRINGTON. 


[Inclosure  2  in  No.  57.1 

Mr.  Spragm  to  Captain  Freelbig. 

Consulate  of  the  United  States  op  America, 

Gibraltar,  January  5,  1863. 
Sir  :  On  the  24th  ultimo  you  did  me  the  honor  to  address  me,  by  direction  of  his  ex- 
cellency the  governor,  to  inquire  Avhether  I  could  furnish  proof  of  the  steamer  Sumter 
being  a  "  war-prize,"   in  reply  to  which  I  stated  that  I  was  not  then  in  a  situation  to 
add  anything  further  upon  the  subject  of  that  steamer. 

I  am  now,  however,  informed  by  the  United  States  consulate  at  Liverpool,  under 
date  of  26th  ultimo,  that  Mr.  Klingender  (who  it  appears  was  the  bidder  and  be- 
came the  purchaser  of  the  Sumter  at  the  public  auction  held  in  this  city  on  the  19th 
ultimo)  is  the  agent  of  Messrs.  Frazer,  Trenholm  &  Co.,  the  southern  financial  agents, 
from  which  circumstance  it  is  supposed  that  the  purchase  of  the  Sumter,  if  effected  by 
him,  would  be  so  effected  either  for  the  said  firm  of  Frazer,  Trenholm  &  Co.,  or  for 
purposes  of  the  confederate  government,  which  would,  or  might,  be  opposed  to  the 
Government  of  the  United  States. 

In  view  of  these  facts,  of  which  I  have  been  informed  as  above,  and  the  light  which 
they  appear  to  throw  upon  the  sale  of  the  Sumter  in  the  consideration  of  his  excellency 
the  minister  plenipotentiary  of  the  United  States  at  the  Court  of  St.  James,  I  have  now, 
under  his  instructions,  the  honor  to  intimate  that  such  sale  of  the  steamer  Sumter  will 
not  be  recognized  by  the  Government  of  the  United  States. 
I  have,  &c, 
(Signed)  HORATIO  J.  SPRAGUE, 

United  States  Consul. 


[56]  *[Inclosure  3  in  No.  57.J 

Captain  Freeling  to  Mr.  Sprague. 

Secretary's  Office, 

Gibraltar,  January  3, 1863. 
Sir  :  I  am  directed  by  the  governor  to  inform  you  that  his  excellency  has  received 
from  Her  Majesty's  government  instructions  that  the   register  of  the  Gibraltar,  late 


86  TREATY    OF   WASHINGTON. 

Sumter,  may  be  granted  if  the  requirements  of  the  merchant-shipping  act  of  1854  have 
been  complied  with. 

I|inclose  the  declaration  of  the  owner,  signed  in  presence  of  the  registrars  and  I  also  in- 
close the  proposed  register. 

The  governor  desires  your  opinion  whether  the  requirements  of  the  act  of  1854  have 
been  complied  with,  or  whether  he  can  legally  grant  the  register.  Your  opinion  will 
be  irrespective  of  any  other  consideration  than  a  compliance  with  the  act  of  Parlia- 
ment. 

I  have,  &c, 

^Signed)  S.  FREELING, 

Colonial  Secretary. 


i  [Inclosure  4  in  No.  57.] 

The  attorney-general,  Gibraltar,  to  Captain  Freeling. 

Gibraltar,  January  5,  1863. 
Sir:  I  have  the  honor  to  acknowledge  your  letter  of  the  3d  instant,  inclosing  papers 
on  the  subject  of  the  registry  of  the  Gibraltar,  late  Sumter,  and  desiring  my  opinion 
"  whether  the  requirements  of  the  act  of  1854  have  been  complied  with,  and  whether 
the  government  can  legally  grant  the  registry  ;"  and,  in  reply,  beg  to  say  that  they 
have,  and  that  the  governor  can  legally  register  her. 
I  have,  &c, 
(Signed)  M.  COSTELLO. 


[Inclosure  5  in  ~No.  57.] 

Captain  Freeling  to  Captain  Edmunds. 

Secretary's  Office, 

Gibraltar,  January  7,  1863. 
Sir  :  I  am  directed  by  the  governor  to  request  you  will  inform  the  captain  of  the 
Gibraltar  that  his  excellency  is  prepared  to  register  that  vessel. 

You  will  also  warn  him  that  the  Gibraltar  may  be  seized  out  of  British  waters  by 
vessels  of  the  United  States  of  America,  and  that  Her  Majesty's  government  will  not 
interfere.  ' 

I  have,  &c, 
(Signed)  S.  FREELING, 

Colonial  Sea*etary. 


No.  58. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  February  16,  1863.     (Received  February  17.) 
My  Lord:  I  have  received  information  of  the  arrival  of  the  steamer 
Sumter  at  Liverpool.    Having  already  done  myself  the  honor  to  suggest 
to  your  lordship  the  view  taken  by  my  Government  of  the  true  nature 
of  her  position  at  Gibraltar  after  the  event  of  the,  nominal  transforma- 
tion of  her  by  a  fictitious  sale,  I  content  myself  with  respectfully  re- 
questing your  attention  to  the  bearing  on  this  case  of  Her  Majesty's 
proclamation,  limiting  the  stay  of  vessels  of  the  respective  parties  to  the 
present  struggle  in  America  within  Her  Majesty's  ports. 
1  pray,  &c, 
(Signed)  CHAELES  FRANCIS  ADAMS. 


BRITISH    CASE    AND    PAPERS.  87 

[57]  *  No.  59. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 
February  17,  1863.  (Eeceived  February  18.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Her  Majesty's  secretary  of 
state  for  foreign  affairs,  a  copy  of  a  letter,  dated  the  8th  instant,  from 
Captain  Ommanney,  the  senior  officer  at  Gibraltar,  reporting  the  de- 
parture from  that  place  of  the  steamer  Gibraltar,  late  confederate  vessel 
Sumter. 

I  am,  «fec,  • 

(Signed)  >      C.  PAGET. 


[Inclosure  in  No.  59.1 

Captain  Ommanney  to  the  secretary  to  the  admiralty. 

g  Pkockis,  Gibraltar,  February  9,  1863. 

My  Lord  :  I  have  the  honor  to  report,  for  the  information  of  the  lords  commission- 
ers of  the  admiralty,  that  the  British  vessel  named  Gibraltar  left  this  port  about  7  p.  m. 
on  the  8th  instant.  She  was  seen  passing  Cape  Spartel,  steering  for  the  westward  the 
same  night  about  11  p.  m. 

This  vessel  was  formerly  called  the  Sumter  sloop  of  war,  in  the  service  of  the  so- 
called  Confederate  ^States  of  North  America,  which  was  sold  to  a  British  merchant  at 
this  port. 

The  Gibraltar  sailed  under  the  influence  of  a  strong  easterly  gale. 
The  United  States  sloop  of  war  Chippewa  was  at  the  time  lying  at  anchor  for 
shelter  at  the  head  of  this  bay. 
I  am,  &c, 
(Signed)  E.  OMMANNEY. 


No  60. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Temple,  March  3,  1863.  (Eeceived  March  4.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands,  signified 
in  Mr.  Hammond's  letter  of  the  17th  February  ultimo,  stating  that,  with 
reference  to  our  report  respecting  the  case  of  the  steamer  Gibraltar  or 
Sumter,  he  was  directed  by  your  lordship  to  transmit  to  us,  together 
with  the  former  papers,  a  letter  from  Mr.  Adams,  the  United  States 
minister  at  this  court,  stating  that  he  had  received  information  of  the 
arrival  of  that  vessel  at  Liverpool,  and  requesting  your  lordship's  atten- 
tion to  the  bearing  on  this  case  of  Her  Majesty's  proclamation,  limiting 
the  stay  of  vessels  of  the  respective  parties  to  the  present  struggle  in 
America,  within  Her  Majesty's  ports ;  and  to  request  that  we  would 
take  this  matter  into»our  consideration,  and  favor  your  lordship,  at  our 
earliest  convenience,  with  our  opinion  thereupon. 

In  obedience  to  your  lordship's  commands  we  have  taken  this  matter 
into  consideration,  and  have  the  honor  to  report — 

That  we  think  that  it  is  not  competent  to  Her  Majesty's  government, 
upon  the  facts  at  present  known  to  them,  to  assume,  as  Mr.  Adams 
appears  to  do,  that  the  ship  lately  called  the  Sumter  has  not  been 
legally  and  bona  fide  sold  to  a  British  owner  for  commercial  and  peaceful 


88  TREATY    OF   WASHINGTON. 

purposes;   and  unless  it  were  established  that  the  sale  was,  as  Mr. 
Adams  assumes,  merely  fictitious,  we  think  that  Her  Majesty's  procla- 
mation, to  which  his  excellency  refers,  cannot  be  treated  as  now  appli- 
cable to  that  vessel  in  the  port  of  Liverpool. 
We  have,  &c, 
(Signed)  WM.  ATHERTON. 

ROUNDELL  PALMER. 
ROBERT  PHILLIMORE. 


No.  61. 

Earl  Russell  to  Mr.  Adams. ' 

Foreign  Office,  March  9, 1863. 
Sir:  I  have  the  honor  to  inform  you  that  Her  Majesty's  government 
have  had  under  their  consideration,  in  communication  with  the  proper 

law-advisers  of  the  Crown,  your  letter  of  the  18th  ultimo,  stating 
[58]      that  you  had  received  information  of  the  arrival  of  the  *  steamer 

Sumter  at  Liverpool,  and  calling  my  attention  to  the  bearing  on 
this  case  of  Her  Majesty's  proclamation,  limiting  the  stay  within 
British  ports  of  vessels  of  war  belonging  to  either  of  the  belligerent 
parties. 

I  have  now  to  inform  you  that  Her  Majesty's  government,  in  the 
present  state  of  their  information  on  the  subject,  are  unable  to  assume, 
as  you  appear  to  do,  that  the  ship  lately  called  the  Sumter  has  not 
been  legally  and  bona  fide  sold  to  a  British  owner  for  commercial  and 
peaceful  purposes;  and  unless  it  were  established  that  the  sale  was 
merely  fictitious,  Her  Majesty's  proclamation,  to  which  you  refer,  cannot 
be  deemed  applicable  to  that  vessel  in  the  port  of  Liverpool. 

I  am,  &c, 

(Signed)  RUSSELL. 


No.  62. 
Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  March  14,  1863.     (Received  March  16.) 

My  Lord  :  I  have  the  honor  to  acknowledge  the  reception  of  your 
note  of  the  9th  instant,  in  reply  to  mine  of  the  16th  ultimo,  respecting 
the  case  of  the  steamer  Sumter.  Your  lordship  apprises  me  that  "Her 
Majesty's  government,  in  the  present  state  of  their  information  on  the 
subject,  are  unable  to  assume  that  the  ship  lately  called  the  Sumter 
has  not  been  legally  and  bona  fide  sold  to  a  British  owner  for  commer- 
cial purposes,"  thereby  leading  me  to  infer  that  a  sale,  if  so  effected, 
would  be  regarded  as  valid  by  them,  to  change  the  property  of  a  bellig- 
erent in  a  neutral  port. 

But  I  mu$t  ask  pardon  for  calling  your  lordship's  attention  to  the  fact 
that  such  has  not  been  the  construction  heretofore  put  upon  the  law  by 
the  courts  of  Great  Britain,  when  applied  to  belligerent  vessels  of  their 
own  enemies  in  neutral  ports.  In  the  learned  work  on  international 
law,  published  not  long  since  by  Mr.  Robert  Phillimore,  the  same  emi- 


BRITISH    CASE    AND    PAPERS.  I  89 

nent  individual  who  has  since  been  elevated  to  the  position  of  a  legal 
adviser  of  the  Crown,  I  find  it  expressly  affirmed  that  the  purchase  of 
ships  of  war  belonging  to  enemies  is  held  in  the  British  courts  to  be 
invalid;  and  further  that,  though  the  purchase  of  merchant-ships  be 
not  illegal,  it  is  liable  to  great  suspicion,  and  requires  to  be  estab- 
lished by  the  clearest  proof;  furthermore,  should  the  ship,  after  such 
transfer , u  be  employed  under  the  management  of  a  hostile  proprietor, 
the  sale  will  be  deemed  merely  colorable  and  collusive."  (Commentaries 
on  International  Law,  vol.  iii,  pp.  607-8.) 

I  think  I  have  already  furnished  sufficient  evidence  to  your  lordship 
to  show  that  the  sale  of  this  vessel  is  open  to  each  and  all  of  these  ob- 
jections, whether  it  be  considered  as  a  public  or  a  private  transaction. 
But  Her  Majesty's  government,  in  furnishing  shelter  for  so  long  a  period 
to  the  Sumter,  in  the  harbor  of  Gibraltar,  as  a  ship  of  war  of  a  bellig- 
erent, has  determined  the  character  of  the  vessel.  I  have  reason  to 
believe  that  during  the  whole  of  the  late  war  with  Bussia,  Her  Majesty's 
government  steadily  refused  to  recognize  the  transfer  of  any  vessels  of 
that  nation  in  neutral  ports.  It  does  not,  then,  seem  unreasonable  if, 
on  behalf  of  my  government,  I  respectfully  venture  to  enter  a  remon- 
strance against  the  readiness  with  which  your  lordship  appears  to  re- 
cognize the  validity  of  a  transaction  which  the  law  not  only  presumes 
to  carry  fraud  on  its  face,  but  the  highest  authority  in  Great  Britain 
declares  to  be  invalid  altogether. 

I  prav,  &c, 

(Signed)  CHAELES  FRANCIS  ADAMS.' 


No.  63. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  March  18,  1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  call  your  attention  to  the  Daily 
News  of  yesterday,  the  17th  instant,  in  which,  under  the  head  of  "  Con- 
federate war-vessels,"  are  included  the  Sumter,  now  called  the  Gib- 
raltar, as  having  been  thoroughly  repaired  at  Birkenhead,  and  being 
now  ready  for  sea. 

I  am  to  request  that  you  will  state  to  the  lords  commissioners  of  Her 
Majesty's  treasury  that  the  transfer  of  this  vessel  to  her  English  owners 
has  been  denounced  by  the  United  States  minister  at  this  court  as  fic- 
titious, and  that  you  will  move  their  lordships  to  cause  particular  atten- 
tion to  be  paid  to  her,  as  she  may  probably  be  designed  to  be  again 
employed  in  the*  confederate  service. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[59]  *No.  64. 

Mr.  Peel  to  Mr.  Hammond. 

Treasury  Chambers, 
March  30,  1863.     (Received  March  30.) 
Sir  :  With  reference  to  your  letter  of  18th  instant,  I  am  desired  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you 


90  TREATY    OF   WASHINGTON. 

the  inclosed  copy  of  a  report  from  the  commissioners  of  customs,  dated 
24th  instant,  on  the  subject  of  the  suspicion  which  has  existed  that  the 
Gibraltar  or  Sumter  steam -vessel,  now  lying  at  Birkenhead,  is  fitting 
for  the  service  of  the  Confederate  States  of  North  America;  and  I  am 
to  request  that  you  will  lay  the  same  before  Earl  Eussell. 

I  am,  &c, 

(Signed)  F.  PEEL. 


[Inclosure  in  No.  64.] 
The  commissioners  of  customs  to  the  lords  commissioners  of  the  treasury. 

Custom-House,  March  24,  1863. 

Your  lordships  having  referred  to  us  the  annexed  letter  from  the  foreign  office,  call- 
ing attention  to  the  Daily  News  of  the  17th  instant,  in  which,  under  the  head  of  "  Con- 
federate war-vessels,"  is  included  the  Sumter,  now  called  the  Gibraltar,  as  having 
been  thoroughly  repaired  at  Birkenhead,  and  being  now  ready  for  sea,  and  signifying 
the  request  of  Earl  Russell  that,  as  the  transfer  of  this  vessel  to  her  English  owners 
has  been  denounced  by  the  United  States  minister  at  this  court  as  fictitious,  particular 
attention  may  be  paid  to  her,  as  she  may  probably  be  designed  to  be  again  employed 
in  the  confederate  service,  we  report — 

That,  upon  receipt  of  the  said  letter,  we  issued  iustructions  to  our  collector  at  Liver- 
pool to  cause  the  vessel  to  be  watched  as  desired,  and  to  report  specially  any  circum- 
stances respecting  her  which  might  come  to  his  knowledge  fit  for  our  cognizance,  and 
any  information  he  might  be  enabled  to  obtain  in  regard  to  the  bona-jide  character  of 
her  ownership ;  and  by  the  report  of  the  collector  at  Liverpool  we  find  that  the  vessel 
arrived  at  that  port  on  thellSth^ultimo  from  Gibraltar,  in  ballast,  since  which  time  she 
has  been  watched  by  the  officers  of  this  department;  but  that  although  she  has 
received  some  repairs  since  her  arrival,  nothing  has  taken  place  regarding  her  of  a  sus- 
picious character;  that  she  is  at  present  laid  up  in  the  upper  part  of  the  Great  Float 
at  Birkenhead  ;  and  that  there  is  no  appearance  of  her  being  at  present  intended  for 
sea;  there  would  therefore  appear  to  be  no  foundation  for  the  statement  in  the  Daily 
News. 

We  have  only  to  add  that,  should  anything  worthy  of  mention  be  observed,  the  col- 
lector will  at  once  notify  the  same  to  us,  and  we  will  not  fail  to  acquaint  your  lord- 
ships therewith. 

(Signed)  THO.  F.  FREMANTLE. 

GRENVILLE  C.  L.  BERKELEY. 


No.  65. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  4, 1SG3. 
Sir  :  My  attention  having  been  drawn  to  a  paragraph  which  appeared 
in  the  Daily  News  of  the  17th  ultimo,  in  which,  under  the  head  of 
"  Confederate  war- vessels,"  is  included  the  Sumter,  now  called  the  Gib- 
raltar, as  having  been  thoroughly  repaired  at  Birkenhead,  and  being 
ready  for  sea,  I  deemed  it  advisable  at  once  to  request  the  proper  authori- 
ties to  cause  particular  attention  to  be  paid  to  this  vessel. 

I  have  now  the  honor  to  acquaint  you  that  it  appears  from  a  report 
which  has  been  received  from  the  collector  of  customs  at  Liverpool,  and 
which  has  been  communicated  to  me  by  the  lords  commissioners  of  Her 
Majesty's  treasury,  that,  since  the  arrival  of  the  Sumter  at  Liverpool 

on  the  13th  of  February  last,  she  has  been  carefully  watched 
[60]      *by  the  custom-house  officers,  and  that,  although  the  vessel  has 

received  some  repairs,  nothing  has  taken  place  regarding  her  of 
a  suspicious  character. 


BRITISH    CASE    AND    PAPERS.  91 

The  Sumter  appears  to  be  laid  up  in  the  upper  part  of  the  Great 
Float,  at  Birkenhead,  and  there  seems  to  be  no  sign  of  her  being  at 
present  intended  for  sea. 

I  have  the  honor  to  add  that  the  authorities  at  Liverpool  are  instructed 
to  continue  to  observe  this  vessel,  and  to  report  without  delay  any  cir- 
cumstances of  an  unusual  character  which  may  happen  to  take  place 
with  regard  to  her. 
I  am,  &c, 
(Signed)  EUSSELL. 


No.  66. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Temple,  April  6,  1863.     (Received  April  6.) 

My  Lord  :  We  are  honored  with  your  lordship's  commands,  signified 
in  Mr.  Hammond's  letter  of  the  16th  ultimo,  stating  that,  with  reference 
to  our  report  of  the  3d  ultimo,  respecting  the  case  of  the  steamer  Gib- 
raltar, or  Sumter,  he  was  directed  by  your  lordship  to  transmit  to  us, 
together  with  the  former,  papers,  the  draught  of  a  letter  which  was 
addressed  to  Mr.  Adams  on  the  9th  ultimo,  stating  that,  in  the  present 
state  of  their  information  on  the  subject,  Her  Majesty's  government 
were  unable  to  assume  that  that  vessel  had  not been  legally ^and  oona- 
fide  sold  to  a  British  owner  for  commercial  purposes ;  and  a  letter  which 
has  been  received  from  Mr.  Adams  in  reply,  remonstrating  against  this 
decision.  # 

Mr.  Hammond  was  to  request  that  we  would  take  this  further  corre- 
spondence into  consideration,  and  furnish  your  lordship  with  such  obser- 
vations as  we  may  have  to  offer  thereupon. 

In  obedience  to  your  lordship's  commands,  we  have  taken  this  further 
correspondence  into  consideration,  and  have  the  honor  to  report — 

That  it  is  very  difficult  to  understand  how  Mr.  Adams  can  have  sup- 
posed that,  in  the  passage  of  the  work  referred  to,  he  has  found  any 
support  for  the  propositions  which  he  maintains,  namely,  that  Her 
Majesty's  government  are  bound  to  consider  both  that  the  Sumter  has 
been  illegally  sold,  and  that  she  has  been  sold  for  the  purpose  of  being 
used  in  carrying  on  hostilities  against  the  United  States. 

If  Mr.  Adams  had  considered  that  the  passage  referred  to  applies  to 
the  law  administered  by  the  prize-court  of  a  belligerent,  and  if  Mr. 
Adams  had  cited  the  whole  section,  he  would  have  escaped  the  error 
into  which  he  has  fallen. 

The  whole  section  is  as  follows : 

In  respect  to  the  transfer  of  enemy's  ships  during  war,  it  is  certain  that  purchases 
of  them  by  neutrals  are  not  in  general  illegal,  but  such  purchases  are  liable  to  great 
suspicion,  and  if  good  proof  be  not  given  of  their  validity  by  a  bill  of  sale  and  pay- 
ment of  a  reasonable  consideration,  it  will  materially  impair  the  validity  of  the  neu- 
•fcral  claim,  but  if  the  purchase  be  made  by  an  agent,  his  letters  of  procuration  must  be 
produced  and  proved;  and  if  after  such  transfer  the  ship  be  employed  habitually  in  the 
enemy's  trade,  or  under  the  management  of  a  hostile  proprietor,  the  sale  will  be 
deemed  merely  colorable  and  collusive.  But  the  right  of  purchase  by  neutrals  extends 
only  to  merchant-ships  of  enemies  ;  for  the  purchase  of  ships  of  war  belonging  to  ene- 
mies is  held  to  be  invalid,  and  a  sale  of  a  merchant-ship  made  by  an  enemy  to  a  neu- 
tral during  war  must  be  an  absolute  unconditional  sale.  Anything  tending  to  continue 
the  interest  of  the  enemy  in  the  ship  vitiates  a  contract  of  this  description^  altogether. 
(Philliuiore's  Commentaries,  vol.  iii,  sec.  486,  pp.  607-8.) 

Every  proposition  in  this  extract  is  founded  on  one  of  the  judgments 


II 

92  TREATY   OF   WASHINGTON. 

(referred  to  in  the  notes)  of  Lord  Stowell,  while  sitting  as  judge  of  the 
prize-court  when  Great  Britain  was  a  belligerent. 

The  substance  of  the  section  is  that  a  belligerent  has  a  right  to  scru- 
tinize vigilantly  the  transfer  of  an  enemy's  merchant-ship  during  war 
to  a  neutral,  but  that  such  transfer  is  not,  if  bona  fide  made,  illegal; 
that  a  belligerent  has  a  right  to  consider  the  sale  or  transfer  of  an 
enemy's  ship  of  war  to  a  neutral  as  absolutely  illegal. 

The  latter  of  these  propositions  may,  possibly,  require  some  qualifi- 
cation 5  for  Lord  Stowell,  in  the  judgment  on  which  it  is  founded,  did 
not  lay  down  so  general  a  doctrine,  but  confined  himself  to  the  case  of 
a  sale  to  a  neutral  of  an  enemy's  ship  of  war,  while  "  rendered  incapa- 
ble of  acting  as  a  ship  of  war  by  the  arms  of  the  other  belligerent,  and 

driven  into  a  neutral  port  for  shelter." 
[61]         *  But,  be  this  as  it  may,  from  neither  of  these  propositions  has 
Her  Majesty's  government,  in  the  present  case,  expressed  any 
dissent. 

Her  Majesty's  government  have  not  said  that  it  will  not  be  competent 
to  the  prize-court  of  the  United  States  to  come  to  the  conclusion,  upon 
proper  evidence,  and  after  a  fair  hearing,  that  the  transfer  of  the  Sum- 
ter was  (as  against  the  United  States)  either  illegal,  because  it  was  not 
bona  fide  sold  as  a  merchant-ship,  or  on  grounds  such  as  those  on  which 
Lord  Stowell  decided  the  case  of  the  Minerva  (6  Robinson,  399)  already 
referred  to.  But  the  sale  may  be  perfectly  good  by  the  laws  of  Eng- 
land, so  as  to  give  the  English  purchaser  a  valid  title  while  within  Her 
Majesty's  dominions,  (assuming  it  to  be  a  real,  and  not  afictitions  trans- 
action, as  between  the  parties  thereto,)  although  it  may  be  one  which, 
in  the  event  of  a  subsequent  capture  on  the  high  seas,  might  not  be 
recognized  as  lawful  according  to  the  code  of  prize-law  administered  in 
the  prize-court  of  the  United  States. 

Her  Majesty's  government  have  said  that,  in  the  present  state  of  their 
"  information  on  the  subject,  they  are  unable  to  assume  that  the  ship 
lately  called  the  Sumter  has  not  been  legally  and  bona  fide  sold  to  a 
British  owner  for  commercial  purposes  ;"  a  proposition  not  only  not  at 
variance  but  in  perfect  harmony  with  the  passage  in  the  work  cited — 
or  rather  with  the  judgments  of  Lord  Stowell  on  which  that  passage 
is  founded — so  far  as  the  passage  is  applicable  to  the  case  at  all; 
for  the  word  "  legally,"  in  this  passage,  has  reference  to  the  ordinary 
law  as  administered  in  the  civil  courts  of  Gibraltar  and  of  England  in 
time  of  peace,  while,  on  the  other  hand,  the  term  "  unlawful,"  as  used 
in  the  book  cited  by  Mr.  Adams,  has  reference  to  the  law  of  prize,  as 
administered  in  the  prize-court  of  a  belligerent  power.  No  neutral 
power  ever  undertakes  to  administer  prize-law  in  favor  of  either  bellig- 
erent. The  only  question  relative  to  the  Sumter  or  Gibraltar  is,  whether 
Great  Britain,  being  neutral,  Her  Majesty's  proclamation  be  or  be  not 
applicable  to  that  vessel  while  in  a  British  port. 

It  is  only  applicable  to  a  belligerent's  ship  of  war.  There  is  no  evi- 
dence that  this  vessel  is  now  a  belligerent's  ship  of  war ;  but,  on  the  con- 
trary, strong  prima-facie  evidence  that  she  has  been  sold  for  peaceful 
and  commercial  purposes  to  a  British  and  neutral  subject ;  and  that, 
although  forim  rly  a  ship  of*  war,  she  has  in  truth  entirely  changed  her 
character,  and  become,  in  every  sense  material  for  the  present  purpose, 
a  merchant-ship. 

Mr.  Adams  nlso  says,  "  I  have  reason  to  believe  that  during  the  whole 
of  the  late  war  with  Russia  Her  Majesty's  government  steadily  refused 
to  recognize  tlie  transfer  of  any  vessels  of  that  nation  in  neutral  ports." 

This  is  another  error  into  which  Mr.  Adams  has  fallen.    The  judge  of 


BRITISH    CASE   AND   PAPERS.  93 

the  prize-court  during  that  war  decided  (as  we  mentioned  in  our  report 
of  1st  January,  1865)  "  that  the  sale  of  a  single  ship  from  a  belligerent 
to  a  neutral  was  lawful ;"  adding,  M  It  matters  not,  generally  speaking, 
where  the  ship  was  lying  at  the  period  of  such  a  sale,  provided  she  was 
not  in  transitu,  nor  lying  in  a  blockaded  port."  (The  Baltica'  Spinks'  Prize 
Cases,  p.  271.) 

We  have,  &c, 

(Signed)  W.  ATHERTON. 

ROUNDELL  PALMER. 
ROBERT  PH1LLIMORE. 


No.  67. 

Mr.  Adams  to  Earl  Bussel. 

Legation  of  the  United  States, 

London,  April  6,  1863.     (Received  April  7.) 
My  Lord  :  I  have  had  the  honor  to  receive  your  note  of  the  4th  in- 
stant, in  reference  to  a  paragraph  which  appeared  in  the  Daily  jSews  of 
the  17th  ultimo,  respecting  the  immediate  preparation  of  the  Sumter 
for  departure  from  the  port  of  Liverpool.     I  must  confess  that  the  infor- 
mation received  by  me  from  Liverpool,  from  wholly  independent  sources, 
has  led  me  to  believe  the  newspaper    statement  to  be  true.      It  is, 
however,  with  very  great  satisfaction  I  receive  the  contradiction  of  it 
from  your  lordship,  as  well  as  the  assurance  that  the  movements  of  that 
vessel  are  under  the  observation  of  Her  Majesty's  government.    I  am 
the  more  led  to  indulge  this  that  the  notice  appears  to  have  been  spon- 
taneously furnished  to  me  with  a  degree  of  courtesy  which  I  should  be 
wanting  in  my  duty  if  I  were  to  fail  properly  to  appreciate. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[62]  *No.  68. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  20,  1863. 
Sir  :  There  are  several  statements  in  your  letter  of  the  14th  of  March 
respecting  the  sale  of  the  Sumter  at  Gibraltar  to  a  British  owner,  upon 
which,  i£  any  advantage  were  likely  to  result  from  further  discussion 
of  the  subject,  I  should  feel  it  right  to  observe.  But  it  appears  to  me 
sufficient  to  say  that  you  seem  to  have  confounded,  both  in  your  reason- 
ing upon  the  subject,  and  in  your  reference  to  authority,  the  position 
of  a  neutral  and  belligerent  in  regard  to  the  sale  of  ships  belonging  to 
another  belligerent,  and  to  have  forgotten,  as  in  the  instance  of  your 
reference  to  a  statement  in  a  passage  on  the  law  of  prize,  that  no  neu- 
tral state  (such  as  Great  Britain  now  is)  administers  prize-law  in  favor 
of  either  belligerent.  The  neutral  and  belligerent  have  distinct  rights 
in  the  matter — the  neutral  has  a  right  to  acquire  such  property  offered 
to  him  for  purchase ;  but  the  belligerent  may,  in  the  particular  in- 
stances of  the  case,  not  recognize  the  transfer  of  such,  property  as  being 


94  TREATY    OF   WASHINGTON. 

that  of  his  enemy,  only  parted  with  to  the  neutral  in  order  to  protect  it 
from  capture  on  the  high  seas.  The  prize-court  of  the  belligerent,  when 
property  so  circumstanced  is  brought  before  it,  decides  whether  the 
transfer  is  fair  or  fraudulent. 

The  British  government,  when  neutral,  is. not  bound  to  refuse  to  a 
British  subject  the  right  to  acquire  by  purchase  a  vessel  which  a  bellig- 
erent owner  may  desire  to  part  with,  but  it  would  not  deny  the  right  of 
the  adverse  belligerent  to  ascertain,  if  such  vessel  were  captured  by  its 
cruiser,  whether  the  vessel  had  rightfully,  according  to  the  law  of  na- 
tions, come  into  the  possession  of  the  neutral ;  and  if  Great  Britain 
were  herself  belligerent,  she  would  not  complain  of  a  neutral  govern- 
ment allowing  one  of  its  subjects  to  acquire  by  purchase  a  vessel  which 
her  adversary  might  desire  to  part  with,  though  she  would  have  the 
right  of  capturing  such  vessel  on  the  high  seas^and  sending  it  before 
the  prize-court  for  judgment  as  to  whether  the  vessel  had  rightfully, 
according  to  the  law  of  nations,  become  the  property  of  a  neutral  arm. 

I  am,  &c,  * 

(Signed)  EUSSELL. 


No.  69. 
Mr.  Hammond  to  the  secretary  to  the  board  of  trade. 

Foreign  Office,  April  22, 1863. 

Sir  :  I  am  directed  by  Earl  Eussell  to  request  that  you  will  state  to 
the  lords  of  the  committee  of  privy  council  for  trade  that,  in  a  correspond- 
ence with  Mr.  Adams  respecting  the  legality  of  the  transfer  by  sale  to 
the  British  merchant  service  of  the  steamer  Sumter,  or  Gibraltar,  which 
was  lately  a  vessel  of  war  belonging  to  the  so-styled  Confederate  States, 
Lord  Eussell  took  occasion  to  observe  that  the  neutral  and  belligerent 
have  distinct  rights  in  the  matter;  that  the  neutral  has  a  right  to  acquire 
such  property  offered  to  him  for  purchase ;  but  that  the  belligerent  may, 
in  the  particular  circumstances  of  the  case,  not  recognize  the  transfer 
of  such  property  as  being  that  of  his  enemy  only  parted  with  to  the 
neutral  in  order  to  protect  it  from  capture  on  the  high  seas. 

It  follows  that  Her  Majesty's  government  will  not  deny  to  the  United 
States  Government  the  right,  supposing  the  Sumter  were  hereafter  cap- 
tured by  any  of  its  cruisers,  to  ascertain  by  proceedings  before  a  United 
States  prize-court  whether  that  vessel  had  rightfully,  according  to  the 
law  of  nations,  become  the  property  of  a  neutral  owner.  This  appeal 
would  of  course  be  equally  open  to  the  owner. 

Presuming  that  the  lords  of  the  committee  have  the  means  of  ascer- 
taining who  are  the  present  owners  of  the  Sumter,  or  their  agents  at 
Liverpool,  Lord  Eussell  would  feel  obliged  to  their  lordships  if  they 
would  take  measures  for  communicating  this  decision  to  them. 
1  am,  &c, 
(Signed)  .  E.  HAMMOND. 


BRITISH    CASE    AND    PAPERS.  95 

[63]  *  No.  70. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  .the  United  States, 
London,  April  22,  1863.  (Eeceived  April  23.) 
My  Lord  :  I  have  carefully  re-examined  the  positions  taken  in  my 
note  of  the  11th  of  March,  to  which  your  lordship  refers  in  yours  of 
the  20th  instant,  as  I  always  do  when  called  upon  by  any  comments 
you  are  pleased  to  make  to  me.  But  I  confess  myself  at  a  loss  to  see 
the  force  of  your  objections.  I  did  not  forget  the  fact  that  no  neutral 
state  administers  prize-law  in  favor  of  either  belligerent.  In  the  case 
of  the  Sumter,  though  1  tried  to  explain  the  law  in  its  fullest. extent  as 
applied  to  all  belligerent  vessels,  whether  war-ships  or  merchantmen,  I 
called  your  lordship's  particular  attention  to  the  fact  that  Her  Majesty's 
government  had  recognized  the  Sumter  as  a  war-ship  of  a  belligerent 
in  the  port  of  Gibraltar,  and  to  the  further  fact  that  it  had  never  recog- 
nized the  transfer  of  such  a  vessel  to  a  neutral  as  valid,  either  in  the 
exposition  of  public  law  as  given  by  high  authority  in  Great  Britain, 
or  in  the  practice  of  the  nation  when  itself  a  belligerent.  Hence  it 
would  appear  as  if  Great  Britain  were  now  disposed  to  recognize  the 
validity  of  an  act  of  a  belligerent  toward  herself,  a  neutral,  which  as 
a  belligerent  she  has  always  refused  to  acknowledge  when  attempted  by 
any  other  neutral  nation.  I  cannot  permit  myself  to  imagine  that  your 
lordship  has  really  intended  to  place  Great  Britain  in  a  position  which 
seems  to  my  view  singularly  at  war  as  much  with  the  first  principles  of 
justice  as  with  the  reciprocal  obligations  of  international  law. 
I  pray,  &c, 
(Signed)  CHAELES  FBANOIS  ADAMS. 


No.  71. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  May  8, 1863. 
Sir  :  It  is  not  necessary  or  desirable  to  prolong  the  controversy  with 
regard  to  the  steamer  Gibraltar,  otherwise  Sumter.  I  shall  therefore 
merely  observe,  with  reference  to  the  letter  which  you  did  me  the  honor 
to  address  to  me  on  the  22d  ultimo,  that  I  have  not  stated  any  intention 
on  the  part  of  Her  Majesty's  government  to  deviate  in  this  case  from 
any  acknowledged  principles  of  international  law,  or  from  the  exposi- 
tion of  those  principles  hitherto  given  in  courts  administering  that  law. 
On  the  contrary,  it  is  the  firm  intention  of  Her  Majesty's  government, 
both  in  the  case  of  the  Sumter  and  in  every  other  case,  to  abide  by  those 
principles  which  they  have  hitherto  most  scrupulously  maintained 
during  the  whole  course  of  the  present  war. 

I  am,  &c, 

(Signed)  BUSSELL. 


96  TREATY   OF    WASHINGTON. 

No.  72. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  May  23,  1863.     (Keceived  May  23.) 
My  Lord  :  I  have  the  honor  to  transmit  the  copy  of  another  deposi- 
tion relating  to  the  case  of  tbe  steamer  Phantom. 

At  the  same  time  I  seize  the  opportunity  to  mention  that,  from  infor- 
mation received  by  the  consul  of  the  United  States  at  Liverpool,  I  am 
led  to  tbe  belief  that  ■  preparations  are  actively  in  progress  for  the  ex- 
pediting of  the  Sumter  from  that  port. 
I  pray,  &c, 
(Signed)  CHAELES  FEAKCIS  ADAMS. 


[64]  *  No.  73. 

Mr.  Arbuihnot  to  Mr.  Hammond,  May  28,  1863. 
[See  case  of  the  Phantom.] 


[Inclosure  1  in  No.  73.] 

Mr.  Gardner  to  Mr.  Peel,  May  27,  1863. 

[Ibid.] 


[Inclosure  2  in  No.  73.] 

Mr.  Morgan  to  Mr.  Edwards. 

[Extract.] 

Liverpool,  May  26,  1863. 

With  reference  to  tbe  Sumter,  now  the  Gibraltar,  I  have  to  observe  tbat  sbe  has  been 
quietly  lying  in  tbe  Great  Float  at  Birkenhead  since  ber  arrival  bere,  until  Friday 
last,  wben  she  removed  to  tbe  Clarence  Dock,  where  sbe  now  lies,  refitting  for  sea. 
Calais  is  said  to  be  her  intended  destination. 

All  fittings  for  warlike  purposes  have  been  removed  from  her  since  she  obtained  ber 
British  registry  at  Gibraltar  ;  and  it  appears,  from  private  information  received,  that 
it  is  not  intended  to  refit  her  for  warlike  purposes,  perhaps  because  she  is  not  well 
adapted  to  compete  with  modern  vessels  of  war. 

Agreeably  with  your  directions,  the  watch  over  proceedings  on  board  her  will  be 
continued,  and  I  shall  have  the  honor  of  reporting  any  circumstance  of  a  suspicious 
nature. 


[Inclosure  3  in  No.  73.] 

Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  May  26,  1863. 

Honorable  Sirs  :  I  beg  a  reference  to  the  preceding  report  of  the  surveyor,  Mr. 

Morgan,  detailing  all  the  information  he  has  been  able  to  obtain  respecting  the  Sumter, 

and  also  to  forward  the  board  a  note  Thave  just  received  from  Mr.  Klingender,  who  is 

the  present  owner  of  the  vessel,  its  name  being  now  changed  from  Sumter  to  Gibraltar. 

(Signed)  .  S.  PRICE  EDWARDS, 

Collector. 


^7 


BRITISH    CASE    AND    PAPERS. 

[Inclosure  4  in  ~Ko.  73.] 

Mr.  Klingender  to  Mr.  Edwards. 

Liverpool,  May  26, 1863. 
Sir  :  Hearing  on  board  the  steamship  Gibraltar  that  a  gentleman  from  Her  Majesty's 
customs  had  been  on  board,  I  beg  to  inform  you  that  I  have  chartered  the  said  vessel 
to  take  about  250  tons  of  cargo,  and  am  now  landing  all  spare  water-tanks,  destroying 
her  magazine,  and  cutting  hatches  in  her  maindeck  for  the  purpose  of  receiving  cargo. 
I  am,  &c, 
(Signed)  M.  G.  KLINGENDER. 


[65]  *JSTo.  74. 

Earl  Russell  to  Mr.  Adams. 
[Extract.] 

Foreign  Office,  May  30, 1863. 
With  reference  to  the  Gibraltar,  or  Sumter,  which  you  say  you  are 
informed  is  being  prepared  for  sea,  I  have  the  honor  to  state  to  you 
that  the  report  from  the  surveyor  as  to  that  vessel  agrees  with  the 
information  which  has  reached  you  so  far  as  relates  to  her  being  pre- 
pared for  sea.  He  moreover  adds  that  all  fittings  for  warlike  purposes 
have  been  removed  from  her  since  she  obtained  her  British  registry, 
and  that  he  has  private  information  that  it  is  not  intended  to  refit  her 
as  a  vessel  of  war. 


]So.  75. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  June  3,  1863.   (Beceived  June  3,  8.50  p.  m.) 
My  Lord  :  I  have  the  honor  to  transmit  copies  of  two  depositions 
relating  to  the  uses  about  to  be  made  of  the  steamer  Sumter,  now  called 
the  Gibraltar.    As  I  have  already  so  fully  explained  the  grounds  of 
remonstrance  against  the  course  taken  by  Her  Majesty's  government 
in  recognizing  the  transformation  of  that  vessel,  I  can  now  only  express 
my  regret  that  those  representations  should  have  met  with  so  little  suc- 
cess.   I  can  only  add,  that  from  a  knowledge  of  the  view  entertained 
by  my  Government  of  this  transaction,  I  feel  it  my  duty,  until  further 
instructed,  to  continue  to  decline  to  recognize  any  change  of  the  charac- 
ter of  that  vessel  on  the  high  seas. 
I  pray,  &c, 
(Signed)  CHAKLES  FRANCIS  ADAMS. 


[Inclosure  1  in  No.  75.] 

Declaration  of  Moses  Lansing. 

Borough  of  Liverpool,  to  wit : 

I,  Moses  Lansing,  of  Liverpool,  in  the  county  of  Lancaster,  in  the  United  Kingdom  of 
Great  Britain  and  Ireland,  hair-dresser,  do  solemnly  and  sincerely  declare  that  I  reside 
at  No.  185  Great  Howard  street,  in  Liverpool,  and  in    the  course  of  my  business  come 

H.  Ex.  282,  vol.  ii 7  . 


9$ 


TREATY    OF    WASHINGTON. 


much  in  contact  with  seamen.  That  on  Saturday  evening  last,  the  30th  instant,  four 
sea-faring  men  came  to  my  shop  on  business,  (to  be  shaved  and  have  their  hair  cut,) 
and  being  acquainted  with  one  of  them,  I  entered  into  conversation  with  them  about 
where  they  were  bound  to.  They  informed  me  they  were  working  on  board  the  Gib- 
raltar, formerly  the  Sumter  ;  that  they  were  going  to  sign  articles  to  go  in  her  for 
three  years  ;  that  they  were  not  going  to  sign  at  the  Sailors'  Home,  but  on  board  the 
ship ;  that  they  were  going  out  about  Wednesday  next,  and  expected  to  sign  on 
Tuesday.  That  she,  the  Gibraltar,  was  to  go  to  Nassau  from  Liverpool,  and  she  was 
to  go  from  there  as  a  privateer,  but  they  did  not  know  her  destination. 

And  I  make  this  solemn  declaration,  conscientiously  believing  the  same  to  be  true, 
and  by  virtue  of  the  provisions  of  an  act  made  and  passed  in  the  sixth  year  of  the 
reign  of  his  late  Majesty  King  William  IV,  entitled  "  An  act  for  the  more  effectual 
abolition  of  oaths  and.  affirmations  taken  and  made  in  various  departments  of  the  state, 
and  to  substitute  declarations  in  lieu  thereof,  and  for  the  more  entire  suppression  of 
voluntary  and  extra-judicial  oaths  and  affidavits,  and  to  make  other  provisions  for  the 
abolition  of  unnecessary  oaths." 

(Signed)  MOSES  LANSING. 

Declared  and  subscribed  at  Liverpool,  the  1st  day  of  June,  1863,  before  me. 
(SigDed)  J.  PEARSON, 

A  Commissioner  to  Administer  Oaths  in  Chancery  in  England. 


[66]  *  [Inclosure  2  in  No.  75.] 

Declaration  of  John  Markham. 

Borough  of  Liverpool,  to  wit : 

I,  John  Markham,  of  Liverpool,  in  the  county  of  Lancaster,  in  the  United  Kingdom 
of  Great  Britain  and  Ireland,  master  mariner,  do  solemnly  and  sincerely  declare  that  I 
reside  at  No.  2  Pool  Road,  Egremont.  That  on  Saturday  evening  last  I  was  in  com- 
pany with  Thomas  Burton,  assistant  dock-master,  or  dock-gateman,  at  Clarence  half- 
tide  dock,  and  was  told  by  him  that  the  steamer  Gibraltar  had  taken  on  board  two 
very  large  guns  on  Friday  last ;  that  he  had  seen  them,  and  that  they  weighed  several 
tons. 

And  I  make  this  solemn  declaration,  conscientiously  believing  the  same  to  be  true, 
and  by  virtue  of  the  provisions  of  an  act  made  and  passed  in  the  sixth  year  of  the 
reign  of  his  late  Majesty  King  William  IV,  entitled  "  An  act  for  the  more  effectual 
abolition  of  oaths  and  affirmations  taken  and  made  in  various  departments  of  the  state, 
and  to  substitute  declarations  in  lieu  thereof,  and  for  the  more  entire  suppression  of 
voluntary  and  extra-judicial  oaths  and  affidavits,  and  to  make  other  provisions  for  the 
abolition  of  unnecessary  oaths." 

(Signed)  JOHN  MARKMAM. 

Declared  and  subscribed  at  Liverpool,  the  1st  day  of  June,  1863,  before  me. 
(Signed)  •  J.  PEARSON, 

A  Commissioner  to  Administer  Oaths  in  Chancery  in  England. 


No.  76. 

Mr.  Hammond  to  Mr.  Hamilton.1 

Foreign  Office,  June  4,  1863. 
Sir  :  With  reference  to  previous  correspondence  respecting  the  Gib- 
raltar, formerly  Sumter,  at  Liverpool,  I  am  directed  by  Earl  Kussell  to 
request  that  you  will  acquaint  the  lords  commissioners  of  Her  Majesty's 
treasury  that  a  deposition  has  been  received  from  Mr.  Adams,  a  copy  of 
which  shall  be  sent  to  you  in  the  course  of  the  day,  from  which  it  would 
seem  that  on  Friday  last  the  vessel  took  on  board  two  very  large 

1 A  similar  letter  was  addressed  to  the  home  office. 


BRITISH    CASE    AND    PAPERS.  99 

guns ;  and  I  am  to  request  that  immediate  orders  may  be  sent  by  tele- 
graph to  the  proper  authorities  at  Liverpool  to  ascertain  whether  this  is 
the  case,  and  if  so,  to  take  any  steps  that  can  legally  be  taken  for  pre- 
venting any  violation  of  the  law. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  77. 

Earl  Russell  to  Mr.  A  dams. 

Foreign  Office,  June  4, 1863. 
Sir  :  Your  letter  of  yesterday,  respecting  the  Sumter,  was   unfortu- 
nately not  delivered  atthe  foreign  office  till  8.50  p.  m.,  some  time  after 
the  business  of  the  day  was  ended  and  the  office  closed. 

I  have  at  the  earliest  possible  hour  this  morning  communicated  with 
the  treasury  and  home  department,  and  I  have  requested  that  orders 
may  at  once  be  sent  by  telegraph  to  the  proper  authorities  to  pay  im- 
mediate attention  to  the  circumstances  set  forth  in  your  letter. 
I  am,  &c, 
(Signed)  RUSSELL. 

[67]  ,      *  No.  78. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
June  8, 1863.     (Eeceived  June  8.) 
Sir  :  With  reference  to  your  letters  of  the  4th  instant,  and  their  in- 
cisures, respecting  the  supposed  equipment  of  the  Gibraltar  for  the 
service  of  the  Confederate  States,  I  am  desired  by  the  lords  commis- 
sioners of  Her  Majesty's  treasury  to  transmit,  for  the  information  of 
Earl  Russell,  copy  of  a  report,  and  of  its  inclosures,  dated  the  5th 
instant,  from  the  commissioners  of  customs. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  ~No  78.] 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  June  5,  1863. 
Sir  :  With  reference  to  your  letter  of  yesterday's  date,  transmitting  the  inclosed  letter 
from  the  foreign  office  respecting  the  equipment  of  the  Gibraltar,  late  Sumter,  at  Liv- 
erpool for  the  Confederate  States  of  America,  and  to  the  accompanying  papers  subse- 
quently forwarded  from  the  treasury  to  the  board,  I  am  directed  to  state,  for  the 
information  of  the  lords  commissioners  of  Her  Majesty's  treasury,  that  on  the  receipt 
of  your  letter  the  board  at  once  communicated  with  their  solicitor,  and  upon  his  rec- 
ommendation a  telegram  was  forthwith  sent  to  the  collector  of  this  revenue  at  Liverpool, 
with  instructions  to  ascertain  and  report  whether,  as  alleged  in  the  two  papers,  two 
guns  had  been  put  on  board  the  Sumter,  and,  if  so,  their  description ;  whether  intended 
as  merchandise,  or  shipped  to  be  used  by  the  vessel  for  belligerent  purposes  ;  and  the 
board  have  this  day  received  from  the  collector  a  report  of  the  surveyor  of  customs 
who  has  personally  inspected  the  vessel,  from  which  it  would  appear  that  there  were 
no  guns  of  any  description  on  board. 


100  TREATY    OF   WASHINGTON. 

I  inclose,  by  desire  of  the  board,  a  copy  of  the  surveyor's  report,  with  a  copy  of  the 
report  of  the  solicitor  of  this  department  on  the  papers. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[In closure  2  in  No.  78.] 

Mr.  Morgan  to  Mr.  Edwards. 

Liveepool,  June  4,  1863. 
Sir  :  Referring  to  the  telegram  received  to-day  from  the  secretary  to  you,  I  beg  to 
inform  you  that  I  have  personally  inspected  the  hold,  &c,  of  the  Gibraltar,  and  found 
no  guns  of  any  description  on  board. 

She  has  on  board  as  cargo  for  Callao  a  large  quantity  of  heavy  iron  manufactures, 
which  appear  to  me  to  be  portions  of  powerful  cranes,  but  nothing  of  a  warlike  char- 
acter. 

Very  respectfully,  &c, 

(Signed)  "  E.  MORGAN,  Surveyor. 

P.  S. — I  have  not  received  any  report  of  the  arrival  of  the  steamer  Southerner,  and 
am  of  opinion  that  she  is  not  arrived  to-day. 

E.  M. 


[Inclosure  3  in  No.  78.] 

Mr.  Edwards  to  the  commissioners  of  customs. 

Customs,  Liverpool,  June  4,  1863,  4.15. 
Honorable  Sirs  :  By  the  aforegoing  statement  it  is  shown  that  the  information 
conveyed  in  the  inclosed  telegram  is  not  well  founded. 
Respectfully,  &c, 
(Signed)  S.  PRICE  EDWARDS. 


[68]  *  No.  79. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  June  8,  1863.    (Eeceived  June  0.) 

Sir,  :  With  reference  to  your  letters  of  the  4th  instant,  I  am  directed 
by  Secretary  Sir  George  Grey  to  transmit  to  you  herewith,  to  be  laid 
before  Earl  Russell,  copies  of  letters  from  the  mayor  of  Hartlepool  and 
town  clerk  of  Middlesborough,  stating  that  the  vessel  Southerner  is  in 
the  port  of  Hartlepool  ;  together  with  a  copy  of  a  report  of  the  head 
constable  of  Liverpool,  relative  to  the  steamer  Gibraltar,  late  Sumter, 
and  stating  that  the  Southerner  is  expected  to  arrive  at  that  port  on  or 
about  the  9th  instant. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 

[Inclosure  1  in  No.  79.1 

Mr.  Gray  to  Mr.  Waddington,  June  5,  1863. 

[See  case  of  Southerner.] 


[Inclosure  2  in  No.  79.] 

Newspaper  extract. 

[See  case  of  Southerner.] 


BRITISH    CASE    AND     PAPERS  101 

[Inclosure  3  in  No.  79.] 

Mr.  Peacock  to  Mr.  Waddington,  June  5,  1863. 

[See  case  of  Southerner.] 


[Inclosure  4  in  No.  79.  J 

Police  report. 

Liverpool  Constabulary  Force, 

CentrxVl  Police  Office, 

Friday,  June  5,  1863. 

The  head  constable  has  the  honor  to  report,  for  the  information  of  his  worship  the 
mayor,  that  he  has  caused  inquiry  to  be  made  relative  to  the  matters  contained  in  two 
declarations  forwarded  to  his  worship  from  the  home  office  (herewith,  together  with  a 
communication  from  the  United  States  minister,  referring  to  the  declarations,  and  a 
communication  from  the  home  office  in  reference  to  the  Southerner,  returned)  respect, 
ing  the  screw-steamer  Gibraltar,  late  Sumter,  now  taking  in  cargo  in  the  Clarence  Basin- 
and  begs  most  respectfully  to  submit  the  following  particulars  : 

The  detective  constable  who  has  been  specially  employed  on  this  particular  duty, 
has  for  some  time  past  been  keeping  a  watch  on  the  Gibraltar,  from  the  time  of  her 
taking  in  coals  while  lying  in  the  great  float  at  Birkenhead  up  to  the  present  date. 
He  has  seen  machinery  put  on  board,  apparently  parts  of  very  large  gun-carriages, 
some  of  which  were  in  cases,  and  he  has  reason  to  believe  that  it  must  have  been  some- 
thing of  the  kind  seen  by  the  dock-gateman,  as  mentioned  in  Captain  Markham's 
declaration. 

He  has  received  information  upon  which  he  can  rely  that  one  of  the  two  large  guns 
about  to  be  sent  out  in  the  Gibraltar  is  at  present  in  the  hands  of  the  manufacturer 
here,  and  that  by  to-morrow  evening  he  expects  to  be  in  possession  of  information  as 
to  where  the  other  large  gun  is.  He  has  reason  to  believe  that  the  destination  of  the 
Gibraltar  is  Nassau. 

Respecting  the  Southerner,  he  has  received  information  that  she  is  expected  to  arrive 
here  on  or  about  the  9th  instant,  and  that  she  will  be  in  charge  of  Captain  Butcher, 
the  same  person  who  took  the  Alabama  from  this  port. 

(Signed)  J.  J.  GREIG. 


|69J  *No.  80. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  June  9, 1863. 
Sir  :  With  reference  to  your  letter  of  yesterday's  date,  inclosing  a 
copy  of  a  report  dated  the  4th  instant,  from  the  surveyor  of  customs  at 
Liverpool,  in  which  he  states  that  he  had  personally  inspected  the  hold 
of  the  Gibraltar,  and  had  found  no  guns  of  any  description  on  board,  I 
am  directed  by  Earl  Eussell  to  transmit  to  you,  to  be  laid  before  the 
board  of  treasury,  a  copy,  received  through  the  home  office,  of  a  report 
from  the  head  constable  at  Liverpool,  dated  the  5th  instant,1  from 
which  it  appears  that  the  detective  who  has  been  watching  the  Gib- 
raltar states  that  he  has  seen  machinery  put  on  board,  apparently  parts 
of  very  large  gun-carriages,  some  of  which  were  in  cases ;  that  he  has 
received  information,  upon  which  he  can  rely,  that  one  of  the  two  large 
guns  about  to  be  sent  out  on  the  Gibraltar  is  at  present  in  the  hands 
of  the  manufacturer  at  Liverpool ;  that  by  to-morrow  evening,  i.  e.,  the 
6th  instant,  he  expected  to  be  in  possession  of  information  as  to  where 


Inclosure  4  in  No.  79. 


102  TREATY    OF    WASHINGTON.  * 

the  other  gun  was;  and  that  he  has  reason  to  believe  that  the  destin- 
ation of  the  Gibraltar  is  Nassau. 

Lord  Russell  has  no  doubt  that  under  these  circumstances  the  lords 
of  the  treasury  will  think  it  right  to  direct  that  further  inquiries  re- 
specting this  vessel  shall  be  set  on  foot  by  the  customs  authorities  at 
Liverpool. 

J  am,  &c, 

(Signed)  •  E.  HAMMOND. 


No.  81. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
.   June  12,  1863.     (Received  June  12.) 
Sir  :  With  reference  to  your  letter  of  the  9th  instant  respecting  the 
vessel  Gibraltar,  I  am  commanded  by  the  lords  commissioners  of  Her 
Majesty's  treasury  to  transmit  to  you,  for  the  information  of  Earl  Rus- 
sell, two  communications  from  the  commissioners  of  customs,  dated  the 
11th  and  12th  instant,  together  with  a  report  dated  this  day,  from  their 
lordships'  assistant  solicitor ;  and  I  am  to  state  that  my  lords  propose 
writing  to  the  commissioners  of  customs  in  the  terms  of  Mr.  Greenwood's 
report,  provided  Earl  Russell  sees  no  objection. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[In closure  1  in  No.  81.] 

Mr.  Gardner  to  Mr.  Hamilton. 

[Immediate.] 

Custom-House,  June  11,  1861?. 

Sir  :  With  reference  to  the  further  communication  from  the  foreign  office  respecting 
the  vessel  Gibraltar,  (late  Sumter,)  which  was  yesterday  transmitted  from  the  treasury 
for  the  inquiry  and  report  of  this  board,  I  am  directed  to  acquaint  you  for  the  infor- 
mation of  the  lords  commissioners  of  Her  Majesty's  treasury,  that  on  receipt  of  the 
papers  the  board  telegraphed  to  their  collector  at  Liverpool,  as  follows : 

"  It  is  stated  that  machinery  has  been  put  on  board  the  Gibraltar,  apparently  parts 
of  very  large  gun-carriages,  some  of  which  were  in  cases.  Inquire  and  report  the 
result  by  this  evening's  post." 

The  board  have  this  day  received  a  letter  from  the  collector  at  Liverpool,  inclosing 
a  report  of  the  surveyor,  from  which  it  appears  that  having  personally  inspected  the 
holds  of  the  Gibraltar,  he  found  in  them  a  considerable  quantity  of  machinery  and 
heavy  iron  castings,  which  appear  to  be  for  a  bridge.  Some  of  the  finer  parts  were  in 
cases.  There  are  no  guns  at  present  on  board,  but  it  is  intended  to  ship  two  of  great 
weight;  and  the  surveyor  submits  whether  any  objection  can  be  raised  to  such  ship- 
ment as  merchandise.    He  adds  that  a  portion  of  the  iron  castings  may  be  intended  as 

the  carriages  for  the  two  guns  referred  to. 
[70]  *I  am  at  the  same  time  to  state  that  the  collector  has  forwarded  to  the  board 

an  application  of  Messrs.  Klingender  &  Co.,  the  owners  of  the  Gibraltar,  de- 
siring to  be  informed  whether  any  objection  will  be  made  by  the  customs  to  the  ship- 
ment of  the  guns  ;  and  as  the  collector  has  begged  to  be  furnished  with  instructions 
on  that  application  by  telegraph,  I  am  to  submit  a  copy  of  the  same  herewith,  and  to 
signify  the  request  of  the  board  to  be  favored  with  their  lordships'  early  directions, 
having  to  observe  that  the  board  are  not  aware  of  any  customs  law  under  which  the 
exportation  of  the  guns  is  prohibited.    The  vessel  is  entered  out  for  Callao. 

I  am  to  add  that  the  papers  received  from  their  lordships  were  transmitted  to  the 
collector  at  Liverpool  by  last  night's  post  for  his  immediate  inquiry  and  report,  with 
respect  to  the  statements  therein  contained. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER- 


v  BRITISH    CASE    AND     PAPEES.  103 

[Inclosure  2  in  Iso.  81.] 
Messrs.  Klingender  tf-  Co.  to  Mr.  Edwards. 

22  Water  Street,  Liverpool,  June  10,  1868. 

Sir  :  We  have  chartered  onr  steamship  Gibraltar  to  a  gentleman  in  London,  and 
among  the  cargo  that  the  charter  proposed  to  ship  are  two  very  large  fort  guns, 
21  tons  each,  which  can  only  be  got  on  board  and  discharged  by  the  help  of  a  heavy 
crane. 

The  officers  of  the  ship  reported  to  us  that  Her  Majesty's  customs  officers  have  more 
than  once  searched  the  vessel,  and  broken  open  packages  to  endeavor  to  discover  con- 
cealed arms  and  guns.    None  are  on  board. 

We  wish  respectfully*to  ask,  if  we  allow  the  charterer  to  put  on  board  the  aforesaid 
two  large  fort  guns,- whether  our  ship  will  be  seized  by  Her  Majesty's  customs,  and  we 
put  to  heavy  expenses,  without  any  redress  upon  the  informer  and  his  backers. 

Under  our  charter  we  are  liable  for  damages  if  we  do  not  take  this  freight ;  on  the 
other  hand,  from  appearances,  if  we  do  receive  it,  Her  Majesty's  customs  may  seize 
the  vessel. 

We  remain,  &c,  * 

(Signed)  M.  G.  KLINGENDER  &  CO. 


[Inclosure  3  in  No.  81.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  London,  June  12, 1863. 
Sir  :  With  reference  to  my  letter  of  yesterday's  date,  I  am  now  directed  to  return 
the  papers  respecting  the  vessel  Gibraltar,  (late  Sumter,)  which,  it  is  alleged,  is 
fitting  out  at  Liverpool  for  the  Confederate  States  of  America,  with  a  copy  of  the 
report  of  the  surveyor  of  this  revenue  at  Liverpool,  dated  the  11th  instant,  addressed 
to  the  collector  at  that  port,  from  which  it  would  appear  that  there  is  no  reason  to 
believe  that  the  vessel  is  to  be  employed  in  any  other  than  legitimate  trade ;  and  I  am 
to  signify  the  request  of  the  board  to  be  favored  with  their  lordships'  early  directions 
on  this  case. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


[Inclosure  4  in  No.  81.] 

Mr.  Morgan  to  Mr.  Edwards. 

Liverpool,  June  11,  1863. 

Sir  :  I  have  the  honor  to  report  that  I  have  frequently  been  on  board  the  Gibraltar 
since  her  arrival  here,  and  this  morning  again  personally  inspected  her  hold,  and  satis- 
fied myself  as  to  my  former  statements  being  correct  that  she  is  not  now  destined  to 
be  employed  in  hostilities  against  the  Government  of  the  United  States,  nor  has  she  on 
board  any  portion  of  a  vessel's  armament  or  warlike  fittings. 

There  is  a  considerable  quantity  of  manufactures  of  iron  aud  castings,  four  of  which 
latter  have  the  appearance  of  being  parts  of  heavy  gun-carriages  in  a  disjointed 
[71]       state  ;  *but  whether  they  are  portions  of  the  carriages  of  the  guns  which  it  is 
intended  to  ship,  or  parts  of  powerful  portable  cranes,  engineers,  whose  atten- 
tion I  have  drawn  to  them,  cannot  satisfactorily  determine. 

The  cases  on  board  have  been  examined,  and  found  to  contain  the  finer  parts  of  a 
machine,  among   which  are  iron  straps,  or  probably  the  breaks  of  a  crane. 

It  need,  not  be  remarked  that  it  is  impossible  for  us  to  state  what  is  the  actual  des- 
tination of  any  vessel.  She  is  entered  out  for  Callao ;  but,  as  she  cannot  carry  more 
than  sixteen  days'  consumption  of  fuel,  she  will  be  required  to  call  at  more  than  one 
intermediate  coaling  station. 

Whatever  may  be  her  intended  destination,  her  officers  on  board  have  no  suspicion 
of  its  being  any  other  than  a  strictly  legitimate  trade  in  which  they  are  to  be  employed, 
and  the  cargo  which  has  been  shipped  so  far  differs  altogether  from  that  which  has 
been  taken  by  vessels  suspected  of  being  intended  to  run  the  blockade.  ^ 

I  beg  further  to  add,  that  I  have  applied  at  the  office  of  the  shippers  of  the  heavy  iron 
castings  for  information  as  to  the  intended  use  of  them,  but  obtained  no  satisfactory 
reply.     They  stated  that  they  knew  nothing  of  them  except  as  machinery. 

Very  respectfully  submitted. 

^Signed)  E.  MORGAN,  Surveyor. 


104  TREATY    OF   WASHINGTON.      * 

No.  82. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

[Pressing.] 

Temple,  June  13, 1863.  (Received  June  13.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  12th  June  instant,  stating  that  he  was 
directed  to  transmit  to  us  a  letter  from  Mr.  Adams,  again  calling 
attention  to  the  Gibraltar,  or  Sumter,  now  fitting  at  Liverpool,  and  as 
to  the  destination  of  which  vessel  he  entertains  suspicions.  Mr.  Ham- 
mond was  also  pleased  to  inclose  letters  from  the  home  office  and 
treasury,  containing  the  results  of  the  inquiry  which  their  respective 
officers  have  made  in  consequence  of  Mr.  Adams's  letter,  and  to  request 
that  we  would  take  the  same  into  consideration,  and  to  report  to  your 
lordship  what  course  Her  Majesty's  government  should  adopt  under 
present  circumstances. 

In  obedience  to  your  lordship's  commands  we  have  taken  this  case 
into  consideration,  and  have  the  honor  to  report — 

That  we  are  of  opinion  that  this  case  has  assumed  a  very  suspicious 
aspect,  but  that  the  papers  before  us  furnish  no  evidence  which  would 
warrant  Her  Majesty's  government  in  directing  the  vessel  to  be  seized 
for  a  violation  of  the  foreign  enlistment  act.  But  we  think  that  having 
regard  to  the  previous  history  of  this  vessel,  and  to  the  request  of 
Messrs.  Klin  gender,  (10  June,  1863,)  Her  Majesty's  government  ought 
to  call  upon  those  persons  to  furnish  them  with  an  explanation  as  to  the 
necessity  of,  and  reason  for,  placing  these  guns  and  gun-carriages  on 
board,  and  to  give  directions  to  the  proper  officers  of  the  customs  to 
refuse  the  clearance  until  further  orders.  We  shall  be  glad  to  have  an 
opportunity  of  further  considering  this  case  when  the  communication 
from  Messrs.  Klingender  shall  have  arrived. 
We  have,  &c, 

(Signed)  WM.  ATHERTOK 

R.  PALMER, 
R.  J.  PHILLIMORE. 


Ko.  83. 
Mr,  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  June  14, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaint 
the  lords  commissioners  of  Her  Majesty's  treasury  that  his  lordship  lost 
no  time  in  referring  to  the  consideration  of  the  law-officers  of  the  Crown 
your  letter  of  the  12th  instant,  inclosing  further  reports  respecting  the 
case  of  the  Gibraltar,  or  Sumter,  at  Liverpool,  and  I  am  now  to  transmit 

to  you,  to  be  laid  before  their  lordships,  a  copy  of  the  report  which 
[72]      *  has  been  received  from  the  law-officers1,  by  which  their  lordships 

will  perceive  that  the  law-officers  are  of  opinion  that  the  parties 
interested  in  the  vessel  should  be  required  to  furnish  further  explanation 
respecting  the  guns  to  be  embarked  on  board  her,  and  that  in  the  mean- 

iNo.  82. 


BRITISH    CASE   AND    PAPERS.  105 

time  her  clearance  should  be  withheld ;  and  I  am  to  request  that  you 
will  move  the  lords  of  the  treasury  to  give  immediate  directions  to  the 
commissioners  of  customs  in  conformity  with  the  opinion  of  the  law- 
officers. 

I  am  to  return  to  you  the  original  papers  inclosed  in  your  letter,  of 
which  Lord  Kussell  would  be  glad  to  have  copies  as  soon  as  they  can  be 
supplied. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  84. 
Mr.  Peel  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers,  June  10, 1863.  (Received  June  16.) 
Sir  :  With  reference  to  the  previous  correspondence  respecting  the 
shipment  of  guns  on  board  the  Gibraltar,  I  am  desired  by  the  lords  com- 
missioners of  Her  Majesty's  treasury  to  transmit,  for  the  information  of 
Earl  Russell,  the  inclosed  papers,  which  have  been  received  this  day  by 
their  lordships  from  the  commissioners  of  customs ;  and  I  am  to  request 
that  you  will  move  the  secretary  of  state  to  inform  this  board  whether 
his  lordship  is  of  opinion  that  the  clearance  of  the  vessel  should  con- 
tinue to  be  withheld. 

I  am,  &c.y 

(Signed)  F.  PEEL. 


[Inclosure  1  in  !No.  84.] 
Mr.  Gardner  to  Mr.  Peel. 

Custom-House,  June  16,  1863. 

Sm:  With  reference  to  the  order  of  the  lords  commissioners  of  Her  Majesty's  treasury 
of  yesterday's  date  respecting  the  guns  about  to  he  shipped  on  board  the  vessel  Gib- 
raltar, late  Sumter,  I  am  directed  to  transmit  the  inclosed  copies  of  reports  of  the 
collector  of  this  revenue  at  Liverpool  and  surveyor  at  that  port,  dated  the  15th,  with  a 
copy  of  a  letter  from  Messrs.  Klingender  &  Co.  in  reply  to  the  inquiry  directed  by  their 
lordships  as  to  the  necessity  of,  and  reason  for,  placing  the  guns  on  board.  I  am  at  the 
same  time  to  transmit  the  accompanying  copy  of  a  report  of  the  board's  solicitor  on  the 
matter,  and  to  signify  the  request  of  the  board  to  be  informed  whether,  under  the  cir- 
cumstances stated  by  the  solicitor,  their  lordships  desire  that  the  order  for  refusing  the 
clearance  of  the  vessel  should  remain  in  force. 

I  am  also  to  call  your  attention  to  the  postscript  to  the  report  of  the  surveyor, 
stating  the  understanding  upon  which  the  information  contained  in  his  report  was 
given  to  him. 

I  am,  &c., 

(Signed)  F.  G.  GARDNER,  Secretary. 


[Inclosure  2  in  No.  84.] 
Mr.  Morgan  to  Mr.  Gardner. 

Liverpool,  June  15,  1863. 

Sir  :  Referring  to  the  steamer  Gibraltar,  formerly  Sumter,  I  beg  to  report  that  since 
we  were  made  aware  that  two  heavy  guns  were  intended  to  bo  shipped  in  that  vessel, 
I  have  had  a  confidential  conversation  with  one  of  the  firm  of  Forrester  &  Co.,  of  the 
Vauxhall  foundry,  where  they  were  made  and  where  they  now  are. 

It  appears  from  that  gentleman's  statements  that  their  employer  is  Captain  Blake 


106  TREATY    OF   WASHINGTON. 

ley,  formerly  of  the  royal  artillery;  and  he  is  under  the  impression  that  the  guns  are 
to  accompany  the  vessel  not  further  than  Bermuda. 

He  further  admitted  that  portions  of  the  carriages  had  been  shipped,  and  upon  my 
referring  to  four  heavy  iron  castings  on  board,  he  implied  that  they  were  component 

parts. 
[73]        *I  further  beg  to  state  that  Captain  Blakeley's  signature  is  attached  to  the 

charter-party,  and  that  the  vessel  was  entered  outward  for  Callao  under  his 
directions,  as  stated  by  Mr.  Klingender. 

I  have  inspected  the  two  guns,  and  am  informed  that  they  each  weigh  21  tons,  and 
are  intended  to  throw  a  shot  weighing  620  pounds. 

Respectfully  submitted. 

(Signed)  E.  MORGAN. 

P.  S. — I  beg  to  observe  that  the  above  information  was  communicated  to  me  upon  the 
understanding  that  no  use  should  be  made  of  it  to  the  prejudice  of  my  informants. 

E.  M. 


[Inclosure  3  in  No.  84.] 

Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  June  15,  1863. 
Honorable  Sies  :  I  beg  to  transmit,  for  the  information  of  the  board,  the  preceding 
report  of  Mr.  Morgan,  surveyor,  with  reference  to  the  guns  proposed  to  be  shipped  on 
board  the  Gibraltar,  as  directed  by  the  telegram  received  from  the  chairman  yesterday. 
I  have  called  upon  Messrs.  Klingender  &  Co.  for  an  explanation  as  to  the  necessity  of 
and  reason  for  placing  guns  and  carriages  on  board  the  vessel,  and  will  transmit  their 
reply  as  soon  as  received,  and  I  have  given  directions  to  refuse  clearance  to  the  vessel 
until  further  orders. 

Since  writing  the  aforegoing,  the  inclosed  letter  from  Messrs.  Klingender  &  Co.  has 
been  received. 

(Signed)  S.  PRICE  EDWARDS, 

Collector. 


\ Inclosure  4  in  ISo.  84.] 

Messrs.  Klingender  $  Co.  to  Mr.  Edwards. 

Liverpool,  June  15,  1863. 
Sir  :  In  reply  to  your  favor  of  this  date  respecting  the  guns  we  wish  to  take  as  freight 
in  the  steamship  Gibraltar,  they  being  now  in  the  Vauxhall  foundery  in  this  town,  we 
requested  Mr.  Morgan,  of  Her -Majesty's  customs,  to  inspect  the  same.    They  are  not 
capable  of  being  used  for  sea-service,  as  he  will  no  doubt  report. 

The  charterer  of  the  ship  is  Captain  Blakeley,  R.  A.,  of  London,  who  is  the  shipper 
of  the  two  guns,  with  which  we  have  nothiug  whatever  to  do,  nor  can  we  say  to  whom 
they  are  sold,  as  the  ship  is  on  .a  time  charter. 

Respecting  gun-carriages,  we  are  not  aware  that  there  are  any  on  board  the 
Gibraltar. 

We  remain,  &c, 

(Signed  M.  G.  KLINGENDER  &  CO. 


No.  85. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Temple,  June  20, 1863.  (Received  June  23.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands,  signified 
in  Mr.  Hammond's  letter  of  the  16th  instant,  stating  that,  with  reference 
to  our  report  of  the  13th  instant,  upon  the  case  of  the  Gibraltar,  other- 
wise Sumter,  he  was  directed  by  your  lordship  to  transmit  to  us, 
together  with  the  previous  papers,  a  letter  from  the  treasury,  inclosing 
a  letter  from  the  commissioners  of  customs,  forwarding  a  further  report 


BRITISH    CASE    AND     PAPERS.  107 

from  the  surveyor  at  Liverpool  and  other  papers,  including  an  explana- 
tion from  Messrs.  Klingender  &  Co.  with  regard  to  the  two  heavy  guns 
shipped  on  board  that  vessel. 

Mr.  Hammond  was  to  request  that  we  would  take  these  papers  into 
consideration,  and  furnish  your  lordship  with  our  opinion  as  to  the 
course  which  should  be  pursued  by  Her  Majesty's  government  in  regard 

to  the  Sumter. 
[74]        *In  obedience  to  your  lordship's  commands,  we  have  taken  these 
papers  into  consideration,  and  have  the  honor  to  report — 

That  the  letter  of  Messrs.  Klingender  &  Co.  is  not  satisfactory.  Mr. 
Morgan  does  not  vouch,  as  Mr.  Klingender  expects,  that  the  guns  in 
question  are  not  fit  for  sea-use ;  and  he  does  speak  distinctly  to  the 
fact  of  gun-carriages  being  on  board,  of  which  fact  Messrs.  Klingender 
declare  themselves  to  be  ignorant. 

We  think  that  Mr.  Morgan  should  be  distinctly  asked  whether  the 
guns  are  unfitted  for  sea  use,  and  that  Messrs.  Klingender's  attention 
should  be  drawn  by  Mr.  Morgan  (to  whom  they  have  themselves 
appealed)  to  the  portions  of  gun-carriages  and  the  heavy  iron  castings 
now  on  board,  and  a  further  explanation  is  required  from  them. 

The  solicitor  to  the  customs  appears,  in  his  observations  on  this  case, 
to  leave  entirely  out  of  sight  the  previous  history  of  the  Sumter,  but  we 
think  it  better  for  Her  Majesty's  government  to  incur  some  possible  risk 
of  liability  in  damages  for  a  temporary  detention  of  the  vessel  than 
(having  regard  to  that  previous  history  and  to  the  questions  of  mari- 
time law  which  it  may  raise  when  the  vessel  is  at  sea)  to  acquiesce  in 
her  taking  out  what  may  prove  to  be  a  formidable  armament  without 
being  satisfied,  on  reasonable  grounds,  that  the  guns,  &c,  are  really  in- 
tended for  a  lawful  commercial  purpose. 

The  names  of  Messrs.  Klingender  have  appeared,  in  other  transac- 
tions which  have  come  under  our  notice,  to  be  connected  with  the  known 
agencies  of  the  Confederate  States  at  Liverpool ;  and  no  explanation  as 
to  the  true  destination  and  consignment,  either  of  the  vessel  herself  or 
of  the  guns,  &c,  or  as  to  the  occasion  for  shipping  goods  of  this  descrip- 
tion on  board,  has  yet  been  sought  or  offered  from  the  alleged  charterer, 
Captain  Blakeley. 

We  have,  &c, 

(Signed)  WM.  ATHERTON. 

ROUNDELL  PALMER. 
ROBERT  PHILLTMORE. 


No.  86. 

Mr.  Waddington  to  Mr.  Hammond. 

Waitehall,  June  22,  1863.     (Received  June  23.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you, 
fo  l  the  information  of  Earl  Russell,  the  inclosed  copy  of  a  further  report 
from  the  head  constable  of  Liverpool,  respecting  vessels  fitting  out  in 
the  port  of  Liverpool,  which,  it  is  supposed,  are  intended  to  act  against 
the  Government  of  the  United  States  of  America. 
I  have,  &c, 
(Signed)  H.  WADDINGTON. 


108  TREATY    OF    WASHINGTON. 

[In closure  in  No.  86.  J 
Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Force, 

June  18,  1863. 

The  head  constable  has  the  honor  to  lay  before  his  worship  the  mayor  further  reports 
respecting  the  fitting  out  of  vessels  in  this  port  which  are  believed  to  be  intended  to 
act  hostilely  toward  the  United  States  of  America.  These  reports  are  continued  from 
Friday  the  5th  June  up  to  the  present  date,  both  periods  inclusive. 

Friday,  June  5, 1863. — The  officer  engaged  in  preparing  reports  in  reference  to  large 
guns  having  having  been  put  on  board  the  screw-steamer  Gibraltar ;  also  engaged  in 
reference  to  the  new  screw-steamer  Southerner,  recently  launched  at  Stockton-on-Tees; 
also  engaged  visiting  the  steamship  Gibraltar,  which  is  now  taking  on  board  a  large 
number  of  shells,  weighing  nearly  three  hundred- weight  each  ;  upward  of  fifty  of 
them  are  on  the  dock-quay,  and  a  number  of  men  are  engaged  rolling  them  on  board. 
She  is  still  lying  in  the  Clarence  Basin,  afterward,  seeing  persons  relative  to  the  two 
large  guns  said  to  have  been  put  ou  board,  was  answered  that  they  were  the  carriages 
and  not  the  guns  which  had  been  put  on  board  that  day.  The  Phantom  still  remains 
in  the  Bramley  Moor  dock,  and  to  all  appearance  she  is  ready  for  sea.  Saw  Mr. 
[75]  Thomas,  the  carpenter,  who  was  ^employed  in  building  the  steamship  Alexandra 
and  who  is  required  as  a  witness,  also  seeing  the  United  States  vice-consul. 

Saturday,  June  8. — Engaged  making  further  inquiry  respecting  the  Gibraltar  ascer- 
tained that  she  has  now  150  shots,  each  weighing  five  hundred  weight  on  board,  and  50 
shells  of  the  same  size,  and  nearly  as  heavy,  are  now  ready  to  be  put  on  board.  One  of 
the  large  guns  had  not  been  removed  from  the  manufactory  at  2  p.  m.,  but  the  other 
has  been  taken  away,  but  whether  it  has  been  put  on  board  or  not  the  officer  has  not 
been  able  to  learn. 

Monday,  June  8. — Officer  engaged  making  inquiry  about  the  guns  and  shells  for  the 
Gibraltar,  and  finds  that  the  two  guns  and  carriages  weighing  84  tons,  and  50  shells, 
each  weighing  300  pounds,  are  still  in  the  manufactory  here.  Making  inquiry  and 
watching  for  the  arrival  of  the  Southerner,  which  is  expected  to-day.  Ascertained 
that  instructions  had  been  given  to  the  master  carter  to  hold  himself  in  readiness  to 
remove  the  two  guns  and  carriages.  No  definite  time  has  been  fixed  for  their  removal 
except  that  it  will  be  just  as  the  Gibraltar  is  ready  to  sail. 

Tuesday  June  9. — Engaged  seeing  the  United  States  consul  and  making  inquiry  re- 
specting the  guns,  &c,  for  the  Gibraltar  also  making  inquiry  about  the  steamship 
Southerner,  which  is  daily  expected. 

Wednesday,  June  10. — Engaged  in  obtaining  further  evidence  respecting  the  Gibral- 
tar.   Ascertained  that  the  Phantom  sailed  about  9  a.  m.  this  day. 

Thursday,  June  11. — Engaged  making  inquiry  about  the  Gibraltar.  The  guns  are 
still  in  the  manufactory.  Making  inquiry  by  order  of  Mr.  Hamel,  solicitor  general  to 
Her  Majesty's  customs,  at  the  request  of  the  United  States  consul,  for  Mrs.  Mary  Mac- 
millan  who  is  wanted  as  a  witness ;  found  her  and  reported  to  the  United  States  consul. 
Afterwards  engaged  in  a  special  misdemeanor  case. 

Friday,  June  12. — Engaged  making  inquiry  about  the  Gibraltar ;  the  guns  are  not 
yet  put  on  board.  One  hundred  tons  of  lead  were  put  on  board  to-day.  This  lead 
was  brought  from  London  in  a  steamer.  Saw  the  manager  of  Messrs.  Squarey  &  Co., 
relative  to  some  other  guns  alleged  to  have  been  shipped  here  for  the  same  vessel. 

Saturday,  June  13. — Seeing  persons  with  a  view  to  obtaining  further  information 
&bout  the  guns  for  the  Gibraltar. 

Monday  June  15. — Engaged  in  obtaining  further  information  respecting  the  steam- 
ship Gibraltar,  but  nothing  new  transpired. 

Thursday,  June  18. — Officer  has  had  nothing  to  report  since  the  15th  instant,  until 
now.  The  steamship  Southerner,  Captain  Butcher,  arrived  here  yesterday  from  Har- 
tlepool, and  is  now  lying  in  the  Huskisson  dock. 

(Signed)  ,  J.  J.  GREIG, 

Read  Conslabk. 


Ko.  87. 
Mr.  Layard  to  the  secretary  to  the  treasury. 

[Pressing.] 

Foreign  Office,  June  23, 1863. 
•  Sir  :  With  reference  to  your  letter  of  the  16th  instant,  inclosing  papers 
received  from  the  commissioners  of  customs  respecting  the  shipment  of 


BRITISH    CASE    AND    PAPERS.  100 

guns  on  board  the  Gibraltar  and  requesting  to  be  informed  whether 
Earl  Kussell  was  of  opinion  that  the  clearance  of  that  vessel  should 
continue  to  be  withheld,  I  am  directed  by  his  lordship  to  transmit  to 
you  a  copy  of  a  further  report  from  the  law-officers  of  the  Crown,1  point- 
ing out  in  what  respects  the  explanations  furnished  relative  to  these 
guns  are  unsatisfactory,  and  suggesting  the  further  inquiries  which  they 
consider  should  be  addressed  to  Sir.  Morgan  and  to  Messrs.  Klingender 
respecting  them. 

I  am  accordingly  to  request  that  you  will  move  tlie  lords  commission- 
ers of  Her  Majesty's  treasury  to  address  the  requisite  instructions  to 
that  effect  to  the  commissioners  of  customs,  and  I  am  to  add  that,  under 
present  circumstances,  LordEussell  is  of  opinion  that  the  Gibraltar's 
clearance  should  continue  to  be  withheld. 

The  original  papers  which  accompanied  your  letter  are  returned  here- 
with.   I  am,  however,  to  request  that  Lord  Eussell  may  be  favored  with 
copies  of  them  as  soon  as  possible. 
I  am,  &c, 
(Signed)  A.  H.  LAYARD. 


[76]  ,  *Ko.  88. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  June  23, 1864.    (Eeceived  June  24.) 
Sm :  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you, 
for  the  information  of  Earl  Eussell,  the  inclosed  copy  of  a  further  report 
by  the  head  constable  at  Liverpool  as  to  the  steamers  Southerner  and 
Gibraltar. 

I  am,  &c, 

(Signed)  H.  WADDINGTOK 


[Inclosure  in  No.  88.] 

Police  report 

Liverpool  Constabulary  Force,  Central  Police  Office, 

Saturday,  June  20,  1863. 
The  head  constable  has  the  honor  to  lay  before  his  worship  the  mayor  further 
reports  relative  to  the  fitting  out  of  vessels  at  this  port,  &c,  continued  from  Thursday, 
June  18. 

Friday,  June  19. — The  officer  was  engaged  making  further  inquiry  respecting  the 
Southerner.  She  is  still  lying  in  the  Huskisson  dock,  taking  in  coals  from  flats  ;  also 
engaged  respecting  some  witnesses  in  the  trial  of  the  Alexandra,  about  to  come  on  in 
London  on  Monday  next. 

Saturday,  June  20,  11  o'clock  a.  m. — Up  to  this  time  no  change  has  taken  place  in 
either  of  the  steamships  Gibraltar  or  Southerner.  The  former  appears  quite  ready 
for  sea,  and  from  her  appearance  it  seems  that  the  two  large  guns  and  carriages  are 
not  intended  to  be  sent  out  in  her.  They  are  still  in  the  manufactory,  and  the  officer 
has  been  informed  that  they  are  likely  to  be  sent  from  here  by  railway,  to  be  shipped 
for  some  foreign  port. 

(Signed)  J.  J.  GREIG, 

Head  Constable. 

lNo.  85. 


110  TREATY    OF   WASHINGTON. 

No.  89. 

Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  June  25,  1863. 
Sir:  I  have  laid  before  Earl  Russell  your  letters  of  the  22d  and  23d 
instant,  inclosing  a  copy  of  a  further  report  from  the  head  constable  of 
Liverpool,  respecting  vessels  fitting  out  at  that  port,  which,  it  is  sup- 
posed, are  intended  to  act  against  the  government  of  the  United  States. 
I  am,  in  reply,  to  request  that  you  will  move  Secretary  Sir  George 
Grey  to  give  directions  to  the  police  to  continue  to  watch  these  vessels. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  90. 

Mr.  Arbuthnot  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Caambers,  June  29, 1863.  (Received  June  29.) 
Sir  :  With  reference  to  former  correspondence  on  the  subject  of  the 
vessel  Gibraltar,  or  Sumter,  I  am  commanded  by  the  lords  commission- 
ers of  Her  Majesty's  treasury  to  transmit  herewith  copy  of  a  further 
letter  from  the  commissioners  of  customs,  with  its  inclosures,  being 
explanations  upon  the  points  adverted  to  by  the  law-officers  of  the 
Crown  in  their  report  to  the  secretary  of  state ;  and  I  am  to  request 
that,  in  laying  these  papers  before  Earl  Russell,  you  will  move  his  lord- 
ship to  favor  this  board  with  his  views  as  to  the  instructions  to  be  now 
given  to  the  commissioners  of  customs. 

I  am,  &c, 

(Signed)  G.  ARBUTHNOT. 


£77]  [Inclosure  1  in  No.  90.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  June  29,  1863. 
Sir  :  Pursuant  to  the  order  of  the  lords  commissioners  of  Her  Majesty's  treasury, 
dated  the  24th  instant,  inclosing  a  copy  of  a  report  of  the  law-officers  of  the  Crown 
relating  to  the  vessel  Gibraltar,  late  Sumter,  and  desiring  that,  in  accordance  with  the 
opinion  of  the  law-officers,  the  board  would  call  upon  Mr.  Morgan,  one  of  the  surveyors 
of  this  revenue  at  Liverpool,  and  Messrs.  Klingender  &  Co.,  the  owners  of  the  ship,  for 
further  explanation,  and  that  in  the  mean  time  the  clearance  of  the  vessel  might  be 
withheld,  I  am  directed  to  state  that  the  necessary  orders  were  issued  to  the  collector 
at  Liverpool  accordingly,  and  I  am  now  directed  to  transmit  to  you  the  inclosed  copy 
of  a  report  from  the  collector  at  Liverpool,  dated  27th  instant,  with  copies  of  the 
papers  therein  referred  to,  and  to  signify  the  request  of  the  board  to  be  favored  with 
their  lordship's  furthet  and  immediate  instructions  in  this  matter  with  reference  to 
the  ruling  of  the  lord  chief  baron  in  the  case  of  the  vessel  Alexandra,  and  to  the  fact 
that  there  is  no  law  prohibiting  the  exportation  of  the  guns  shipped  in  the  Gibraltar. 

I  have,  &c, 

(Signed)  F.  G.  GARDNER. 


BRITISH    CASE    AND     PAPERS.  Ill 

[Inclosure  2  in  No.  90.] 

Mr.  Edwards  to  the  commissioners  of  customs. 

Customs,  Liverpool,  Jane  27,  1863. 
Honorable  Sirs  :  The  clearance  of  the  vessel  Gibraltar  shall  bo  withheld  as  directed. 
I  have  had  the  accompanying  letter  from  Mr.  Blakely,  (formerly  of  the  royal  artillery,) 
and  have  returned  him  an  answer,  a  copy  of  which  I  inclose.  The  guns  are  being 
shipped  to-day.  The  carriages  for  the  guns  are  in  the  ship,  as  admitted  to  me  by  Mr. 
Blakely,  the  shipper.  The  cannon  weighed  21  tons  each  gun,  and  are  larger  than  could 
be  used  on  board  any  ship,  as  they  carry  shot  weighing  600  pounds  each  shot ;  but  the 
question  as  to  their  destination  is  not  answered,  although  the  conclusion  at  which  I 
arrived  from  the  conversation  I  had  with  the  shipper  and  Mr.  Klingender,  the  owner  of 
the  ship,  was  that  the  whole  cargo  was  for  Nassau,  and  that  it  would  find  its  way  from 
that  place  to  the  Confederate  States.  Anyhow,  I  could  not  get  from  the  parties  the 
slightest  amount  of  information  touching  the  ultimate  destination  of  the  guns,  save  by- 
placing  inferences  on  their  remarks.  If  the  sending  of  the  guns  to  the  Confederate 
States  be  an  unlawful  disposal  of  them,  then  I  am  satisfied  the  destination  of  the  guns 
will  be  an  infringement  of  the  law ;  but  I  see  no  means  of  proving  the  case,  nor  by 
what  means  a  shipment  to  Nassau  can  be  stopped.  Indeed,  goods  destined  for  the  con- 
federates are  being  shipped  daily,  although  nominally  for  the  Bahamas. 
Respectfully, 
(Signed)  S.  PRICE  EDWARDS. 


[Inclosure  3  in  No.  90.] 

Captain  Blakely  to  Afr.  Edwards. 

Gough's  Hotel,  Birkenhead,  June  27,  1863. 
Sir:  I  have  the  honor  to  inclose  to  you  a  copy  of  a  letter  I  have  received  from  Mr. 
Klingender,  the  owner  of  the  steamship  Gibraltar,  chartered  by  him  to  me.    I  have 
taken  on  board  this  vessel  a  large  quantity  of  quartermaster-general's  stores,  and  I  am 
to-day  completing  the  cargo  by  shipping  two  large  guns. 

These  are  destined  for  a  fortress,  and  are  so  large  (21  tons)  that  they  are  utterly  in- 
capable of  being  used  on  board  any  ship  yet  built,  even  the  Great  Eastern. 

I  give  you  this  explanation  in  order  to  show  you  that  there  is  no  intention  to  arm 
the  Gibraltar  with  them,  this  appearing  to  me  (notwithstanding  Mr.  Klingender's 
letter)  to  be  the  probable  reason  for  the  course  taken  by  Her  Majesty's  customs,  to 
whom  I  cannot  suppose  the  ultimate  destination  of  the  guns  to  be  a  matter  of  any 

interest. 
[78]        *I   shall   feel  obliged  if,  after  this  explanation,  you  will  either  give  Mr. 
Klingender  the  necessary  clearances  or  assign  to  me  the  reason  why  they  are 
refused. 

I  have,  &c, 

(Signed)  J.  A.  BLAKELY 

P.  S. — My  address  after  to-day  will  be  35  Parliament  street,  London,  S.  W. 

J.  A.  B. 


[Inclosure  4  in  No.  90.] 
Messrs.  Klingender  $  Co.  to  Captain  Blakely. 

Liverpool,  June  26,  1863. 

Dear  Sir:  We  are  informed  by  the  collector  of  Her  Majesty's  customs  for  this  port 
that  if  we  permit  you  to  ship  the  two  large  fort-guns  on  board  the  steamship  Gibraltar, 
that  vessel  will  not  be  allowed  to  clear,  thus  preventing  us  performing  our  charter-party 
with  you.  This  action  on  the  part  of  Her  Majesty's  government  is  based  upon  the  sus- 
picion that,  ultimately,  your  fort-guns  may  find  their  way  into  the  southern  confed- 
eracy, the  collector,  in  reply  to  our  question,  having  informed  us  that  if  the  fort- 
guns  were  for  the  Federal  or  Northern  Government,  no  obstacle  would  be  placed  in  the 
way  of  their  being  shipped,  stating  at  the  same  time  that  such  shipments  to  New  York 
were  of  common  occurrence. 

Under  these  circumstances  wo  must  beg  of  you  to  relieve  us  from  this  unpleasant 
position.    We  will  relinquish  the  charter  withj  you,  if  you  wish  to  do  so  ;  or,  should 


112  TREATY    OF   WASHINGTON. 

you  prefer  adhering  to  it,  we  can  readily  find  you  other  cargo  to  fill  the  ship 
with.  If  you  insist  upon  sending  the  fort-guns  on  board,  we,  of  course,  must  receive 
them,  whatever  the  consequence  may  be ;  but,  in  that  case,  the  expenses  of  detention 
must  fall  upon  you.  Up  to  this  time  we  consider  them  as  resting  upon  us,  as  you  have 
delayed  the  shipment  at  our  request. 

We  are,  &c, 

(Signed)  M.  G.  KLINGENDER  &  CO. 


[In closure  5  in  No.  90.] 

Mr.  Edwards  to  Captain  Blakely. 

Custom-House,  Liverpool,  June  27,  1863. 
Sir  :  In  reply  to  your  letter  of  this  day's  date,  requesting  to  be  informed  why  a 
clearance  cannot  be  given  for  the  Gibraltar,  I  have  the  honor  of  acquainting  you  that 
a  stop  has  been  put  to  the  clearance,  by  the  directions  of  the  honorable  the  commissioners 
of  Her  Majesty's  customs,  before  whom  I  shall  forthwith  lay  your  letter,  with  a  view 
to  their  giving  any  further  directions  they  may  think  fit  on  the  subject. 
I  am,  &c, 
(Signed)  S.  PRICE  EDWARDS, 

Collector. 


No.  91. 

Mr.  Waddington  to  Mr.  Layard. 

[Immediate.] 

Whitehall,  June  29,  1863.  (Received  June  30.) 
Sir:  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you 
herewith  copies  of  a  letter  from  the  mayor  of  Liverpool,  and  of  a  further 
report  from  the  head  constable  of  that  borough,  relative  to  vessels  in 
that  port  which,  it  is  supposed,  are  intended  to  act  hostilely  against 
the  Government  of  the  United  States.  And  I  am  to  request  that  you 
will  submit  the  same  to  Earl  Eussell  and  move  his  lordship  to  inform 
Sir  George  Grey  whether,  on  consideration  of  the  last  paragraph  of 
the  mayor's  letter,  he  continues  of  opinion  that  instructions  should  be 
given  to  the  police  to  continue  to  watch  those  vessels,  agreeably  to  the 
wish  expressed  in  your  letter  of  the  25th  instant. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[79]  *[Inclosure  1  in  No.  91.  ] 

Mr,  Shutileioorth  to  Mr.  Waddington. 

Town  Hall,  Liverpool,  June  26,  1863. 
Sir  :  I  beg  to  forward  further  report,  made  by  the  head  constable  to  the  mayor  to- 
day on  the  subject  of  vessels  in  this  port  believed  to  be  acting  hostilely  toward  the 
United  States  Government.    This  seems  to  exhaust  the  means  of  information  to  be 
obtained  upon  this  subject ;  and  referring  to  your  letter  of  the  5th  instant,  I  have  to 
inform  you  that  the  head  constable,  considering  the  very  great  inconvenience  which 
results  from  the  officer  being  specially  detached  for  this  duty,  has  withdrawn  such, 
officer  from  the  same. 
I  am,  &c, 
(Signed)  WM.  SHUTTLEWORTH, 

Town  Clerk. 


BRITISH    CASE    AND    PAPERS.  113 

[Inclosure  2  in  No.  91.] 

Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

Thursday,  June  25,  1863. 

The  head  constable  has  the  honor  to  lay  before  his  worship  the  mayor  further  reports 
relative  to  the  fitting  out  of  vessels  in  this  port  believed  to  be  intended  to  act  hostilely 
toward  the  United  States  Government.  These  reports  are  continued  from  Monday,  the 
22d  instant,  up  to  this  day. 

Monday,  June  22. — Officer  continuing  his  inquiries  respecting  the  steamships  South- 
erner and  Gibraltar,  both  of  which  remain  in  the  same  condition  as  they  were  in  on 
Saturday. 

Tuesday,  June  23. — The  Southerner  is  still  lying  in  the  Trafalgar  dock,  apparently 
undergoing  some  slight  alteration,  testing  her  machinery,  &c. 

Thursday,  June  25. — The  Southerner  has  been  surveyed  by  Mr.  Byrne  and  a  gentle- 
man from  one  of  Her  Majesty's  dock-yards,  and  they  declare  that  her  construction  and 
fittings  show  her  to  be  adapted  for  a  passenger-ship.  Officer  has  seen  the  town  clerk 
and  the  United  States  vice-consul,  and  has  reported  verbally  to  them  the  result  of  his 
inquiries.  The  town  clerk  instructed  officer  to  report  to  the  head  constable  that,  as 
the  Gibraltar  is  now  being  watched  by  the  officers  of  Her  Majesty's  customs  and  as 
the  United  States  vice-consul  believes  nothing  more  need  be  done  at  present  in  the 
matter,  the  services  of  the  officer  specially  employed  may  be  discontinued  from  this 
date. 

Under  these  circumstances  the  head  constable  would  submit  to  his  worship  that  the 
officer  be  withdrawn  from  this  duty,  which  has,  from  the  beginning,  been  one  of  no 
small  difificultv  and  attended  with  no  small  degree  of  anxiety. 

(Signed)  J.  J.  GREIG, 

Head  Constable. 


No.  92. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

[Immediate.] 

Temple,  July  2,  1863.  (Received  July  2.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  29th  ultimo,  stating  that,  with  reference 
to  our  report  of  the  20th  ultimo,  pointing  out  that  the  explanations  re- 
specting\he  guns  to  be  shipped  on  board  the  Gibraltar  (or  Sumter)  were 
not  satisfactory,  he  was  directed  by  your  lordship  to  transmit  to  us, 
together  with  the  previous  papers,  the  draught  of  the  letter  which  was 
thereupon  addressed  to  the  treasury,  requesting  that  further  explana- 
tions should  be  called  for,  and  that  in  the  mean  time  the  Gibraltar's 
clearance  should  be  withheld  ;  and  also  a  letter  which  had  that  day 
been  received  by  your  lordship  from  the  treasury,  inclosing  further 
papers  received  from  the  customs  in  this  case. 

Mr.  Hammond  was  also  pleased  to  state  that  he  was  directed  by  your 
lordship  to  request  that  we  would  take  these  further  papers  into  our 
consideration  and  favor  your  lordship  at  our  earliest  convenience  with 
our  opinion  as  to  the  course  which  should  now  be  pursued  by  Her 

Majesty's  government  in  regard  to  the  Gibraltar. 
[80J  # In  obedience  to  your  lordship's  commands,  we  have  taken  these 
papers  into  our  consideration,  and  have  the  honor  to  report — 
That  we  are  of  opinion  that,  as  it  now  appears  that  the  guns  on  board 
the  Gibraltar  are  not  adapted  for  use  on  board  that  vessel,  but  are  to 
be  carried  out  as  merchandise,  the  clearance  of  that  vessel  should  be  no 
longer  delayed.  » 

We  have,  &c, 
(Signed)  WM.  ATHERTON. 

ROUNDELL  PALMER. 
R.  J.  PHILLIMORE. 
H.  Ex.  282,  vol.  ii 8 


114  TREATY    OF    WASHINGTON. 

^0.  93. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  July  2, 1863. 
Sir  :  With  reference  to  your  letter  of  the  29th  ultimo,  I  am  directed 
by  Earl  Eussell  to  transmit  to  you,  to  be  laid  before  the  lords  commis- 
sioners of  Her  Majesty's  treasury,  a  copy  of  a  report  from  the  law-offi- 
cers of  the  Crown,1  stating  that  they  are  of  opinion  that  as  the  guns 
on  board  the  Gibraltar  are  not  adapted  for  use  on  board  that  vessel,  but 
are  to  be  carried  out  as  merchandise,  the  clearance  of  that  vessel  should 
be  no  longer  delayed. 

I  am  to  request  that  you  will  move  the  lords  of  the  treasury  to  give 
directions  to  the  commissioners  of  customs  accordingly. 
I  am,  &c, 
(Signed)  •  E.  HAMMOND. 


No.  94. 

Major-General  Sir  E.  Lugard  to  Mr.  Hammond. 

War  Office,  September  15,  1863.  (Received  September  16.) 
Sir  :  Eeferring  to  the  previous  correspondence  relative  to  the  sale,  at 
Gibraltar,  of  the  confederate  steamer  Sumter,  I  am  directed  by  the  sec- 
retary of  state  for  war  to  transmit  to  you,  for  the  information  of  Earl 
Russell,  the  accompanying  copy  of  a  dispatch  from  Lieutenant- General 
Sir  William  Oodrington,  in  which  he  reports  that  he  had  consented  to 
the  guns  which  had  been  landed  from  that  vessel  being  removed  from 
Gibraltar  by  the  purchaser. 

I  have,  &c3 

(Signed)  EDWARD  LUGARD. 


[inclosure  in  No  94.] 
Lieutenant- General  Sir  W.  Codrington  to  Earl  de  Grey  and  Eipon. 

Gibraltar,  September  3, 1863. 
My  Lord  :  I  have  the  honor  to  inform  you  that  application  has  been  made  to  me  to 
allow  the  guns  belonging  to  the  late  confederate  steamer  Sumter  to  be  forwarded  to 
Messrs.  M.  G.  Klingender  &  Co.,  at  Liverpool,  that  firm  having^  purchased  the  guns 
with  the  vessel. 
I  am  not  aware  of  the  nature  of  these  guns,  and  have  sanctioned  the  application. 
I  have,  &c, 
(Signed)  W.  CODRINGTON. 


[81]  *Xo.  95. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  February  24, 1864. 
Sir:    In    the   letter  from    Messrs.   Klingender    &  Co.,  of  Liver- 
pool,   to    Captain    T.    A.    Blakeley,    in    London,    dated    Liverpool,. 

»  No.  92. 


1 

BEITISH    CASE    AND    PAPERS.  115 

June  26, 1863,  which  was  published  at  page  8  of  the  papers  headed 
"  Vessel  Gibraltar,"  presented  to  the  House  of  Commons  in  the  month 
of  July,  1863,  the  following  passage  occurs:  "  This  action  on  the  part 
of  Her  Majesty's  government  is  based  upon  the  suspicion  that  ulti- 
mately your  fort  guns  may  find  their  way  into  the  southern  confed- 
eracy 5  the  collector,"  (i.  e.,  the  collector  of  Her  Majesty's  customs  at 
Liverpool,)  "in  reply  to  our  question,  having  informed  us  that,  if  the 
fort  guns  were  for  the  Federal  or  Northern  Government,  no  obstacles 
would  be  placed  in  the  way  of  their  being  shipped ;  stating,  at  the  same 
time,  that  such  shipments  to  New  York  were' of  common  occurrence." 
As  this  passage  has  been  twice  quoted  in  the  House  of  Commons, 
and  has  received  no  contradiction,  Lord  Eussell  requests  that  you  will 
move  the  lords  commissioners  of  Her  Majesty's  treasury  to  have  the 
goodness  to  ascertain  from  the  collector  of  customs  of  Liverpool  whether 
this  statement  correctly  represents  what  he  said  to  Messrs.  Klingender 
&  Co.,  and,  if  not,  what  he  really  did  say. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  96. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  C  hambers, 
February  29,  1864.     (Eeceived  February  29.) 

Sir  :  With  reference  to  your  letter  of  the  24th  ultimo,  I  am  com- 
manded by  the  lords  commissioners  of  Her  Majesty's  treasury  to 
transmit  to  you  herewith  a  copy  of  a  report  dated  27th  ultimo,  from  the 
commissioners  of  customs,  and  of  a  letter  from  Mr.  Price  Edwards,  col- 
lector of  customs  at  Liverpool,  dated  26th  ultimo,  relating  to  a  state- 
ment alleged  to  have  been  made  by  him  in  regard  to  the  shipment  of 
guns  on  board  the  ship  Gibraltar,  and  I  am  to  request  that  you  will 
state  to  Earl  Eussell,  with  reference  to  Mr.  Edwards's  letter,  that  it 
appears  to  this  board  to  correct  the  wrong  interpretation  put  upon  Mr. 
Edwards's  statement  by  Mr.  Klingender. 

I  am  to  observe  that  at  the  time  of  the  conversation  a  clearance  had 
been  refused  to  the  Gibraltar,  because  it  was  supposed  that  guns  were 
about  to  be  placed  in  her,  not  as  merchandise,  but  as  part  of  her  arma- 
ment, and  intended  to  be  used  by  her  in  hostilities ;  the  refusal  of  the 
clearance  being,  however,  only  maintained  pending  further  explanation. 

In  this  state  of  things  Mr.  Klingender  inquired  from  Mr.  Edwards 
whether  there  would  be  any  objection  to  the  shipment  of  such  guns  to 
New  York. 

The  meaning  attached  to  this  question  by  Mr.  Edwards  appears  to 
have  been  that  it  related  to  guns  shipped  as  merchandise,  and  not  as 
part  of  an  armament  of  a  vessel  of  war,  and  he  accordingly  replied  that 
there  would  be  no  objection,  adding  that  such  shipments  to  New  York 
were  of  common  occurrence. 

As  soon  as  Her  Majesty's  government  was  satisfied  that  the  guns  in 
question  were  not  and  could  not  be  intended  to  form  part  of  the  arma- 
ment of  the  Gibraltar,  the  clearance  was  immediately  granted. 
I  am,  &c., 
(Signed)  GEO.  A.  HAMILTON. 


I 

116  TREATY    OF    WASHINGTON. 

flnclosure  1  in  No.  96.] 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  February  27,  1864. 
Sir  :  With  reference  to  your  letter  of  the  25th  instant,  I  am  desired  to  transmit  to 
you  herewith,  for  the  information  of  the  lords  commissioners  of  Her  Majesty's  treas- 
ury, copy  of  a  report,  with  its  inclosure,  which  the  board  have  received  from  their 
collector  at  Liverpool  with  respect  to  a  statement  alleged  to  have  been  made 
[82]    by  him  concerning  the  ^shipment  of  guns  in  the  Gibraltar,  and  referred  to  in 
page  8  of  the  Parliamentary  Return  dated  20th  July,  1863,  No.  461. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  96.] 
Mr.  Edwards  to  the  Commissioners  of  Customs. 

Custom-House,  Liverpool,  February  26,  1864. 

Honorable  Sirs  :  I  have  this  morning  received  your  order  of  the  25th  instant, 
inclosing  the  copy  of  a  letter  from  the  foreign  office  dated  the  24th  instant,  respecting 
a  statement  alleged  to  have  been  made  by  me  concerning  the  shipment  of  guns  on  the 
Gibraltar,  and  directing  me  to  report  whether  the  statement  correctly  represents  what 
I  said  to  Messrs.  Klingender  &  Co.,  and,  if  not,  what  I  really  did  say. 

I  beg  to  report  that,  pursuant  to  your  order  of  the  15th  June  last,  I  called  upon 
Messrs.  Klingender  &  Co.  for  an  explanation  as  to  the  necessity  of  and  reason  for 
placing  the  guns  and  gun-carriages  on  board  the  ship  in  question,  and  placed  a  stop  in 
the  clearing  of  the  ship  until  further  orders.  In  consequence  of  this,  Mr.  Klingender 
and  his  solicitor  called  upon  me,  and,  in  the  course  of  conversation,  inquired  whether 
there  would  be  any  objection  to  the  shipment  of  such  guns  to  New  York.  Before 
replying  to  the  question,  I  sent  for  the  principal  office-searcher,  whose  report  I  annex, 
and  ascertained  from  him  that  shipment  of  all  kinds  of  arms  and  guns  to  New  York 
was  continually  going  on,  and  I  then  answered  that  there  would  be  no  objection  to  the 
exportation  of  such  guns  to  New  York. 

I  may  add  that  shipments  of  this  kind  to  New  York  had  been  continually  going  on 
since  the  commencement  of  the  war  between  the  Federal  and  Confederate  States,  and 
that  on  the  16th  of  last  February  I  transmitted  to  Sir  Thomas  Fremantle,  for  the 
information  of  the  war  office,  an  account  of  the  shipment  of  arms,  &c,  to  America, 
showing  the  quantity,  description,  and  value.  No  opinion  was  given  by  me  as  to  the 
facility  of  shipping  arms,  either  for  the  Federal  or  confederate  government,  as  I  had 
nothing  to  do  with  reference  to  the  ultimate  destination  of  goods,  but  merely  to  reply 
to  an  inquiry  whether  they  could  be  shipped  to  New  York;  nevertheless,  the  inference 
was  a  very  natural  one,  that  if  arms  were  forwarded  to  New  York  they  would  be  for 
the  use  of  the  Federal  Government ;  and  hence,  possibly,  Mr.  Klingender,  whom  I 
have  not  seen  since,  and  of  whom  I  had  no  knowledge  previously,  may  have  formed 
his  conclnsions.     I  herewith  return  the  copy  of  the  letter  from  the  foreign  office. 

(Signed)  S.  PRICE  EDWARDS. 


[Inclosure  3  in  Xo.  .96.J 
Mr.  Goold  to  Mr.  Edwards. 

Searcher's  Office,  February  26,  1864. 

Sir  :  I  beg  to  state  that  I  remember  being  asked  by  you,  in  the  presence  of  Mr. 
Hall,  attorney,  who  had  called  to  make  inquiries  respecting  the  shipment  of  two  guns 
on  board  the  vessel  Gibraltar,  whether  arms  were  shipped  to  New  York,  to  which  I 
replied  that  they  were. 

An  account  of  the  number  and  value  of  rifles  exported  to  ports  in  the  United  States 
of  America  during  the  year  1862,  and  openly  cleared  as  arms,  was  forwarded  to  the 
board  on  the  16th  February,  1863. 

I  beg  to  add  that  arms  and  other  munitions  of  war  are  still  being  shipped  to  the 
United  States. 

(Signed)  H.  GOOLD,  Assistant  Surveyor. 


l83J  *MSHVILLE. 


[85] 


*  TABLE  OF  CONTENTS. 


From  whom  and  to  whom. 


Date. 


Subject. 


3 '-3 


S3 


Colonial  office  to  foreign  office . 


Foreign  office  to  colonial  office . 

Admiralty  to  foreign  office. . . 
Law-officers  to  Earl  Eussell . . 


Foreign  office  to  admiralty  and 

home  office. 
Admiralty  to  foreign  office 


Mr.  Adams  to  Earl  Eussell 

Earl  Eussell  to  Mr.  Adams 

Admiralty  to  foreign  office 

Messrs.  Oliverson,  Lavie,  and 
Peachey  to  Earl  Eussell. 

Home  office  to  foreign  office. . . 
Law-officers  to  Earl  Eussell. . . 


.do 


Foreign  office  to  Messrs.  Oliv- 
erson, Lavie,  and  Peachy. 

Earl  Eussell  to  Mr.  Adams 


Mr.  Adams  to  Earl  Eussell.-. . 

Home  office  to  foreign  office. . 
do 


Earl  Eussell  to  Mr.  Adams 

Home  office  to  foreign  office . . . 


Nov.  29, 1861 


Nov.  30, 1861 


Nov.  21, 1861 
Nov.  22, 1861 


Nov.  22, 1861 
Nov.  22, 1861 

Nov.  22, 1861 

Nov.  23, 1861 

Nov.  23, 1861 
Nov.  25, 1861 

Nov.  25, 1861 

Nov.  25, 1861 

• 

Nov.  26, 1861 

Nov.  27, 1861 
Nov.  23, 1861 

Dec.     2, 1861 

Dec.     6, 1861 

Dec.     7, 1861 

• 
Dec.     8, 1861 
Dec.  16,  1861 


Foreign  office  to  admiralty J  Dec.  19, 1861 


Admiralty  to  foreign  office. . . .  Dec.  24, 1861 


Earl  Eussell  to  Mr.  Adams. 
Mr.  Adams  to  Earl  Eussell . 


Dec.  27,1861 
Dec.  28,1861 


Earl  Eussell  to  Mr.  Adams j  Jan.     1, 1862 


Arrival  of  the  confederate  steamer 

Nashville  at  Bermuda.  Proceedings 

of  governor.    Eef usal  to  supply  her 

with  coal  from  government  stores. 

Agree  in  approval  of  authorities  at 

Bermuda. 

Arrival  of  Nashville  at  Southampton 

It  is  inferred  that  the  Nashville  is  a 

regularly  commissioned   vessel   of 

war.    She  must  not  be  allowed  to 

increase  her  warlike  force  within 

British  jurisdiction. 

The  Nashville  must  not  be  allowed  to 

increase  her  equipment. 
Further  particulars  as  to  Nashville 
and  commissions  held  by  her  offi- 
cers.   Destruction  of  the  Harvey 
Birch  by  her. 
Eequests  investigation  as  to  the  char- 
acter of  the  Nashville  and  supposed 
design  to  fit  her  out  in  England  for 
warlike  purposes. 
His  letter  shall  receive  immediate  at- 
tention.   Orders  already  given  to 
prevent   infringement    of  foreign - 
enlistment  act. 
Copies  of  articles  of  crew  and  com- 
missions of  officers  of  the  Nashville. 
For  summons  or  warrant  against  com- 
mander of  Nashville  on  behalf  of 
the  owners  of  the  Harvey  Birch. 
Instructions  to  commissioners  of  cus- 
toms and  mayor  of  Southampton  to 
prevent  equipment  of  the  Nashville. 
Opinion  on  Mr.  Adams's  representa- 
tion.   The  Nashville  cannot  be  con- 
sidered a  pirate.    Steps  should  be 
taken  to  prevent  infringement  of 
foreign -enlistment  act. 
Answer  to    be  returned  to  Messrs. 
Oliverson,  Lavie,  and  Peachey.  Her 
Majesty's  government  cannot  inter- 
fere. 
Cannot  interfere  in  question  between 
owners  of  Harvey  Birch  and  com- 
mander of  the  Nashville. 
Answer  to  his  note  of  November  22. 
Nashville  is  a  vessel  of  war.     Care 
will  be  taken  to  prevent  any  in- 
fringement of  neutrality. 
Answer   to    above.     Satisfaction    at 
measures  taken  to  prevent  violation 
of  neutrality. 
Eeport     from     customs.      Nashville 

placed  in  dock  for  repairs. 
Further  report  from  customs.   Nature 
of  proposed  repairs. 

Forwarding  above  reports 

Eeport  from  town  clerk  of  Southamp- 
ton. Bepairs  being  made  to  Nash- 
ville. 
Naval  officer  at  Southampton  should 
visit  Nashville  and  report  what  is 
taking  place. 
Eeport  of  Captain  Patey.  Nashville 
has  received  no  warlike  fittings. 

Forwarding  above  report 

Gratification  at  supervision  exercised. 
Deposition  of  one  of  the  crew  of 
Nashville  that  she  was  represented 
to  the  governor  of  Bermuda  to  be  a 
merchant-vessel. 
Will  request  colonial  office  to  inquire 
as  to  truth  of  above  statement. 


Page. 
87 


90 


100 

10§ 
101 

102 

102 

103 

103 
103 

104 


105 
105 


107 


120 


TREATY    OF   WASHINGTON. 


Table  of  contents — Continued. 


! 

From  whom  and  to  whom. 

Date. 

Subject. 

<o  2 

^   ri 

-I 

CO 
W  © 

o© 

26 

Foreign  office  to  colpnial  office. 

Jan.     1, 1862 

Copy  of  Mr.  Adams's  note.     To  make 
inquiries  of  governor  of  Bermuda. 

Page. 
107 

Page. 
145 

27 

Admiralty  to  foreign  office 

Jan.  10,1862 

Men  from  United  States  steamer  Tus- 
carora  found  watching  the  Nashville. 

107 

146 

28 

Foreign  office  to  admiralty 

Jan.  10,1862 

Measures  to  be  taken  to  prevent  hos- 
tilities between  Federal  and  confed- 

108 

146 

erate  vessels. 

29 

[86]  *  Earl    Russell .  to    Mr. 
Adams. 

Jan.  10,1862 

Men  found  watching  the  Nashville. 
Hostilities  cannot  be  permitted,  and 
twenty-four  hours  must  elapse  be- 
tween  departure   of  Federal   and 
confederate  vessels. 

108 

146 

30 

Admiralty  to  foreign  office 

Jan.   11,1862 

Letter   addressed  to  commander   of 
Tuscarora  by  captain  of  Her  Maj- 
esty's ship  Dauntless.  Twenty -four 

108 

147 

hours  must  elapse  between  depart- 

ure of  hostile  vessels. 

31 

do 

Jan.  11,1862 

Commanders  of  Tuscarora  and  Nash- 
ville   have    promised    to   observe 

109 

148 

twenty-four  hours'  rule. 

32 

do 

Jan.  13,1862 

Reply  oi'  commander  of  Tuscarora  to 

109 

148 

captain  of  Dauntless. 

33 

do * 

Jan.  13,1862 

Tuscarora  has  left  Southampton  and 

110 

149 

is  off  Calshot  light-house. 

34 

do 

Jan.  13,1862 
Jan.  13,1862 

Tuscarora  returned  to  Southampton  . . 

Correspondence  with  commanders  of 

Nashville  and  Tuscarora  as  to  ob- 

110 
111 

149 

35 

do 

149 

servance  of  twenty  hours'  rule. 
Tuscarora  has  again  left  Southampton. 
Captain    Patey's    communications 

36 

do 

Jan.  15,1862 

112 

151 

with  commanders  of  the  two  vessels. 

37 

do 

Jan.  21,1862 

Tuscarora  gone  down  Southampton 
"Water. 

Tuscarora  again  returned  to  South- 
ampton. 

113 

151 

38 

......do 

Jan.  22,1862 

113 

152 

39 

do 

Jan.  26,1862 

The  proceedings   of  the   Tuscarora 
amount  to  a  blockade  of  the  Nash- 

114 

152 

ville.    Written  promises  to  be  ob- 

tained from    commander   of    each 

vessel  to  give  twenty-four  hours' 
notice  of  his  departure. 

40 

Foreign  office  to  admiralty 

Jan.  26,1662 

Nashville  and  Tuscarora  should   be 
required  to  put  to  sea  with  an  inter- 
val of  twenty-four  hours.     Nash- 

115 

153 

ville  to  go  first. 

41 

Admiralty  to  foreign  office 

Jan.  27,1862 

Tuscarora  has  notified  intention  to 

leave. 
Acknowledging  above 

115 

154 

42 

Foreign  office  to  admiralty 

Admiralty  to  foreign  office 

Jan.  28,1862 

116 

154 

43 

Jan.  28,1862 

Tuscarora  has  deferred  departure  on 

116 

154 

account  of  weather.    She  has  been 

required  to  put  to  sea. 

44 

do 

Jan.  29,1862 
Jan.  29,1862 

Tuscarora  has  left  Southampton 

Complaining  of  requisition  to  Tusca- 

116 

155 

45 

Mr.  Adams  to  Earl  Russell 

116 

155 

rora  to  put  to  sea. 

46 

Admiralty  to  foreign  office 

Jan.  29,1862 

Correspondence  between  Captain  Pa- 
tey  and  commander  of  Tuscarora. 

118 

157 

47 

Foreign  office  to  admiralty 

Jan.  30,1862. 

Mr.Adams'scomplaint  as  to  treatment 
of    Tuscarora.    To   furnish   state- 
ment of  reasons. 

119 

157 

48 

Earl  Russell  to  Mr.  Adams 

Jan.  30,1862 

Has  applied  to  admiralty  for  state- 
ment^ of  reasons  for  proceedings  in 
regard  to  Tuscarora. 

119 

158 

49 

Admiralty  to  foreign  office 

Jan.  31,1862 

Statement  of  proceedings  with  regard 
to  Nashville  and  Tuscarora. 

119 

158 

50 

Earl  Russell  to  Mr.  Adams 

Feh.     1, 1862 

Summary  of  proceedings  as  regards 
Tuscarora     and    Nashville.     Her 
Majesty's  government  have  reason 
to  complain  of  the  conduct  of  the 
former  as  an  attempt  to  carry  on 
hostilities  in  neutral  waters. 

121 

160 

51 

Admiralty  to  foreign  office 

Feh.    3, 1862 

Tuscarora  has  left  Portland,  and  is 
passing  inward.     If    she   anchors 
she  will  be  detained  till  twenty-four 

122 

160 

hours  after  Nashville. 

52 

do 

Feb.     4,1862 

Return  of  Tuscarora  to  Cowes.    De- 
parture of  Nashville.     Tuscarora 
warned  not  to  sail  till  twenty-four 
hours  afterward. 

122 

161 

BRITISH    CASE   AND   PAPERS. 


121 


Table  oj  contents— Continued. 


1 

From  ■whom  and  to  "whom. 

Date. 

Subject. 

©  o  , 

S  § 

O-rt 

1 

o  © 

53 

Admiralty  to  foreign  office 

Feb.     7,1862 

Further  as  to  movements  of  Nash- 
ville and  Tuscarora.  Letter  from 
commander  of  the  latter  vessel. 

Page. 
124 

Page. 
163 

54 

Colonial  office  to  foreign  office. 

Mar.  18, 1862 

Dispatch  from  governor  of  Bermuda. 
No  truth  in  statement  that  Nash- 
ville had  been  represented  to  him 
to  be  a  merchant-vessel. 

126 

164 

55 

Admiralty  to  foreign  office 

Mar.  19, 1862 

Visit  of  the  Nashville  at  Bermuda 
from  20th  to  24th  February.  Pre- 
cautions taken  to  insure  neutrality. 

127 

165 

56 

Earl  Russell  to  Mr.  Adams.-. . . 

Mar.  24, 1862 

It  is  not  true  that  the  Nashville  was 
represented  to  the  governor  of  Ber- 
muda to  be  a  merchant- vessel. 

127 

166 

57 

Colonial  office  to  foreign  office. 

Mar.  31, 1862 

Nashville  arrived  at  Bermuda  and 
took  in  coal  from  the  Mohawk.  Pre- 
cautions taken  to  insure  neutrality. 

128 

166 

[87]  *NASHVILLE 


No.  1. 
Mr.  Elliot  to  Mr.  Hammond. 

[Extract.] 

Downing  Street, 
November  29, 1861.     (Received  November  30.) 

I  am  directed  by  the  Duke  of  Newcastle  to  transmit  to  you  the  in- 
closed copy  of  a  dispatch  from  the  governor  of  Bermuda,     NashvillE.-col- 
reporting  his  proceedings  on  the  occasion  of  the  visit  to  re9pj,ide,ice 
Bermuda  of  the  Confederate  States  steam- vessel  Nashville. 

I  am  also  desired  to  inclose  a  draught  of  the  answer  which  the  Duke 
of  Newcastle  proposes,  should  Earl  Russell  concur,  to  address  to  Gov- 
ernor Ord. 

The  circular  dispatch  alluded  to  in  that  answer  is  one  founded  upon 
a  report  of  the  law-officers  of  the  Crown. 


[Inclosure  1  in  No.  1.] 

Governor  Ord  to  the  Duke  of  Netc  castle. 

Bermuda,  November  2,  1861. 
My  Lord  Duke:  I  have  the  honor  to  acquaint  your  excellency  that  these  islands 
were  visited  on  the  30th  ultimo  by  the  Confederate  States  paddle-wheel  steamer  Nash- 
ville, commanded  by  Lieutenant  Peagram,  and  having  on  board  Lieutenant  Colonel 
Peyton,  of  the  Confederate  States  army,  said  to  be  a  minister  from  those  States  to  the 
court  of  Spain,  with  numerous  other  officers  and  persons  apparently  connected  with 
the  ship.  The  vessel  anchored  off  the  dock-yard,  and  Lieutenant  Peagram  and  Colonel 
Peyton  at  once  called  upon  Captain  Hutton,  R.  N.,  the  superintendent,  and  re- 
quested him  to  supply  their  vessel  with  600  tons  of  coal,  it  being  their  wish  to  proceed 
to  sea  as  early  as  possible. 

2.  In  reply  Captain  Hutton  informed  them  that  he  was  expecting  almost  immedi- 
ately the  arrival  of  the  admiral  commander-in-chief,  accompanied  by  a  large  squadron 
of  our  own  ships,  and  that  he  feared  he  would  not  be  justified  in  complying  with  their 
application. 

3.  These  officers  then  waited  upon  me  and  preferred  the  same  request,  to  which  I 
replied  that  I  was  aware  that  Captain  Hutton  anticipated  that  he  would  very  shortly 
have  a  heavy  demand  made  upon  his  store  of  coal,  and  that,  in  view  of  the  probable 
wants  of  our  fleet,  I  did  not  feel  justified  in  urging  him  to  furnish  what  they  required. 
I  added  that  I  was  informed  that  offers  had  been  made  by  private  persons  to  supply 
them  with  coal  at  St.  George's  ;  and,  after  a  further  effort  to  obtain  the  government 
"coal  by  offering  to  replace  what  they  were  supplied  with  from  private  sources,  an  ar- 
rangement which  I  assured  them  was  inadmissible  with  a  government  establishment, 
they  left  me,  apparently  not  dissatisfied,  and  proceeded  at  once  to  St.  George's,  where, 
1  am  informed,  they  have  taken  in  about  600  tons  of  coal. 

4.  Directly  after  they  left  me  I  received  two  letters  from  the  United  States  consul  at 
St.  George's,  copies  of  which,  with  my  reply,  accompany  this  dispatch. 

5.  The  object  of  the  Nashville's  visit  has  not  been  distinctly  stated;  but  there  can 
be  no  douift  that  she  is  bound  to  England,  and  that  she  has  on  board  persons  who  will 
endeavor  to  excite  an  interest  in  the  favor  of  the  Confederate  States  at  some  of  the 
European  courts,  and  probably  to  obtain  supplies  of  material  and  stores  for  the  support 
of  their  cause. 


124  TREATY    OF   WASHINGTON. 

[88]        *6.  It  had  been  reported  that  the  Nashville  left  Charleston  on  the  12th  ultimo 
with  Ex-Senators  Slidell  and  Mason  as  representatives  from  the  Confederate 
States  to  the  governments  of  France  and  England ;  that  she  had  $2,000,000  on  board 
for  the  purchase  of  material,  and  was  intended  to  coal  at  Bermuda.    This  report  no 
/doubt  led  to  the  calling  in  here  on  the  20th  ultimo  of  the  United  States  steam-vessel 
Connecticut,  which  left  immediately  after  and  proceeded,  apparently,  to  cruise  south. 
7.  It  appears  from  the  report  of  the  Nashville's  officers  that  these  ex-senators  really 
did  break  the  blockade  about  the  time  named,  but  in  a  smaller  vessel,  and  that  they 
reached  Havana  on  their  way  to  England.    The  United  States  steam-vessels  being  thus 
put  upon  a  wrong  scent,  the  Nashville  ran  the  blockade  the  night  of  the  26th,  probably 
with  the  remainder  of  the  Confederate  States  representatives  and  the  specie,  and  got 
to  Bermuda  in  safety,  from  which  she  has  every  chance  of  reaching  England  unmolested 
by' the  United  States  vessels  of  war. 
I  trust  my  proceedings  on  this  occasion  will  meet  your  grace's  approval. 
I  have,  &c, 
(Signed)  H.  ST.  GEORGE  ORD. 


[Inclosure  2  in  No.  1.] 

Mr.  Wells  to  Governor  Ord. 

United  States  Consulate, 

St.  George's,  October  30,  1861. 

Sir  :  I  have  the  honor  to  inform  your  excellency  that  an  armed  steam-vessel,  under 
the  flag  of  the  so-called  Confederate  States  of  America,  arrived  here  this  afternoon, 
and  is  now  at  anchor  near  Her  Majesty's  navy-yard. 

This  vessel  has,  I  learn,  called  here  to  obtain  a  supply  of  coal ;  and,  as  she  has  been 
sent  out  for  the  purpose  of  committing  depredations  on  the  commerce  of  the  United 
States,  I  respectfully  solicit  that  your  excellency  will  be  pleased  to  order  that  no  supplies, 
may  be  granted  to  her  here. 
I  have,  &c, 
(Signed)  F.  B.  WELLS. 


[Inclosure  3  in  No.  1.] 

Mr.  Wells  to  Governor  Ord. 

United  States  Consulate, 

St.  George's,  October  31,  1861. 
Sir  :  I  have  been  informed  this  morning  that  the  steam-vessel,  in  reference  to 
which  I  had  the  honor  yesterday  to  address  your  excellency,  is  now  on  her  way  to  this 
port,  where  arrangements  have  been  made  with  John  T.  Fisher,  esq.,  police  magistrate 
of  this  town,  to  supply  her  with  coal. 
I  have,  &c, 
(Signed)  F.  B.  WELLS. 


[Inclosure  4  in  No.  1.] 
Governor  Ord  to  Mr.  Wells. 

Mount  Langton,  October  31,  1861. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of  the 
30th  instant,  informing  me  that  an  armed  steam-vessel,  bearing  the  flag  of  the  so- 
called  Confederate  States  of  America,  has  arrived  here  for  the  purpose  of  obtaining  a 
supply  of  coal,  and  requesting  me  to  order  that  no  supplies  may  be  granted  to  her  j 
and  in  reply  I  beg  to  acquaint  you  that  the  officer  commanding  this  vessel  has  made 
an  application  to  be  allowed  to  draw  a  supply  of  coal  from  the  stores  of  Her  Majesty's 
dock-yard,  and  has  been  informed  that  his  request  cannot  be  complied  with. 

I  have  also  the  honor  to  acknowledge  the  receipt  of  your  letter  of  this  day's 
[89]     *date,  stating  that  the  vessel  referred  to  is  now  on  her  way  to  the  port  of  St. 
George's,  where  arrangements  have  been  made  with  J.  T.  Fisher,  es^.to  supply 
her  with  coal. 

I  have,  &c, 

(Signed)  H.  ST.  GEORGE  ORD. 


BRITISH    CASE    AND    PAPERS.  125 

[Inclosure  5  in  No.  1.] 
The  Duke  of  Newcastle  to  Governor  Ord. 

Downing  Street,  November  15,  1861. 

Sir  :  Haviug  had  occasion  to  consult  the  law-officers  of  the  Crown  on  the  subject  of 
remonstrances  addressed  to  the  governors  of  some  of  the  colonies  by  consuls  of  the 
United  States,  in  regard  to  certain  particulars  in  the  treatment  of  vessels  bearing  the 
flag  of  the  States  which  have  seceded  from  the  Union,  I  think  it  right  to  communicate 
to  you,  for  your  information  and  guidance,  the  principles  which  ought  to  be  observed 
in  cases  of  the  kind  which  raised  the  preseut  question. 

You  will  understand,  therefore,  that  no  foreign  consul  has  any  power  or  jurisdiction 
to  seize  any  vessel,  under  whatever  flag,  within  British  territorial  waters,  and  that  the 
British  authorities  ought  not  to  take  any  steps  adverse  to  merchant- vessels  of  the  Con- 
federate States,  or  to  interfere  with  their  free  resort  to  British  ports. 

With  respect  to  supplies,  even  of  articles  clearly  contraband  of  war,  (such  as  arms 
or  ammunition,)  to  the  vessels  of  either  party,  the  colonial  authorities  are  not  at  lib- 
erty to  interfere,  unless  anything  should  be  done  in  violation  of  the  foreign- enlistment 
act,  59  Geo.  Ill,  cap.  69,  which  prohibits  the  equipping,  furnishing,  fitting  out,  and 
arming  of  ships  or  vessels  for  the  service  of  foreign  belligerent  powers,  and  also  the 
supply  of  guns  or  equipments  for  war,  so  as  to  increase  the  warlike  force  of  vessels  oi 
war,  but  which  does  Dot  render  illegal  the  mere  supply  of  arms  or  ammunition,  &c, 
to  private  ships  or  vessels. 

If  it  should  be  necessary  for  the  colonial  authorities  to  act  in  any  such  case,  it 
should  only  be  done  when  the  law  is  regularly  put  in  force,  and  under  the  advice  of 
the  law-officers  of  the  Crown. 

With  respect  to  the  supplying,  in  British  jurisdiction,  of  articles  ancipitis  usus,  (such, 
for  instance,  as  coal,)  there  is  no  ground  for  any  interference  whatever  on  the  part  of 
the  colonial  authorities. 
I  have,  &c, 
(Signed)  NEWCASTLE. 

[Inclo3ure  6  in  No.  1.] 
Tlie  Duke  of  Newcastle  to  Governor  Ord. 

Downing  Street,  November  — ,  1861. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  dispatch  of  th  e  2d  instant 
reporting  your  proceedings  on  the  occasion  of  the  visit  to  Bermuda  of  the  Confederate 
States  steam-vessel  Nashville. 

By  the  present  mail  I  transmit  to  you  a  circular  dispatch,  which  will  furnish  you 
with  instructions  for  your  guidance  in  the  treatment  of  the  vessels  of  war  of  either  of 
the  contending  parties  which  may  call  at  Bermuda. 

The  course  pursued  by  you  in  the  present  instance  was  in  strict  accordance  with  the 
principles  which  you  will  find  laid  down  in  that  circular  dispatch. 

I  have  further  to  state  that  both  you  and  Captain  Hutton  showed  a  very  proper  dis- 
cretion in  declining  to  furnish  supplies  to  a  war- vessel  of  one  of  the  belligerent  parties 
from  public  stores  belonging  to  the  British  government. 

Her  Majesty's  government  entirely  approve  of  the  whole  of  your  proceedings  on  this 
occasion. 

I  have,  &c, 

(Signed)  .  NEWCASTLE. 


[90]  *Xo.  2. 

Mr.  Hammond  to  Mr.  Elliot. 

Foreign  Office,  Kovember  30,  1861. 
Sir  :  I  have  laid  before  Earl  Bussell  your  letter  of  the  29tli  instant, 
and  I  am  to  state  to  you  in  reply,  for  the  information  of  the  Duke  or 
Newcastle,  that  his  lordship  entirely  concurs  in  the  answer  which  it  is 
proposed  to  return  to  the  dispatch  from  the  governor  of  Bermuda  re- 
porting his  proceedings  on  the  occasion  of  the  visit  of  the  confederate 
steamer  Kashvijle  to  that  island. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


126  TREATY    OF    WASHINGTON. 

No.  3. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 
November  21, 1861.     (Received  November  21.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  to  you  herewith,  for  the  information  of  Her  Majesty's  secretary 
of  state  for  foreign  affairs,  copies  of  telegrams  which  have  passed  this 
morning  between  the  admiralty  and  Captain  Patey,  the  superintendent 
of  packets  at  Southampton,  relative  to  the  steamer  Nashville,  belong- 
ing to  the  so-styled  Confederate  States  of  America.    My  lords  desire  to 
be  informed  what  orders,  if  any,  should  be  given. 
I  am,  &c.-, 
(Signed)  W.  G.  ROMAINE. 


.  [Inclosure  in  No.  3.  J 
Telegrams  which  have  passed  between  the  admiralty  and  Captain  Patey,  November  21,  1861. 

No.  1.  From  Captain  Patey. — Confederate  war-steamer  Nashville,  of  two  guns  and 
eighty  men,  just  arrived  from  Bermuda.  She  is  commanded  by  Captain  Peagram,  and 
two  days  since  captured  and  burned  at  sea  a  Havre  United  States  packet-ship,  and 
now  has  the  crew  on  board,  thirty  in  number. 

No.  2.  From  Captain  Patey. — Understand  that  captain  of  confederate  vessel  is  very 
anxious  respecting  southern  commissioners,  and  also  whether  there  is  any  objection  to 
his  landing,  and  his  vessel  receiving  supplies. 

No.  3.  From  admiralty. — Are  southern  commissioners  on  board  ? 

No.  4.  From  Captain  Patey. — No. 

No.  5.  From  Captain  Patey. — Has  on  board  Colonel  Peyton,  commissioner  of  JNorth 
Carolina.  Captain  informs  me  southern  commissioners  are  coming  by  next  West  India 
packet. 


No.  4. 

The  law-officers  of  the  Crotvn  to  Earl  Bussell. 

Doctors'  Commons 


November  22,  1801.  (Received  November  22.) 
My  Lord  :  We  were  honored  with  your  lordship's  commands  signi- 
fied in  Mr.  Hammond's  letter  of  the  21st  instant,  stating  that  he  was  di- 
rected by  your  lordship  to  transmit  to  us  therewith  the  inclosed  letter 
to  the  admiralty  covering  telegrams  received  from  Southampton,  by 
which  it  appeared  that  the  confederate  steamer  Nashville  had  arrived 
at  that  port,  having  captured,  two  days  before,  and  destroyed  at  sea, 
an  American  vessel  bound  to  Havre,  and  having  on  board  her  at  that 
time  the  crew  of  the  said  steamer ;  and  to  request  that  we  would  take 
the  matter  into  our  immediate  consideration,  and  report  to  your  lord- 
ship what  instructions  should  be  gjven  to  the  naval  or  other  authorities 
on  the  subject. 

In  obedience  to  your  lordship's  commands  we  have  the  honor  to  re- 
port— 

That  we  infer  from  the  expressions  used  by  Captain  Patey,  R„ 

[91]      N.,  "  confederate  *  war-steamer  Nashvillte,  of  two  guns  and  eighty 

men,  just  arrived  from  Bermuda ;  she  is  commanded  by  Captain 

Peagram,"  that  the  Nashville  is  a  regularly  commissioned  war-steamer, 


BRITISH    CASE   AND    PAPERS.  127 

in  the  service  of  the  confederate  government ;  and  that  Captain  Pea- 
gram  is  a  commissioned  officer  in  their  service.  Unless,  on  further 
inquiry,  this  should  not  appear  to  be  the  case,  we  see  no  necessity  for 
any  instructions  being  given  to  the  naval  or  other  authorities  on  the 
subject.  Her  Majesty's  government  has  recognized  the  Confederal 
States  as  a  belligerent  power,  and  the  official  letter  to  the  admiralty  and 
other  departments  reported  on  by  the  law-officers,  June  1st,  ultimo, 
only  prohibits  the  ships  of  war  of  either  belligerent  from  carrying  prizes 
into  British  ports.  If  any  attempt  should  be  made,  in  contravention 
of  the  foreign  enlistment  act,  to  increase  her  warlike  force  within 
British  jurisdiction,  it  should  be  prevented. 

We  have,  &c, 

(Signed)  J.  D.  HARDING. 

WM.  ATHERTON. 
ROUNDELL  PALMEE. 


No.  5. 

Mr.  Hammond  to  the  secretary  to  the  admiralty.1 

Foreign  Office,  November  22,  1861. 
Sir  :  With  reference  to  your  letter  of  yesterday's  date,  reporting  the 
arrival  at  Southampton  of  the  steamer  Nashville,  in  the  service  of  the 
so-styled  Confederate  States  of  North  America,  I  am  directed  by  Earl 
Russell  to  request  that  you  will  move  the  lords  commissioners  of  the 
admiralty  to  give  directions  that  the  Nashville  shall  not  be  allowed  to 
equip  herself  more  completely  as  a  vessel  of  war,  or  to  take  in  guns  or 
munitions  of  war. 
I  have,  &c, 
(Signed)  E.  HAMMOND. 


No.  G. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 
November  22,  18G1.     (Received  November  23.) 
Sir  :  With  reference  to  my  letter  of  the  21st  instant,  I  am  commanded 
by  my  lords  commissioners  of  the  admiralty  to  send  you  herewith,  for 
the  information  of  Earl  Russell,  a  copy  of  a  letter  from  Captain  Patey, 
dated  the  21st  instant,  and  of  two  telegrams  received  last  night  and 
this  morning  from  that  officer,  giving  further  information  respecting 
the  confederate  steamer  Nashville. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE.* 


'A  similar  letter  was  addressed  to  the  home  office. 


128  TREATY    OF    WASHINGTON. 

Tlnclosure  1  in  N©.  6.] 
Captain  Patey  to  the  secretary  to  the  admiralty. 

Southampton,  November  21,  1861. 

Sir  :  I  have  the  honor  to  inform  you,  for  the  information  of  the  lords  commissioners 
of  the  admiralty,  that  the  confederate-American  steam  (paddle)  vessel  Nashville,  Lieu- 
tenant Peagram  commanding,  arrived  at  this  port  at  8.30  a.  m.  to-day. 

2.  This  vessel  is  armed  with  two  6-pounder  rilled  guns,  and  has  a  crew  of  eighty 
men.  She  was  purchased  for  the  express  purpose  of  bringing  two  southern  commis- 
sioners to  England,  who  did  not,  however,  embark  in  her  at  Charleston,  as  originally 
intended,  in  consequence  of  the  northern  blockade  of  that  port,  and  the  fear  that  she 
drew  too  much  water  for  readily  crossing  the  bar  with  certainty. 

3.  The  two  commissioners  subsequently,  with  their  families,  proceeded  to  the 
[92]    *Havana  by  some  other  route;  and  I  am  informed  by  the  commander  of  the 
Nashville  that  they  will  come  England  by  the  West  India  packet  due  here  on 
the  28th  instant. 

4.  Colonel  Peyton,  a  commissioner  of  North  Carolina,  and  his  wife,  are  on  board  the 
Nashville,  and  intend  proceeding  immediately  to  London. 

5.  I  beg  further  to  report  that  the  Nashville  appears  to  have  passed  through,  on  the 
night  of  the  26th  ultimo,  the  American  Federal  ships  blockading  Charleston,  and  pro- 
ceeded to  Bermuda,  from  whence  she  sailed  on  the  5th  instant. 

6.  At  10  a.  m.,  of  the  19th  instant,  in  latitude  49°  6'  north,  and  longitude  9°  59'  west, 
she  fell  in  with  the  American  sailing-ship  Harvey  Birch,  of  1,500  tons,  with  a  crew  of 
twenty-nine  officers  and  men,  from  Havre,  in  ballast,  bound  to  New  York.  The  mas- 
ter and  crew  of  the  Harvey  Birch  were  ordered  on  board  the  Nashville,  with  what 
effects  they  could  collect,  and  their  ship  was  then  set  on  fire,  and  at  1  p.  m.,  the  Harvey 
Birch  being  in  a  complete  blaze,  the  Nashville  left  her. 

7.  Twenty-five  of  the  crew  of  the  Harvey  Birch  were  placed  in  irons,  the  master  and 
three  officers  being  allowed  their  parole  on  pledging  themselves  not  to  create  any 
revolt.  The  officers  and  crew;  of  the  Harvey  Birch  have  now  been  liberated  and  landed 
at  this  port. 

8.  The  Nashville  came  into  the  docks  this  morning,  and,  having  encountered  very 
heavy  weather  on  her  passage  from  Bermuda,  it  is  the  intention  she  should  be  placed 
in  dry-dock,  and  undergo  calking  and  other  repairs. 

I  am,  &c, 

(Signed)  CHAS.  E.  PATEY. 


[Inclosure  2  in  ~So.  6.] 
Telegrams  addressed  by  Captain  Patey  to  the  secretary  to  the  admiralty. 

No.  1.  November  21,  9.42  p.  nr.,  Southampton. — Head  officer  of  customs  is  unable  to 
afford  the  desired  information,  but  captain  informs  me  that  he  has  a  commission  from 
the  confederate  government,  and  that  the  ship  is  a  man-of-war. 

No.  2.  November  22,  11  a.  m.,  Southampton. — Confederate-American  is  commissioned 
as  a  regular  man-of-war.  Captain  in  London.  My  secretary  goes  to  town  by  next 
train  with  particulars. 


No.  7. 
Mr.  Adams  to  Earl  Russell, 

Legation  of  the  United  States, 
London,  November  22,  1861.  (Eeceived  November  23.) 
The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary 
of  the  United  States,  has  the  honor  to  transmit  to  the  Eight  Honorable 
Earl  Eussell,  Her  Majesty's  principal  secretary  of  state  for  foreign  affairs, 
the  accompanying  papers  received  from  Mr.  Freeman  H.  Morse,  con- 
sul of  the  United  States  at  London,  respecting  the  wanton  capture  and 
destruction  by  fire  of  an  American  merchant- vessel,  the  Harvey  Birch, 
of  New  York,  on  the  high  seas,  by  order  of  the  master  of  an  armed 


BRITISH    CASE,  AND    TAPERS.  -  129 

steamer  called  the  Nashville,  which  has  now  sought  for  protection  by 
putting  into  the  port  of  Southampton,  within  the  jurisdiction  of  Her 
Majesty's  realm. 

It  would  appear  from  the  statements  contained  in  these  papers,  if 
they  be  in  accordance  with  facts,  that  the  vessel  which  committed  this 
aggression  was  not  equipped  under  a  commission  as  a  ship  of  war,  nor 
even  with  the  pretense  of  a  letter  of  marque,  but  that  she  was  sent  from 
Charleston,  in  South  Carolina,  by  persons  in  armed  resistance  to  the 
Government  of  the  United  States,  to  Great  Britain  on  a  special  mission, 
and  with  the  avowed  design  that  she  should  be  refitted  in  her  ports 
and  made  a  formidable  vessel  of  war ;  and  further,  that  the  officers  who 
came  in  her  should  be  put  in  command  of  two  other  ships  alleged  to  be 
now  fitting  out  in  the  ports  of  Great  Britain  for  a  similar  purpose,  to 
wit,  all  to  be  used  in  carrying  on  a  war  against  a  friendly  power,  the 
United  States. 

The  act  of  willfully  burning  a  private  merchant-ship  while  pursuing 
its  way  quietly  to  its  destination  in  its  own  country,  seems  in 
[93]  itself  little  to  harmonize  with  *the  general  sentiment  among  civ- 
ilized and  commercial  nations,  even  when  it  is  committed  under 
the  authority  of  a  recognized  belligerent ;  but  when  voluntarily  under- 
taken by  individuals  not  vested  with  the  powers  generally  acknowl- 
edged to  be  necsesary  to  justify  aggressive  warfare,  it  approximates  too 
closely  within  the  definition  of  piracy  to  receive  the  smallest  counte- 
nance from  any  Christian  people.  The  undersigned  cannot  permit  him- 
self to  doubt  that  Her  Majesty's  government,  which  has  voluntarily 
renounced  the  authority  to  wage  private  war  at  sea,  would  not  fail  to 
visit  Vith  its  utmost  indignation  any  attempt  to  seek  shelter  under  its 
jurisdiction  from  the  consequences  of  indulging  a  purely  partisan  malice 
in  unauthorized  acts  of  violence  on  the  ocean. 

The  purpose  of  the  undersigned  in  presenting  these  papers  to  the 
consideration  of  Lord  Bussell  is  to  request  that  Her  Majesty's  govern- 
ment will  cause  an  inquiry  to  be  made  into  the  circumstances  attending 
this  extraordinary  proceeding,  and  will  adopt  such  measures  as  the  case, 
upon  investigation,  may  seem  to  demand.  This  inquiry  may  be 
solicited  to  the  ascertainment  of  two  classes  of  facts.  The  first,  as  to  the 
authority  possessed  by  this  vessel  to  commit  so  aggressive  an  act  on  the 
citizens  of  a  friendly  power  and  then  to  claim  a  refuge  and  recognition 
in  the  harbors  of  Great  Britain.  The  second,  in  case  the  nature  of  that 
authority  be  deemed  sufficient,  at  least  in  the  view  of  Her  Majesty's 
government,  as  to  the  purposes  for  which  the  ship  is  alleged  to  have 
come  across  the  ocean,  to  wit,  the  making  more  effective  preparations 
in  the  ports  of  Great  Britain  for  carrying  on  a  war  against  the  people 
of  a  friendly  nation.  In  the  former  case  the  question  will  arise  whether 
the  vessel  be  or  be  not  subject  to  due  process  of  law  as  a  common  dis- 
turber of  the  peace  of  the  world.  In  the  second,  whether  a  recognized 
belligerent  shall  or  shall  not  be  permitted  with  impunity  to  violate  the 
terms  of  Her  Majesty's  proclamation  forbidding  the  fitting  out  within 
the  ports  of  Great  Britain  of  any  armament  intended  to  be  used  against 
a  nation  with  which  she  is  at  peace. 

The  undersigned  is  compelled,  with  great  reluctance,  to  call  the 
attention  of  Lord  Kussell  to  the  fact  that,  for  a  period  of  many 
months,  large  steamers  have  been  built,  equipped,  and  dispatched  from 
Her  Majesty's  ports  by  persons  ill-disposed  to  the  Government  of  the 
United  States,  with  the  intent  to  .supply  those  who  are  in  arms  to  over- 
throw it  with  further  materials  to  attain  their  object. 
H.  Ex.  282,  vol.  ii 9 


130  TREATY    OF    WASHINGTON. 

On  the  15th  of  August  last  the  undersigned  had  the  honor  to  address 
a  note  to  his  lordship  poiuting  out  the  case  of  the  steamer  Bermuda, 
laden  with  a  great  amount  of  contraband  of  war  then  about  to  depart 
from  a  port  of  Great  Britain.  That  steamer  is  known  subsequently  to 
have  made  its  way  into  the  harbor  of  Savannah,  in  the  State  of  Georgia, 
a  port  held  by  the  insurgents  against  the  Government  of  the  United 
States.  To  that  application  the  undersigned  had  the  honor  to  receive 
for  answer  from  his  lordship  that  there  was  no  evidence  in  the  hands 
of  Her  Majesty's  government  sufficient  to  establish  the  intent  of  a  wrong- 
ful voyage,  and  therefore  that  the  parties  who  might  afterward  engage 
in  it  only  deprived  themselves  of  all  protection  from  the  consequences 
to  them  that  might  attend  its  ultimate  prosecution. 

Not  insensible  to  the  force  of  this  reasoning  upon  a  technical  con- 
struction of  the  terms  of  Her  Majesty's  proclamation  and  of  the  statute 
to  which  it  referred,  the  undersigned  has  desisted  from  making  further 
representations  in  several  subsequent  cases  of  a  similar  kind  which  have 
heretofore  come  within  his  knowledge  and  are  even  now  under  his 
observation.  Neither  is  it  at  all  within  his  present  purpose  to  enter  into 
any  complaint  of  Her  Majesty's  government  for  this  course.  Much 
regret  as  he  entertains  at  the  annoyance  and  consequent  irritation 
naturally  excited  among  the  citizens  of  his  country  by  the  observation 
of  what  may  be  made  to  appear  to  be  hostile  acts,  though  undoubtedly 
not  so  intended,  he  is  too  well  aware  of  the  difficulties  inherent  in  the 
Operations  of  every  free  government  not  to  be  ready  to  make  large 
allowance  for  the  skill  which  evil-disposed  persons  may  use  to  evade  the 
provisions  of  the  most  stringent  law.  But  the  case  now  presented  is 
one  of  a  kind  somewhat  different  from  all  the  preceding  ones.  It  seems 
to  involve  the  necessity  on  the  part  of  Her  Majesty's  government 
either  of  recognizing  a  belligerent  or  of  denouncing  a  wrong-doer.  And 
in  the  acceptance  of  the  former  alternative  it  presents  to  their  notice  a 
responsible  party  as  the  directing  force  to  proceedings  which  can  have 
no  other  assignable  motive  other  than  that  of  prosecuting,  under 
the  protection  they  afford,  the  hostilities  already  unequivocally  com- 
menced against-  the  citizens  of  a  power  long  in  friendly  relations  with 
them.  If  it  should  be  the  result  of  the  investigation  solicited  to  prove 
any  or  all  of  these  allegations,  the  undersigned  has  not  the  dis- 
[91J  position  to  entertain  a  single  doubt  of  *the  desire  of  Her  Majesty's 
government  to#  meet  every  expectation  that  can  reasonably  be 
formed  of  their  ultima'te  determination. 

In  conclusion,  the  undersigned  may  be  permitted  to  remark  that  the 
request  he  has  made  on  behalf  of  his  Government  is  no  more  than  that 
Government  has  heretofore  shown  itself  willing  in  similar  cases  to 
grant.  When  Her  Majesty's  minister  at  Washington  called  upon  the 
authorities  of  the  United  States  in  the  year  1855  to  institute  an  investi- 
gation into  certain  proceedings  in  the  equipment  of  the  bark  Maury  in 
the  harbor  of  Newr  York,  suspected  to  be  intended  as  a  privateer  during 
the  war  that  was  then  going  on,  they  lost  no  time  in  instituting  a 
thorough  examination  of  the  vessel  and  all  the  attendant  circumstances, 
which  ended  in  establishing  to  the  satisfaction  of  all  persons,  including 
Her  Majesty's  officers,  though  not  without  great  loss  and  damage  to  the 
innocent  owners,  that  no  such  violation  of  the  laws  of  neutrality  had 
been  intended. 

Earnestly  desirous  of  preserving  intact  the  friendly  relations  which 
have  continued  to  prevail  for  so  long  a  time  between  the  two  countries, 
it  is  due  to  Her  Majesty's  government  that  the  undersigned  should 
apprise  Lord  Russell  that  Hie  present  application  is  necessarily  made 


BRITISH  CASE  AND  PAPEES.  131 

without  instructions  from  his  Government,  and  therefore  remains  subject 
to  their  confirmation. 

The  undersigned,  &c, 

(Signed)  CHAKLES  FRANCIS  ADAMS. 


[Inclosure  in  Xo.  7  ] 

Deposition. 

I,  William  Henry  Nelson,  of  the  city  of  New  York,  in  the  United  States  of  America, 
master  mariner,  do  solemnly,  sincerely,  and  truly  swear  that  I  sailed  from  the 
said  city  of  New  York  on  the  20th  day  of  September  last,  as  master  of  and  in  the  ship 
Harvey  Birch,  of  New  York,  a  ship  owned  and  registered  in  New  York  in  conformity 
with  the  laws  of  the  United  States,  bound  for  the  port  of  Havre  de  Grace,  in  France, 
with  a  cargo  consisting  of  wheat.  About  the  9th  day  of  October  I  arrived  at  Havre, 
and  having  discharged  the  cargo  of  my  ship  and  ballasted  her,  I  sailed  in  her  again  for 
the  port  of  New  York  on  the  16th  day  of  November,  first  having  received  the  register, 
crew-list,  articles,  and  all  papers  belonging  to  the  ship,  in  proper  form,  from  the 
United  States  consul  there.  On  the  morning  of  Tuesday,  the  19th  instant,  the  ship 
then  being  in  about  latitude  40°  6'  north,  longitude  9°  52'  west,  a  steamer  was  made  out 
bearing  for  the  Harvey  Birch,  which,  on  getting  nearer,  was  found  to  be  an  armed 
vessel  and  hoisted  at  the  peak  the  flag  of  the  so-called  Confederate  States,  and  when 
within  hailing  distance  a  person  on  board,  who  I  learned  was  the  captain,  hailed  my 
ship,  saying,  "Haul  down  your  colors  and  heave  the  ship  to,"  the  ensign  of  the  United 
States  being  at  this  time  set  at  the  peak  of  my  vessel.  This  order  was  complied 
with,  and  I  then  received  the  order,  "  Lower  your  boat  aud  come  on  board,"  which  I 
also  complied  with,  taking  my  ship's  papers  with  me.  After  arriving  on  board  the 
steamer,  I  was  introduced  by  the  first  lieutenant,  by  name  Fauntleroy,  to  Captain 
Peagram  as  commander  of  the  Confederate  States  steamer  Nashville,  to  whom  I  pro- 
duced all  the  papers  of  my  ship  for  examination  to  show  that  I  was  engaged  in 
legal  trade.  Captain  Peagram  took  the  ship's  papers ;  he  did  not  return  them,  and 
still  holds  them,  and  then  told  me  that  he  should  hold  me  a  prisoner  of  war  by 
authority  of  the  Confederate  States.  He  then  told  me  I  might  go  on  board  my  ship, 
and  I  was  ordered  to  send  my  crew  on  board  the  steamer  as  quickly  as  possible.  I 
returned  to  my  ship  and  at  once  made  preparations  to  leave  her;  but  orders  were 
repeatedly  given  from  the  steamer  to  hurry  up,  and  sufficient  time  was  not  given  to 
either  myself  or  my  crew  to  get  our  effects  out  of  the  ship.  The  second  lieutenant,  with 
other  officers,  came  on  board  ship  and  took  charge  of  her,  and  orders  were  given  to 
seize  fresh  stores,  &c,  and  in  consequence  thereof  all  the  fresh  meat,  poultry,  pigs, 
eggs,  and  butter  were  taken  out  and  put  on  board  the  steamer ;  and  especially  it  was 
ordered  that  all  the  oil,  tea,  coffee,  and  sugar  should  be  put  on  board  the  steamer, 
which  was  done.  When  all  this  had  been  accomplished  the  crew  left  the  ship  by  order 
of  the  second  lieutenant,  I  being  last  on  board,  leaving  the  second  lieutenant  and  his 
boat's  crew  in  charge  of  the  ship.  After  arriving  on  board  the  steamer  we  saw  that 
the  Harvey  Birch  was  in  flames,  and  the  second  lieutenant  returned  on  board  the 
steamer  with  his  boat,  which  was  secured,  but  the  ship's  quarter-boats,  which  had  been 

used  in  communicating,  were  cast  adrift.     Captain  Peagram  now  said,  "  Now, 
[95]     as  it  is  all  over,  we  will  give  her  a  gun,"  or  words  to  that  *efiect,  and  a  gun 

was  discharged  at  the  ship,  but  without  apparently  hitting  her.  The  steamer 
then  was  put  on  an  easterly  course,  the  crew  of  the  ship  having  previously  been  put  in 
irons.  I,  with  my  officers,  was  summoned  to  the  captain's  cabin,  and  there  signed,  at 
the  request  of  the  captain,  a  document  stating  that  we  would  not  take  up  arms 
against  them  while  in  their  custody,  he  having  said  that  I  and  my  officers  should  have 
our  liberty  on  board  when  we  had  signed  it.  I  was  frequently  told  that  an  oath 
would  be  exacted  of  us  "  not  to  take  up  arms  against  the  Confederate  States  "  before  I 
could  be  liberated ;  but  I  was  liberated  without  any  such  being  taken.  The  steamer 
steamed  up  the  English  Channel  and  arrived  at  Southampton  at  about  8  a.  m.  on  the 
21st  instant,  and  came  to  anchor  in  the  river.  Captain  Peagram  then  told  me  that  I 
and  my  crew  were  at  liberty  and  might  go  ashore ;  but  he  refused  to  put  us  ashore,  and 
I  therefore  employed  a  steam-tug  at  my  own  expense,  and  landed  my  crew  at  South- 
ampton docks  between  9  and  10  a.  in.,  and  they  were  taken  charge  of  by  the  United 
States  consul  there.  Repeatedly  while  on  board  the  steamer  in  conversation  with  her 
officers  I  was  told  that  she  was  not  fitted  out  as  a  vessel  of  war  ;  that  she  was  on  a 
special  mission  to  England,  but  naval  officers  were  in  command  of  her.  1  was  told  by 
one  of  the  crew  that  the  crew  originally  signed  articles  at  Charleston,  South  Carolina, 
to  go  to  Liverpool,  but  that  before  sailing  the  officers  were  all  changed  and  new  arti-. 
cles  were  brought  on  board,  which  the  crew  were  compelled  to  sign  by  threats  of  force. 


132  TREATY    OF    WASHINGTON. 

I  was  also  iuforined  that  the  crew  was  composed  of  English  and  Irish  ;  and  Colonel 
Peyton,  a  person  who  came  from  Charleston  in  her,  informed  me  that  her  officers  were 
coming  here  to  alter  the^essel  and  have  her  converted  into  a  man-of-war,  and  to  take  * 
command  of  two  other  vessels  now  fitting  out  in  Great  Britain  as  men-of-war.  The 
chronometer  and  barometer  belonging  to  the  Harvey  Birch  were  taken  by  Captain 
Peagram,  who  refuses  to  deliver  them  up.  The  Harvey  Birch  was  a  ship  six  years  old 
and  of  1,482  tons  register.  Before  we  lost  sight  of  the  ship  her  masts  had  gone  over 
the  side  and  her  hull  was  burned  to  the  water's  edge. 

(Signed)  W.  H.  NELSON. 

Sworn  before  me  in  the  consulate1  of  the  United  States  at  London,  this  22d  day  of 
November,  1861. 

(Signed)  F.  H.  MORSE, 

Consul  of  United  States  of  America,  London. 


No.  8. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  November  23, 1861. 

Lord  Russell  presents  his  compliments  to  Mr.  Adams,  and  begs  leave 
to  acquaint  hiin  that  his  letter  and  the  iuclosure  shall  receive  the  im- 
mediate attention  of  Her  Majesty's  government. 

Lord  Russell  has  already  given  directions  that  no  infringement  of  the 
foreign-enlistment  act  shall  be  permitted  in  regard  to  the  Nashville. 


No.  9. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  November  23,  1861.  (Received  November  23.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
send  you  herewith,  for  the  information  of  Her  Majesty's  secretary  of 
state  for  foreign  affairs,  a  copy  of  a  memorandum  and  of  its  inclosures 
received  yesterday  from  the  secretary  of  Captain  Patey,  giving  further 
information  relative  to  the  Nashville  steam- vessel,  belonging  to  the  so- 
called  Confederate  States  of  America. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


flnclosure  1  in  Xo.  9.1 

Memorandum  hy  Mr.  Messum,  secretary  to  Captain  Patey. 

[Extract.] 

Inclosed  are — 

1.  A  copy  of  the  articles  under  which  the  crew  of  the  Nashville  have  been  en- 
tered. •  f 
[96]        *2.  A  copy  of  the  commission  of  Lieutenant  Fauntleroy,  appointing  him  to  Con- 
federate States  navy. 
3.  A  copy  of  the  order  under  which  Lieutenant  Bennett  is  detached  for  duty  on  board 
Nashville. 


BRITISH    CASE    AND    PAPERS. 


133 


[Inclosure  2  in  No.  9.] 

Copy  of  articles  signed  by  the  crew  of  the  Confederate  States  vessel  of  war  Nashville. 

Signing  articles  for  the  navy  of  the  Confederate  States  of  America  with  Lieutenant 
Commander  Robert  B.  Peagrain,  Confederate  States  navy. 

We,  the  undersigned,  do  agree  to  ship  in  the  navy  of  the  Confederate  States  of  Amer- 
ica for  one  year,  unless  sooner  discharged,  in  such  capacity  and  for  such  pay  as  is  be- 
low affixed  to  our  respective  names,  subject  to  all  tiie  laws  and  regulations  for  the  gov- 
ernment of  the  said  navy  of  the  Confederate  Stat Jl  of  America. 


Name. 


James  Evans 

Thomas  Jones 

Francis  Sawyer 

Henry  Ransom 

George  P.  Macindoe 

Henry  Morris 

Nich.  Cunningham 

James  Casey 

John  Leary 

Henry  Egan 

Michael  Taney 

Thomas  Carey 

Dennis  Mitchell 

W.  Jones 

Peter  Coulen 

Michael  Barry 

Thomas  Burns 

Andrew  Dougherty 

Paul  Bogon 

J.  A.  McGrath 

Peter  Morgan 

John  Sullivan 

Patrick  Dunn 

Thomas  Dougherty 

Michael  Barom 

George  Hall 

A.  G.  Bird.. 

Lewis  R.  Hill 

J.  H.  Rider 

ClaudBeil 

Charles  Ballenger 

Peter  Lawson 

George  Sampson. 

Charles  Camps 

W.  Leonard 

P.McCue 

Aug.  Benford 

John  Carroll 

Andrew  Doyle 

W.  Gorman 

M.  Cavanagh 

Mark  Tynan 

F.Williams 

J.  P.  Roberts 

Martin  Hanley 

Thomas  McEvoy 

James  McManus 

John  Dilmore 

E.E.  Hogan 

B.J.Sullivan 

C.  McCartney 

T.  Sullivan 


Rate. 


Pilot 

..do 

Mate 

Boatswain . . . 
Water-tender 

..do 

Fireman 

..do  


do 
do 
do 
.do 
.do 
.do 


Fireman's  store-keeper 

Coal-passer 

...do 

...do 

.-..do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

Captain's  mate 

Seaman 

...do 

..do 

...do 

...do 

...do 

...do 

...do 

First- class  boy 

..  -do 

Second-class  boy 

Fireman's  mess-boy,  .. 

First  steward 

Second  steward 

First  cook 

Second  cook 

Third  cook 

Pantry-man 

Baker 

Officers'  man 

Waiter 

...do 

...do    

...do 

...do  


Pay  per 
annum. 


Advance 
received. 


Witness. 


134  TREATY    OF    WASHINGTON. 

[97]  *[Inclosure  3  in  No.  9.] 

Conmiission   to    Lieutenant   Charles  M.   Fauntleroy,  from  the  President  of  the  Confederate 

States  of  America. 

The  president  of  the  Confederate  States  of  America,  to  all  who  shall  see  these  pres 

ent,  greeting  : 

Know  ye  that,  reposing  special  trust  and  confidence  in  the  patriotism,  valor,  fidelity, 
and  abilities  of  Charles  M.  Fauntleroy,  I  do  appoint  him  a  lieutenant  in  the  navy  of 
the  Confederate  States,  to  rank  as  sugh  from  the  lOfch  of  June,  A.  D.  1861. 

He  is,  therefore,  carefully  and  dRigently  to  discharge  the  duty  of  lieutenant  by 
doing  and  performing  all  manner  of  things  thereunto  belonging  ;  and  I  do  strictly 
charge  all  officers  and  others  under  his  command  to  be  obedient  to  his  orders  as  lieu- 
tenant. *>■  > 

And  he  is  to  observe  and  follow  such  orders  and  directions  as  from  time  to  time  he 
shall  receive  from  me  or  the  future  president  of  the  Confederate  States  of  America,  or 
the  superior  officers  set  over  him,  according  tothe  rank  and  discipline  of  war. 

Given  under  my  hand  at  the  city  of  Richmond  this  27th  September,  in  the  year  of 
our  Lord  1861. 

(Signed)  JEFFERSON  DAVIS. 

By  the  President : 

(Signed)        S.  R.  Malloky, 

Secretary  of  the  Navy. 


[Inclosure  4  in  No.  9.J 

Captain  Buchanan  to  Lieutenant  Bennett,  C.  S.  N. 

Confederate  States  Office  of  Orders  and  Detail, 

Navy  Department,  Richmond,  September  19,  1861. 
Sir:  You  are  hereby  detached  from  the  Confederate  States  army,  and  you  will  pro- 
ceed to  Charleston,  South  Carolina,  and  report  to  Captain  D.  N.  Ingrahain,  on  the  23d, 
for  duty. 

I  am,  &c, 

(Signed)  FRANK  BUCHANAN, 

Captain  in  charge. 
By  command  of  the  secretary  of  the  navy. 

Report  to  Lieutenant-Commanding  A.  B.  Peagram  for  duty  on  board  the  Nashville. 
(Signed)  D.  N.  INGRAHAM. 

Similar  orders  issued  to  each  of  the  officers  appointed  to  the  Nashville. 


No.  10. 


Messrs.  Oliverson,  Lavie,  and  Peacftey  to  Earl  Russell. 

8  Frederick's  Place, 
November  25, 1861.     (Received  November  25.) 

My  Lord  :  We  have  the  honor  to  apply  to  you  on  behalf  of  Captain 
Nelson,  late  commander  of  the  American  vessel  Harvey  Birch,  and  on 
behalf  of  her  owners,  on  the  subject  of  their  claim  against  the  captain 
of  the  Nashville,  the  American  vessel  now  in  the  Southampton  docks, 
who  recently  destroyed  the  Harvey  Birch  under  circumstances  which 
will  be  known  to  your  lordship.. 

The  Nashville  has  now  on  board  her  certain  property  belonging  to  the 
owners  of  the  destroyed  vessel,  and,  acting  under  counsel's  advice,  an 
application  has  been  this  morning  made  to  the  magistrates  at  South- 
ampton to  issue  a  summons  or  warrant  for  service  upon  Captain  Pea- 
gram,  of  the  Nashville,  calling  upon  him,  by  production  of  the  authority 


BRITISH    CASE    AND    PAPERS.  135 

upon  which  he  acts,  or  otherwise,  to  show  cause  why  he  should  not  de- 
liver up  to  Captain  Nelson  the  property  belonging  to  his  owners  which 
he  withholds. 
The  magistrates  at  Southampton  are  desirous  of  having  the  authority 

of  your  lordship  before  they  issue  the  summons  or  warrant  applied* 
1 98]      for,  aud  we  beg,  therefore,  to  request  your  lordship  to  be  pleased 

at  ouce  to  give  the  necessary  directions  for  the  purpose. 

We  have,  &c, 

(Signed)  OLIVERSON,  LAVIE,  AND  PEAOHEY. 


No.  11. 

Mr.  Clive  to  Mr.  Hammond. 

Whitehall,  November  25,  1861.  (Received  November  25.) 
Sir:  I  have  laid  before  Secretary  Sir  George  Grey  your  letter  of  the 
22d  instant  relative  to  the  steamer  Nashville,  in  the  service  of  the  so- 
styled  Confederate  States  of  North  America,  which  has  arrived  in  the 
port  of  Southampton  j  and  I  am  to  transmit  to  you,  for  the  information 
of  Earl  Russell,  copies  of  the  letters  which  have  been  addressed  to  the 
commissioners  of  customs  and  the  mayor  of  Southampton  on  the  sub- 
ject. 

I  am,  &c, 

(Signed)  G.  CLIVE. 


[Inclosure  1  in  No.  11. J 

Mr.  Clive  to  the  commissioners  of  customs. 

Whitehall,  November  23,  1861. 
Gentlemen  :  It  having  been  stated  that  the  steamer  Nashville,  in  the  service  of  the 
so-styled  Confederate  States  of  North  America,  which  has  arrived  at  Southampton,  has 
come  there  for  the  purpose  of  being  more  completely  equipped  as  a  vessel  of  war,  I  am 
directed  by  Secretary  Sir  G.  Grey  to  call  your  attention  to  the  statement,  in  order  that 
if  an  attempt  should  be  made  so  to  equip  the  Nashville,  or  to  take  in  guns  or  muni-, 
tions  of  war,  you  may  proceed  as  required  by  the  act  59  Geo.  Ill,  cap.  69,  and  Her 
Majesty's  proclamation  of  the  13th  May,  1861. 

I  am,  &c, 

(Signed)  G.  CLIVE. 


[Inclosure  2  in  No.  11.] 

Mr.  Clive  to  the  mayor  of  Souihanqrfon. 

Whitehall,  November  23,  1861. 
Sir  :  The  attention  of  Her  Majesty's  government  having  been  called  to  a  statement 
in  the  daily  papers  that  the  steamer  Nashville,  in  the  service  of  the  so-styled  Confed- 
erate States  of  North  America,  has  put  into  the  port  of  Southampton  for  the  purpose 
of  being  fitted  as  a  vessel  of  war,  I  am  directed  by  Secretary  Sir  George  Grey  to  refer 
you  to  the  foreign-enlistment  act,  59  Geo.  Ill,  cap.  69,  and  to  Her  Majesty's  proclama- 
tion of  the  13th  May,  1861,  and  to  request  that  you  will  immediately  report  to  him  any 
facts  which  may  tend  to  show  for  what  purpose*  the  Nashville  has  put  into  the  port  of 
•Southampton. 

I  am,  &c, 

(Signed)  G.  CLIVE. 


136  TREATY    OF    WASHINGTON. 

No.  12. 
The  law-officers  of  the  Crotvn  to  Earl  Russell.    ■ 
■  [Urgent  and  immediate.] 

Doctors'  Commons, 
November  25,  1861.     (Eeceived  November  25.) 

My  Lord  :  We  are  honored  with  your  lordship's  commands,  signified 
in  Mr.  Layard's  letter  of  the  23d  November  instant,  stating  that  with 
reference  to  our  report  of  the  22d  November  instant,  upon  the  case  of 
the  Nashville,  he  was  directed  to  transmit  to  us  the  following  papers, 
viz: 

First.  The  draught  of  a  letter  which  was  addressed  on  the  22d  of  No- 
vember instant  to  the  admiralty  and  home  office,  requesting  that  direc- 
tions might  be  given  that  the  Nashville  should  not  be  allowed  to  equip 
herself  more  completely  as  a  vessel  of  war,  or  take  in  guns  Or  muni- 
tions of  war ; 
[99]  *Secondly.  A  note  from  Mr.  Adams,  the  United  States  minister  at 
this  court,  inclosing  papers  received  from  the  United  States  consul 
in  London,  respecting  the  destruction  by  the  Nashville  of  the  American 
vessel  Harvey  Birch,  and  requesting  that  Her  Majesty's  government 
will  cause  an  inquiry  to  be  made  into  the  circumstances  attending  that 
proceeding,  and  will  adopt  such  measures  as  the  case,  upon  investiga- 
tion, may  seem  to  demand; 

Thirdly.  The  draught  of  the  note  in  which  your  lordship  has  acknowl- 
edged the  receipt  of  that  communication ;  and 

Fourthly.  Letters  received  from  the  admiralty,  giving  particulars 
respecting  the  Nashville  and  her  officers  and  crew. 

Mr.  Layard  was  also  pleased  to  state  to  us,  with  reference  to  the 
observation  in  the  concluding  portion  of  Mr.  Adams's  note,  that  your 
lordship  has  given  directions  for  the  preparation  of  a  memorandum 
respecting  the  case  of  the  bark  Maury,  referred  to  by  him ;  and  tha- 
your  lordship  directed  Mr.  Layard  to  call  our  attention  to  the  proceed, 
ings  as  to  privateers,  which  occurred  in  the  United  States  in  1793-'94» 
and  to  request  that  we  would  take  Mr.  Adams's  note  into  consideration, 
and  furnish  your  lordship  with  our  opinion  as  to  any  proceedings  which 
it  is  incumbent  upon  Her  Majesty's  government  to  take  in  compliance 
therewith,  and  generally  with  our  advice  as  to  the  course  to  be  pursued 
by  Her  Majesty's  government  in  this  matter. 

Mr.  Layard  was  also  pleased  to  inclose  the  correspondence  respecting 
the  case  of  the  Bermuda,  referred  to  by  Mr.  Adams. 

In  obedience  to  your  lordship's  commands,  we  have  taken  this  matter 
ioto  our  consideration,  and  have  the  honor  to  report — 

That,  subject  to  any  questions  of  imperial  policy  which  are  beyond 
our  province,  we  are  unable  to  point  out  any  steps  which  it  is  incumbent 
on  Her  Majesty's  government  to  take,  in  compliance  with  Mr.  Adams's 
letter,  other  than  those  which  it  has  already  taken,  namely,  to  satisfy 
itself  as  to  the  character  of  the  Nashville  and  of  her  officers  and  crew ; 
and  to  give  directions  to  prevent  her  from  being  fitted  or  equipped,  or 
from  augmenting  or  increasing  her  force  within  Her  Majesty's  jurisdic- 
tion, in  contravention  of  the  foreign-enlistment  act. 

The  Nashville  appears  to  be  a  confederate  vessel  of  war;  her  com- 
mander and  officers  have  commissions  in  the  confederate  navy;  some 
of  them  have  written  orders  from  the  navy  department,  Richmond,  to 
report  to  Lieutenant  Peagram  "  for  duty  "  on  board  the  Nashville,  and 


BRITISH    CASE    AND    PAPERS.  137 

her  crew  have  signed  articles  to  ship  in  "  the  confederate  navy."  Her 
having  captured  and  burned  a  United  States  merchant- vessel  on  the  high 
seas  cannot,  under  these  circumstances,  be  considered  (to  adopt  Mr. 
Adams's  words)  as  "  voluntarily  undertaken  by  individuals  not  vested 
with  powers  generally  acknowledged  to  be  necessary  to  justify  aggressive 
warfare ;"  nor  does  it  at  all  approximate  within  the  definition  of  piracy; 
nor  is  it  an  unauthorized  act  of  violence ;  and  if  (as  Mr.  Adams  sug- 
gests) Her  Majesty's  government  is  called  on  in  this  case,  u  either  to 
recognize  a  belligerent  or  to  denounce  a  wrong-doer,"  Her  Majesty's 
government  must,  upon  the  facts  and  documents  now  appearing,  adopt 
the  former  course. 

With  reference  to  the  allegation  that  some  of  her  officers  are  to  be 
put  in  command  of  vessels  now  fitting  out  in  British  ports,  for  hostile 
purposes  against  the  United  States,  we  can  only  say  that  if  reasonable 
evidence  can  be  procured  that  such  vessels  are  being  so  fitted  out,  in 
contravention  of  the  foreign-enlistment  act,  all  parties  concerned  therein 
should  be  legally  proceeded  against,  with  the  view  to  their  being  per- 
sonally punished,  and  to  the  forfeiture  of  the  vessels. 

We  may  add  (generally)  that  it  will  be  competent  to  Her  Majesty,  as 
a  neutral  power,  either  to  designate  the  particular  ports  to  which  alone 
the  national  ships  of  the  belligerents  are  permitted  to  resort ;  to  limit 
the  time  for  which  or  to  define  the  circumstances  under  which  they 
may  so  resort  thereto,  or  to  make  and  publish  such  general  regulations 
with  reference  thereto  as  she  may  think  proper;  but,  subject  to  such 
limitations,  Her  Majesty  cannot  interfere  with  the  national  ships  of  one 
party  resorting  to  her  ports  in  respect  of  hostile  acts  done  on  the  high 
seas  to  the  ships  of  the  opposite  party. 

(Signed)  J.  D.  HARDING. 

WM.  ATHERTON. 
ROUNDELL  PALMER. 


[100]  *No.  13. 

The  late  officers  of  the  Crown  to  Earl  Russell. 

[Pressing.] 

Doctors'  Commons, 
November  26,  1861.  (Received  November  26.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Layard's  letter  of  the  25th  November  instant,  stating  that  he 
was  directed  to  transmit  to  us  a  letter  from  Messrs.  Oliverson,  Lavie, 
and  Peachey,  acting  on  behalf  of  Captain  Nelson,  the  commander  of 
the  American  vessel  Harvey  Birch,  requesting  that  the  magistrates  at 
Southampton  may  be  authorized  by  Her  Majesty's  government  to  issue 
a  warrant  or  summons  for  service  upon  Captain  Peagram,  commanding 
the  ship  of  war  Nashville,  under  the  flag  of  the  so-called  Confederate 
States,  calling  upon  him,  by  production  of  the  authority  under  which 
he  acts,  to  show  cause  why  he  should  not  deliver  up  to  Captain  Nelson 
the  property  belonging  to  his  owners,  which  is  alleged  to  be  detained 
on  board  the  Nashville;  and  to  request  that  we  would  furnish  your  lord- 
ship with  our  opinion  upon  the  answer  which  it  may  be  proper  to  return 
to  Messrs.  Oliverson  &  Co. 


138  TREATY    OF    WASHINGTON. 

In  obedience  to  your  lordship's  commands,  we  have  taken  this  subject 
into  consideration,  and  have  the  honor  to  report — 

That  we  observe  that  this  application  comes  from  the  attorneys  of  the 
party  proceeding,  (Captain  Nelson,)  who  do  not  state  that  the  magis- 
trates have  directed  them  to  address  your  lordship. 

Messrs.  Oliverson  may  be  informed  that  your  lordship  has  no  juris- 
diction or  power  to  give  any  authority  to  the  magistrates  either  to  issue 
any  summons  or  warrant,  or  to  do,  or  abstain  from  doing,  anything  in 
relation  to  the  matter  in  question ;  and  that  your  lordship  accordingly 
declines  to  interfere  therein. 

The  law  having  been  appealed  to,  it  must  take  its  course  in  the  ordi- 
nary way ;  though  (for  your  lordship's  guidance)  it  may  be  proper  for 
us  to  add  that,  by  law,  no  English  magistrate  has  jurisdiction  over  the 
commander  or  crew  of  the  Nashville  in  respect  to  acts  done,  or  property 
taken,  by  her  at  sea,  as  a  ship  of  war  of  a  belligerent  power,  acknowl- 
edged as  such  by  Her  Majesty ;  which  character,  from  her  papers,  (which 
have  been  produced,)  the  Nashville  appears  undoubtedly  to  possess. 
We  have,  &c, 

(Signed)  J.  I).  HARDING. 

WM.  ATHERTON. 
EOUNDELL  PALMER. 


No.  14. 
Mr.  Layard  to  Messrs.  Oliverson,  Lame,  and  Peachey. 

Foreign  Office,  November  27, 1861. 

Gentlemen:  I  am  directed  by  Earl  Russell  to  acknowledge  the 
receipt  of  your  letter  of  the  25th  instant,  in  which,  as  attorneys  for 
Captain  Nelson,  the  commander  of  the  American  vessel  Harvey  Birch, 
you  request  that  his  lordship  will  authorize  the  magistrates  at  South- 
ampton to  issue  a  warrant  or  summons  for  service  upon  Captain  Pea- 
gram,  commanding  the  ship  of  war  Nashville,  under  the  flag  of  the  so- 
styled  Confederate  States,  calling  upon  him,  by  production  of  the 
authority  under  which  he  acts,  to  show  cause  why  he  should  not  deliver 
up  to  Captain  Nelson  the  property  belonging  to  his  owners,  which  is 
alleged  to  be  detained  on  board  the  Nashville. 

Lord  Russell  directs  me  to  inform  you,  in  reply,  that  he  has  no  juris- 
diction or  power  to  give  authority  to  the  magistrates  either  to  issue  any 
summons  or  warrant,  or  to  do,  or  abstain  from  doing,  anything  in  rela- 
tion to  the  matter  in  question,  and  that  his  lordship  must  accordingly 
decline  to  interfere  therein. 
I  am,  &c, 
(Signed)  A.  H.  LAYARD. 


[101 J  *No.  15. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  November  28, 1861. 
The  undersigned,  Her  Majesty's  principal  secretary  of  state  for  foreign 
affairs,  has  the  honor  to  inform  Mr.  Adams,  envoy  extraordinary  and 
minister  plenipotentiary  of  the  United  States  at  this  court,  that  his  note 


BRITISH    CASE    AND    PAPERS.  139 

of  the  22d  instant  has  been  the  subject  of  careful  and  anxious  considera- 
tion by  Her  Majesty's  government. 

Mr.  Adams,  after  reciting  the  capture  and  destruction  by  fire  of  the 
United  States  merchant-ship  on  the  high  seas,  by  order  of  the  com- 
mander of  the  armed  steamer  called  the  Nashville,  and  the  subsequent 
arrival  of  the  Nashville  in  the  port  of  Southampton,  asks  for  an  inquiry 
into  two  classes  of  facts — the  first,  "as  to  the  authority  possessed  by 
this  vessel  to  commit  so  aggressive  an  act  on  the  citizens  of  a  friendly 
power,  and  then  to  claim  a  refuge  in  the  harbors  of  Great  Britain;'7  the 
second,  "in  case  the  nature  of  that  authority  be  deemed  sufficient,  at 
least  in  the  view  of  Her  Majesty's  government,  as  to  the  purposes  for 
which  the  ship  is  alleged  to  have  come  across  the  ocean,  to  wit,  the 
making  more  effective  preparations  in  the  ports  of  Great  Britain  for 
carrying  on  war  against  the  people  of  a  friendly  nation." 

Her  Majesty's  government  have  directed  their  inquiries  to  both  these 
points,  and  also  to  the  state  of  the  law  as  applicable  to  the  facts  thus 
by  them  ascertained. 

With  regard  to  the  first  point,  the  undersigned  has  to  state  that  the 
Nashville  appears  to  be  a  confederate  vessel  of  war;  her  commander 
and  officers  have  commissions  in  the  so-styled  confederate  navy;  some 
of  them  have  written  orders,  from  the  navy  department  at  Richmond, 
to  report  to  Lieutenant  Peagram  "for  duty"  on  board  the  Nashville ; 
and  her  crew  have  signed  articles  to  ship  in  the  confederate  navy. 

In  these  circumstances  the  act  done  by  the  Nashville,  of  capturing 
and  burning  on  the  high  seas  a  merchant- vessel  of  the  United  States, 
cannot  be  considered  as  an  act  "voluntarily  undertaken  by  individuals 
not  vested  with  powers  generally  acknowledged  to  be  necessary  to  jus- 
tify aggressive  warfare,"  nor  does  it  at  all  "approximate  within  the 
definition  of  piracy." 

Such  being  the  answer  of  Her  Majesty's  government  on  the  first  point 
raised  by  Mr.  Adams,  the  undersigned  passes  to  the  second. 

The  undersigned  stated  to  Mr.  Adams,  in  his  informal  note  of  the  23d 
instant,  that  he  had  already  given  directions  that  no  infringement  of 
the  foreign  enlistment  act  should  be  permitted  in  regard  to  the  Nash- 
ville. In  fact,  directions  had  already  been  given  to  prevent  the  Nash- 
ville from  augmenting  her  warlike  force  within  Her  Majesty's  jurisdic- 
tion in  contravention  of  the  foreign  enlistment  act. 

With  respect  to  the  allegation  made  by  Mr.  Adams,  that  some  of  the 
officers  of  the  Nashville  are  to  be  put  in  command  of  vessels  now  fitting 
out  in  British  ports  for  purposes  hostile  to  the  Government  of  the 
United  States,  the  undersigned  can  only  say  that,  if  reasonable  evidence 
can  be  procured  to  that  effect,  all  parties  concerned,  who  shall  be  act- 
ing in  contravention  of  the  foreign  enlistment  act,  shall  be  legally  pro- 
ceeded against,  with  a  view  to  the  punishment  of  the  persons  and  to  the 
forfeiture  of  the  vessels. 

Having  thus  answered  Mr.  Adams  upo^  the  two  points  to  which  his 
attention  was  called,  the  undersigned  has  only  further  to  say  that  if, 
in  order  to  maintain  inviolate  the  neutral  character  which  Her  Majesty 
has  assumed,  Her  Majesty's  government  should  find  it  necessary  to 
adopt  further  measures,  within  the  limits  of  public  law,  Her  Majesty 
will  be  advised  to  adopt  such  measures. 

It  is  the  earnest  desire  of  Her  Majesty  to  preserve  intact  the  friendly 
relations  between  Her  Majesty  and  the  United  States  of  America. 

The  undersigned,  &c, 

(Signed)  EUSSELL. 


140  TREATY    OF    WASHINGTON. 

[102]  *No.  16. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  December  2, 1861.     (Received  December  3.) 

The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary  of 
the  United  States,  has  the  honor  to  acknowledge  the  receipt  of  a  note 
from  the  right  honorable  Earl  Russell,  Her  Majesty's  principal  secretary 
of  state  for  foreign  affairs,  dated  on  the  28th  of  November,  and  in  an- 
swer to  the  note  of  the  undersigned  soliciting  an  investigation  into  the 
case  of  the  armed  steamer,  the  Nashville. 

While  the  undersigned  regrets  that  Her  Majesty's  government  has 
determined  to  give  what  he  cannot  but  think  a  liberal  construction  to 
the  evidence  furnished  of  the  character  of  the  voyage  of  the  Nashville, 
it  is  yet  a  source  of  great  satisfaction  to  him  to  learn  the  intention  ex- 
pressed by  the  government  to  apply  all  its  power  to  the  prevention  of 
measures  taken  within  this  kingdom  by  ill-disposed  persons  to  fit  out 
enterprises  of  a  hostile  character  to  the  United  States.  The  under- 
signed entertains  no  doubt  that  this  information,  which  has  been  already 
transmitted  by  him  to  his  Government,  will  be  received  with  much 
pleasure. 

The  undersigned,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


No.  17. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall, 
December  6,  1861.     (Received  December  7.) 
Sir:  With  reference  to  Mr.  Clive's  letter  of  the  25th  ultimo,  lam 
directed  by  Secretary  Sir  George  Grey  to  transmit  to  you,  for  the  in- 
formation of  Earl  Russell,  the  inclosed  copy  of  a  letter  from  the  com- 
missioners of  customs,  reporting  the  steps  which  they  have  taken  in  the 
case  of  the  steamer  Nashville. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 

[Inelosure  in  No.  17.] 

Mr.  Gardner  to  Mr.  Waddington. 

*  Custom-House,  London,  December  5,  1861. 

Sir:  I  am  directed  by  the  commissioners  of  Her  Majesty's  customs  to  acknowledge 
the  receipt  of  your  letter  of  the  4th  instant,  signifying  the  request  of  Secretary  Sir 
G.  Grey  to  be  informed  what  steps  they  took  in  regard  to  the  steamer  Nashville,  and 
whether  anything  has  come  to  their  knowledge  since  the  date  of  Mr.  Clive's  letter  of 
the  23d  ultimo  to  justify  interference  on  their  part ;  and  I  am  to  acquaint  you  that,  on 
receipt  of  Mr.  Clive's  letter,  the  board  transmitted  to  the  collector  at  Southampton 
a  copy  of  the  letter,  and,  with  reference  to  the  act  59  Geo.  Ill,  cap.  69,  and  Her  Majes- 
ty's order  in  council,  of  the  13th  May  last,  directed  him  forthwith  to  report  any  altera- 
tions or  fittings  of  a  hostile  nature  which  might  take  place  on  board.  And  the  board 
have  this  day  been  informed  by  their  collector  "  that  the  Nashville  has  'just  now  been 
placed  in  dry-dock,  not  repaired  at  present  beyond  calking  aloft.  This  afternoon 
will  decide  what  future  repairs  she  requires." 


BRITISH    CASE    AND    PAPERS.  141 

The  collector  proposes  to  report  farther  particulars,  and  upon  receipt  thereof  the 
board  will  acquaint  you  therewith. 
I  have,  &c, 
(Signed)  F.  G.  GARDNER. 


[103]  *^0.  18. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall, 
December  7,  1861.     (Eeceived  December  7.) 
Sir  :  With  reference  to  your  letter  of  the  22d  ultimo,  respecting  the 
steamer  Nashville,  I  am  directed  by  Secretary  Sir  George  Grey  to  trans- 
mit to  you,  to  be  laid  before  the  Earl  Eussell,  the  inclosed  copy  of  a 
further  letter  from  the  commissioners  of  customs,  reporting  on  the 
alterations  proposed  to  oe  made  in  that  vessel. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 

[Inclosure  in  Ko.  18.] 

Mr.  Gardner  to  Mr.   Waddington. 

Custom-House,  December  6,  1861. 
Sir  :  I  am  directed  to  acquaiut  you,  for  the  information  of  Secretary  Sir  G.  Grey, 
with  reference  to  my  letter  of  yesterday's  date,  that  the  officers  of  this  revenue  at 
Southampton  have  reported  to  the  board  that  the  steamship  Nashville  has  not  under- 
gone any  further  repairs  than  calking  aloft. 

The  vessel  was  yesterday  taken  into  dry-dock,  in  order  to  ascertain  the  amount  of 
damage  sustained  by  her  keel  in  coming  out  of  Charleston  harbor,  and  the  officers  have 
been  informed  by  the  ship-builder  who  has  undertaken  to  perform  whatever  repairs 
may  be  necessary,  and  who  they  state  may  be  fully  relied  on,  that  beyond  restoring  the 
keel  and  replacing  the  paddles  which  are  off  the  wheels,  and  also  placing  some  beams 
athwart  to  strengthen  her,  no  alterations  or  fittings  are  likely  to  take  place. 
I  am,  &c,  , 

(Signed)  F.  G.  GARDNER. 


No.  19. 

Earl  Eussell  to  Mr.  Adams. 

Foreign  Office,  December  8, 1861. 
Earl  Eussell  presents  his  compliments  to  Mr.  Adams,  and  has  the 
honor  to  send  him  copies  of  letters  received  from  the  home  department, 
in  reference  to  the  Nashville.1 


.  No.  20. 
Mr.   Waddington  to  Mr.  Hammond. 

Whitehall, 
December  16,  1861.     (Eeceived  December  17.) 
Sir  :  With  reference  to  the  previous  correspondence  upon  the  same 
subject,  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you 

1  Inclosures  in  Nos.  17  and  18. 


142  TREATY    OF    WASHINGTON. 

a  copy  of  a  letter  from  the  towD-clerk  of  Southampton,  reporting  that 
the  Nashville  is  now  lying  in  the  graving-dock  at  that  port,  and  that 
certain  repairs  are  now  being  made  to  her ;  and  I  am  to  request  that 
you  will  lay  the  same  before  Earl  Eussell. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


104]  [*Inclosure  in  ~No.  20.J 

Mr.  Deacon  to  Sir  George  Grey. 

Town-Clerk's  Office, 
Southampton,  December  13,  1861. 
Sir  :  With  reference  to  my  letter  to  you  of  the  27th  ultimo,  relative  to  the  steamship 
Nashville,  I  am  directed  hy  the  worshipful  the  mayor  of  this  borough,  to  inform  yon 
that  the  Nashville  is  now  lying  in  the  graving-dock  of  this  port,  and  that  certain 
repairs  are  now  being  made  to  her. 
I  am,  &c, 
(Signed)  CHARLES  E.  DEACON, 

Town-Clerk. 


No.  21. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  December  19, 1861. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  a  copy  of  a 
letter  from  the  home  office,1  inclosing  a  copy  of  a  letter  from  the  town- 
clerk  of  Southampton,  reporting  that  the  confederate  steamer  Nashville 
is  undergoing  certain  repairs  at  that  port;  and  I  am  to  request  that  in 
laying  the  same  before  the  lords  commissioners  of  the  admiralty  you 
will  state  to  their  lordships  that  Lord  Russell  would  consider  it  satis- 
factory if  the  naval  officer  at  Southampton  were  instructed  to  visit  that 
vessel  and  to  report  what  is  taking  place  on  board  her. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  22. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 
December  24,  1861.     (Received  December  26.) 
Sir  :  With  reference  to  your  letter  of  the  19th  instant,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  send  you  here- 
with, for  the  information  of  the  secretary  of  state  for  foreign  affairs,  a 
copy  of  a  letter  from  Captain  Patey,  captain-superintendent  of  packets 
at  Southampton,  dated  the  23d  instant,  reporting  that  only  the  neces- 
sary repairs  have  been  executed  on  board  the  so-styled  Confederate  States 
steamer  Nashville,  now  in  dock  at  Southampton,  and  stating  that  no 
steps  whatever  have  been  taken  to  fit  her  more  completely  as  a  vessel  of 
war  since  her  arrival  at  that  port. 
1  am,  &c, 
(Signed)  W.  G.  ROMAINE. 

1  No.  20  and  inclosure. 


BRITISH    CASE    AND    PAPERS.  143 

[Inclosure  in  No.  22.] 

Captain  Patey  to  the  secretary  to  the  admiralty. 

Southampton,  December  23,  1861. 
Sir  :  In  answer  to  your  letter  of  the  21st  instant,  directing  me  to  visit  the  confederate 
steamer  Nashville,  and  report  what  is  taking  place  on  board  that  vessel,  I  have  the  honor 
to  acquaint  you,  for  the  information  of  the  lords  commissioners  of  the  admiralty,  that  I 
have  this  day  visited  the  ship  in  question,  which  is  in  dry-dock  ;  though  I  have  per- 
sonally and  daily  heretofore  taken  notice  of  what  has  passed  in  regard  to  the  Nashville, 
and  am  therefore  in  a  position  to  report  that  no  repairs  have  taken  place  hut  what  was 
found  absolutely  necessary  for  making  good  a  few  trifling  defects  she  sustained  in  her 
passage  to  this  country,  such  as  replacing  boarding,  gratings,  and  water-closets,  washed 
away  in  a  heavy  sea  from  the  port  sponson  and  paddle-box.     A  few  sheets  of  cop- 
[105]  per  have  also  been  replaced,  *to  make  good  rubs  which   the  ship's  bottom  met 
with  by  touching  the  ground  in  crossing  the  bar  at  Charleston  ;  some  calking  has 
likewise  been  done  in  parts  that  were  found  to  be  leaky,  consequent  upon  the  heavy 
weather  which  the  ship  encountered  in  crossing  the  Atlantic. 

I  beg  to  add  that  the  Nashville  has  not  in  any  way  equipped  herself  more  completely 
as  a  vessel  of  war  since  her  arrival  at  Southampton.  She  is  at  present  detained  in  dry- 
dock  in  consequence  of  another  ship  being  in  the  same  dock  with  the  planking  off  her 
bottom. 

I  deem  it  right  to  state  that  Captain  Peagram  of  the  Nashville  has,  from  the  first, 
most  willingly  evinced  a  disposition  that  not  anything  should  be  undertaken  without 
first  acquainting  me. 
I  am,  &c, 
(Signed)  C.  G.  PATEY, 

Captain  Superintendent  Packet  Service. 


No.  23. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  December  27, 1861. 

Lord  Kussell  presents  his  compliments  to  Mr.  Adams,  and  has  the 
honor  to  transmit  to  him  herewith  a  copy  of  a  letter  addressed  by  the 
superintendent  of  packets  at  Southampton  to  the  secretary  of  the  ad- 
miralty1 respecting  the  nature  of  the  repairs  which  have  been  executed 
in  that  port  on  board  the  steamer  Nashville. 

Lord  Eussell  requests,  &c. 


No.  24. 

Mr.  Adams  to  Earl  Eussell. 

Legation  of  the  United  States, 
London,  December  28,  1861.  (Keceived  December  31.) 
Mr.  Adams,  the  minister  of  the  United  States,  presents  his  compli- 
ments to  Lord  Eussell,  and  has  the  honor  to  acknowledge  the  reception, 
on  two  several  occasions,  of  copies  of  letters  addressed  by  the  superin- 
tendent of  packets  to  the  admiralty  respecting  the  nature  of  the  repairs 
which  have  been  executed  in  the  port  of  Southampton  on  board  the 
steamer  Nashville.  It  is  a  source  of  gratification  to  him  to  observe 
the  continued  supervision  exercised  by  Her  Majesty's  government  over 
the  outfit  of  that  vessel. 

1  Inclosure  in  No.  22. 


144  TREATY    OF    WASHINGTON. 

Mr.  Adams  seizes  the  opportunity  thus  afforded  him  to  submit  to  the 
consideration  of  Lord  Bussell  a  copy  of  another  deposition  taken  before 
Mr.  Freeman  H.  Morse,  the  consul  of  the  United  States  in  London,  of 
one  of  the  crew  of  the  Nashville  on  her  late  voyage.  If  the  statement 
therein  made  be  in  accordance  with  fact,  then  it  would  appear  that  the 
representation  given  by  the  master  of  that  vessel  to  the  governor  of 
Bermuda  of  the  character  of  his  voyage,  upon  which  alone  he  succeeded 
in  obtaining  from  him  supplies  of  coal,  is  in  conflict  with  the  construc- 
tion given  to  it  by  Her  Majesty's  government  on  the  vessel's  arrival 
here,  and  much  more  nearly  approximates  the  view  of  the  case  first 
taken  by  Mr.  Adams.  The  verification  of  this  fact,  or  otherwise,  is 
fortunately  in  the  power  of  Her  Majesty's  government  by  reference  to 
the  governor  of  Bermuda.  Although,  if  found  to  be  true,  it  might 
arrive  too  late  to  be  of  service  in  the  present  instance,  Mr.  Adams 
ventures  to  indulge  the  hope  that  this  example  may  serve  as  an  induce- 
ment to  the  application  of  a  more  favorable  rule  hereafter  for  the  pre- 
vention of  abuses  under  the  shelter  of  so-called  belligerent  rights. 

Mr.  Adams  begs,  &c. 


1106]  *[Inclosure  in  Xo.  24.] 

Deposition  of  Frederick  Williams. 

I,  Frederick  Williams,  of  Boston,  in  the  State  of  Massachusetts,  United  States  of 
America,  ship's  cook  and  steward,  do  solemnly  swear  that  I  sailed  from  the  port  of  New 
York  in  the  month  of  November,  1860,  in  the  ship  Mackinaw,  of  Charleston,  South 
Carolina,  Captain  William  Hammer,  bound  to  Liverpool  ;  arrived  at  Liverpool  about 
24th  of  December,  and  remained  there  until  the  latter  end  of  February  or  the  com- 
mencement of  March,  when  I  again  sailed  in  the  ship  for  Charleston,  with  a  cargo  of 
coal,  and  arrived  at  Charleston  about  the  8th  or  9th  of  April,  a  few  days  before  Fort 
Sumter  was  bombarded.  I  was  then  discharged,  and  remained  in  Charleston  until  the 
25th  of  September,  on  which  day  I  shipped  at  Black's  shipping-office  as  second  cook 
of  the  steamer  Nashville,  of  Charleston,  for  a  voyage  to  England  and  one  or  two  other 
foreign  ports,  and  back  to  Charleston,  and  on  the  same  day  I  went  on  board  the  vessel, 
which  was  then  lying  alongside  the  New  York  steamboat  dock,  where  she  usually  lay. 
Captain  Murray,  her  usual  captain,  still  had  charge  of  her  ;  nearly  all  the  crew  were 
then  on  board,  being  at  work  cleaning  the  vessel  and  putting  her  in  order,  as  'she  had 
been  laid  up  five  or  six  months.  About  a  week  or  ten  days  after  I  had  joined, 
fourteen  or  fifteen  naval  officers  came  on  board  with  their  baggage.  I  was  told  they 
were  going  as  passengers  to  England  to  take  command,  when  they  arrived,  of  vessels 
of  war  that  were  fitting  out  in  England  for  the  Confederate  States.  After  this  time  I 
(having  first  got  my  clothes  on  board)  was  not  allowed  to  communicate  with  the  shore, 
nor  were  any  of  the  crew  permitted  to  do  so.  I  asked  Captain  Murray  to  let  me  go 
ashore.  He  replied  that  he  had  nothing  more  to  say  on  board  the  vessel  now  than  I 
had,  and  told  me  to  go  to  one  of  the  naval  officers.  Between  their  coming  on  board 
and  the  vessel's  sailing  about  three  weeks  elapsed,  and  in  this  time  two  rifled  cannon 
were  brought  on  board  and  placed  forward.  Messrs.  Slidell  and  Mason  and  their 
families  and  baggage  came  on  board,  and  I  understood  that  they  were  going  as  pas- 
sengers, but  they  afterward  left  the  vessel.  During  all  this  time  a  small  steamer  went 
out  of  the  harbor  daily  to  determine  the  exact  position  of  the  United  States  blockading 
squadron,  and  this  information  was  communicated  to  the  officers.  One  night  in  the 
latter  end  of  October  steam  was  got  up,  and  the  Nashville  steamed  out  of  port,  great 
precautions  being  used  to  avoid  the  blockading  vessels.  Three  and  a  half  days  after- 
ward we  arrived  at  Bermuda  and  came  to  anchor,  the  vessel  flying  at  the  peak  the 
Confederate  States  flag  and  a  pennant  at  the  main.  The  governor  of  Bermuda  came 
on  board  the  ship  and  saw  Captain  Peagram  and  his  officers,  and  I  heard  Captain  Pea- 
gram  tell  the  governor,  as  they  walked  along  the  deck  with  the  first  lieutenant,  "  You 
must  understand,  governor,  that  this  is  not  a  navy  vessel ;  if  she  were,  we  should  have 
arms  and  regulations  accordingly.  She  is  strictly  a  merchant-vessel."  The  governor 
had  previously  intimated  that  if  she  were  not  strictly  a  merchantman  she  would  not 
be  permitted  to  coal.  The  ship  was  in  want  of  coal,  as  she  had  come  out  of  Charleston 
light  to  enable  her  to  get  more  readily  over  the  bar.  Upon  this  guarantee  of  Captain 
Peagram — that  she  was  a  merchant-ship — the  Nashville  was  allowed  to  coal,  and  about 


BRITISH    CASE    AND    PAPERS.  145 

400  or  500  tons  were  taken  on  board.  Not  being  permitted  to  go  ashore,  I  wrote  a  letter 
of  complaint  to  the  American  consul,  and  sent  it  ashore  by  a  laborer.  I  received  no 
reply,  but  on  the  following  day  the  first  lieutenant  appeared  to  have  heard  of  it,  and 
called  me.  He  said  to  me,  "  You  scoundrel,  you  have  been  communicating  with  the 
enemy.  You  have  forfeited  your  life  and  will  be  hanged  at  the  yard-arm."  I  was  then 
put  in  irons  and  placed  in  the  hold  among  the  coal,  and  I  remained  in  irons  three 
days,  when  I  was  liberated.  We  were  out  of  sight  of  land.  I  was  then  sent  forward 
until  about  the  15th  of  November,  when  1  was  again  sent  to  the  galley.  On  the  morn- 
ing of  the  19th  of  November  we  fell  in  with  an  American  ship,  which  was  found  to  be 
the  Harvey  Birch,  of  New  York,  Nelson,  master,  from  Havre  to  New  York,  in  ballast. 
The  gangways  in  the  way  of  guns  were  removed,  muskets  were  served  out,  and  the 
officers  buckled  on  their  swords,  and  the  flag  of  the  so-called  Confederate  States  was 
set.  The  Nashville  then  ran  alongside  the  Harvey  Birch,  ordered  her  to  heave  to, 
ordered  the  captain  on  board,  and  ultimately  took  the  whole  crew  out  of  her,  and  after 
the  second  lieutenant's  boat  left  I  saw  that  the  ship  was  on  fire.  The  crew  of  the 
Harvey  Birch,  excepting  the  officers,  were  put  in  irons  and  kept  in  irons  until  they 
arrived  at  Southampton,  where  they  were  liberated  and  allowed  to  go  ashore. 
[107]  But  I  was  not  permitted  to  leave  the  vessel,  *and  finding  that  I  had.  been  de- 
ceived, I  deserted  from  her.  In  Charleston,  after  the  officers  came  on  board,  the 
purser  produced  new  shipping-articles,  which  the  crew  were  compelled  to  sign,  as  they 
knew  they  would  be  in  danger  if  they  did  not.  The  baggage  of  Slidell  and  Mason  was 
taken  out  of  the  Nashville  directly  before  the  steamer  Theodore  left  Charleston,  which 
vessel  left  twelve  or  fourteen  days  before  the  Nashville,  and  it  was  known  in  Charles- 
ton before  the  Nashville  sailed  that  the  Theodore  had  arrived  safely  at  Havana  with 
Slidell  and  Mason  on  board. 

(Signed)  FREDERICK  WILLIAMS. 

Sworn  before  me,  in  the  consulate  of  the  United  States  at  London,  this  19th  day  of 
December,  1861. 

(Signed)  F.  H.  MORSE,. 

Consul. 


No.  25. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  1, 1862. 
Lord  Eussell  presents  his  compliments  to  Mr.  Adams,  and  has  the 
honor  to  inform  him,  in  reply  to  his  note  of  the  28th  ultimo,  that  he  will 
immediately  communicate  with  the  Duke  of  Newcastle,  with  the  view 
of  obtaining  from  the  governor  of  Bermuda  a  correct  account  of  the 
representation  made  to  him  by  the  commander  of  the  Nashville. 


No.  26. 

Mr.  Hammond  to  Sir  F.  Rogers. 

Foreign  Office,  January  1,  1862. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you,  to  be  laid  be- 
fore the  Duke  of  Newcastle,  the  accompanying  copy  of  a  note  from  the 
United  States  minister  at  this  court,1  inclosing  a  deposition  which  has 
been  made  by  a  seaman  of  the  Nashville,  from  which  it  would  appear 
that  Commander  Peagram  represented  to  the  governor  of  Bermuda  that 
the  Nashville  was  strictly  a  merchant- vessel  and  not  a  ship  of  war  ;  and 
I  am  to  request  that  you  will  move  his  grace  to  cause  inquiry  to  be 
made  of  the  governor  as  to  the  truth  of  this  statement. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

1  No.  24  and  inclosure. 
H.  Ex.  282,  vol.  ii 10 


146  TREATY    OF   WASHINGTON. 

No.  27. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  10,  1862.  (Received  January 11.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Her  Majesty's  secretary  of 
state  for  foreign  affairs,  a  copy  of  a  telegram  received  this  day  from  Cap- 
tain Patey  relative  to  certain  proceedings  of  officers  and  men  belonging 
to  the  United  States  ship-of-war  Tuscarora  with  regard  to  the  Nashville, 
a  vessel  of  war  belonging  to  the  so-styled  Confederate  States,  at  South- 
ampton. 

I  am,  &c, 

(Signed)  C.  PAGET. 


[Inclosure  in  No.  27.] 

Captain  Patey  to  the  secretary  to  the  admiralty. 

[Telegraphic] 

Southampton,  January  10, 1862. 
Last  night  at  8  dock-master  reported  having  discovered  in  the  dock  two  officers  and 
three  men  from  Tuscarora,  who  stated  they  were  on  shore  under  orders  watching  Nash- 
ville, and  to  signal  should  she  get  under  way.    Dock-master  removed  them  from  the 
dock. 


[108]  *No.  28. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  January  10, 1862. 
Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaint 
the  lords  commissioners  of  the  admiralty,  with  reference  to  your  letter 
of  this  day,  inclosing  a  telegram  from  Southampton  respecting  the 
United  States  steamer  Tuscarora  at  that  port,  that  his  lordship  is  of 
opinion  that  orders  should  immediately  be  given  for  placing  a  ship  of 
war  of  superior  force  as  near  Southampton  as  the  circumstances  of  the 
case  may  appear  to  require,  in  order  to  prevent  any  hostilities  taking 
place  within  British  waters  between  the  Federal  and  confederate  steam- 
ers now  lying  at  or  near  Southampton,  and  with  instructions,  in  the 
event  of  either  of  those  steamers  proceeding  to  sea,  not  to  allow  the 
other  to  start  in  pursuit  of  her  until  the  expiration  of  twenty-four 
hours. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  29. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  10, 1862. 
Sir  :  I  have  just  been  informed  that  armed  men  were  found  last  night 
watching  the  Nashville  in  Southampton  docks,  and  that  they  were  dis- 


BEITISH    CASE    AND     PAPERS.  147 

covered  by  Mr.  Hodge,  the  dock  superintendent,  close  at  the  Nashville's 
bows. 

I  think  it  necessary  to  state  to  you  that,  except  in  case  of  stress  of 
weather  forcing  them  to  land,  Her  Majesty's  government  cannot  permit 
armed  men  in  the  service  of  a  foreign  government  to  land  upon  British 
ground. 

I  therefore  request  that  you  will  inform  the  captain  of  the  Federal 
steamer  in  Southampton  waters  that  he  must  refrain  from  acts  of  this 
kind,  w4iich  may  lead  to  a  collision  between  his  men  and  the  British 
authorities. 

I  have  also  to  inform  you  that  no  act  of  hostility  can  be  permitted 
between  the  federal  steamer  and  its  enemy  within  British  waters,  and 
that  orders  to  that  effect  will  be  issued  to  the  board  of  admiralty. 

In  the  case  of  the  Nashville  leaving  British  waters,  the  Federal 
steamer-of-war  will  not  be  permitted  to  start  from  British  waters  in 
pursuit  of  her  till  after  the  expiration  of  twenty-four  hours. 

The  same  rule  will  be  applied  to  the  vessels  of  the  so-called  Confed- 
erate States. 

I  am,  &c, 

(Signed)  .  BUSSELL. 


No.  30. 

The  secretary  to  the  admiralty  to  Mr.  Hammo7id. 

Admiralty,  January  11,  1862.  (Beceived  January  11.) 
Sir  :  With  reference  to  your  letter  of  the  10th  instant,  requesting 
that  measures  may  be  taken  to  prevent  any  hostilities  taking  place 
within  British  waters  between  the  Federal  and  so-styled  confederate 
steamers  now  lying  in  Southampton  water,  I  am  commanded  by  my 
lords  commissioners  of  the  admiralty  to  send  you  herewith,  for  the  in- 
formation of  Earl  Bussell,  a  copy  of  a  letter  of  yesterday's  date,  ad- 
dressed by  Captain  Willcox,  of  Her  Majesty's  ship  Dauntless,  to  Cap- 
tain Craven,  commanding  the  Federal  steamer  Tuscarora,  on  this  sub- 
ject, 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[109]  *  [Inclosure  in  No.  30.] 

Captain  Willcox  to  Captain  Craven,  U.  S.  N. 

Dauntless,  Southampton,  January  10,  1862. 

Sir:  Having  observed  preparations  for  departure  in  the  United  States  steamer  Tus- 
carora, under  your  command,  and  also  in  the  Confederate  States  steamer  Nashville,  I 
beg  to  acquaint  you  that  I  have  received  instructions  to  prevent  any  hostility  taking 
place  in  British  waters  ;  and  I  beg  to  bring  to  your  notice  the  usual  law  of  nations, 
which  requires  that  twenty-four  hours  should  elapse  before  the  departure  of  one  bel- 
ligerent ship  in  pursuit  of  the  other. 

Relying  upon  your  good  judgment  in  this  matter,  and  the  friendly  feeling  existing 
between  the  two  governments,  I  have,  &c, 

(Signed)  JAMES  WILLCOX. 


148  TREATY    OF   WASHINGTON. 

No.  31. 

The  secretary  to  the  admiralty  to  Mr.  Hammond, 

Admiralty,  January  11,  1862.    (Received  January  11.) 
Sir  :  I  arn  commanded  by  my  lords  commissioners  to  the  admiralty  to 
send  herewith,  for  the  information  of  Earl  Russell,  copy  of  a  telegram 
which  has  been  received  from  Captain  Patey,  at  Southampton^  stating 
that  the  two  American  vessels  Nashville  and  Tuscarora  would  not  pro- 
ceed to  sea  within  twenty-four  hours  after  the  departure  of  either. 
I  am,  &c, 
(Signed)  0.  PAGET. 


[Inclosure  in  No.  31.] 

Captain  Patey  to  the  secretary  to  the  admiralty. 

[Telegraphic] 

Southampton,  January  11,  1862. 
Have  seen  captains  of  both  American  vessels.     Have  received  written  promises 
one  will  not  follow  the  other  to  sea  within  twenty-four  hours.    Both  observe  strict 
neutrality. 


No.  32. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  13, 1862.    (Eeceived  January  13.) 
Sir:  With  reference  to  my  letter  of  the  11th  instant,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  transmit  here- 
with, for  the  information  of  Earl  Kussell,  a  copy  of  a  letter  dated  11th 
instant,  from  Captain  Willcox,  of  the  Dauntless,  and  of  its  inclosure 
from  Commander  Craven,  of  the  United  States  ship  of  war  Tuscarora, 
as  to  the  proceedings  of  that  ship  at  Southampton. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 


J  HO]  *  [Inclosure  1  in  No.  32.] 

Captain  Willcox  to  the  secretary  to  the  admiralty. 

Dauntless,  Southampton,  January  11,  1862. 
ISIbz  Lord  :  With  reference  to  a  communication  that  I  have  this  day  forwarded  to  the 
commodore  comptroller-general,  I  have  the  honor  to  inclose  you,  for  the  informa- 
tion of  their  lordships,  a  copy  of  a  reply  I  have  received  from  the  commander  of  the 
United  States  ship  Tuscarora. 

I  forward  this  to  your  lordship  direct  to  save  time,  having  also  written  to  the  com- 
modore. 

I  am,  &c, 

(Signed)  JAMES  WILLCOX. 


BRITISH    CASE   AND   PAPERS.  149 

[Inclosure  2  in  No.  32.] 

Commander  Craven,  JJ.  S.  N.}  to  Captain  Willcox. 

Tuscarora,  Southampton,  January  10,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  this 
evening. 

I  am  not  aware  that  I  have  given  cause  for  your  assuming  that  I  meditate  an  act 
of  hostility  in  the  waters  of  Great  Britain. 

Claiming  the  right  of  free  access  to,  and  egress  from,  the  waters  of  a  nation  be- 
lieved, to  be  in  amity  with  the  United  States,  and  sincerely  desirous  of  avoiding  £11 
semblance  of  offense,  I  am,  &c, 

(Signed)  J.  AUGS.  CRAVEN. 


No.  33. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  13, 1862.    (Eeceived  January  13.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  request  you  will  state  to  Earl  Russell  that  telegrams  have  been  re- 
ceived from  Captain  Patey,  at  Southampton,  reporting  that  the  United 
States  vessel  of  war  Tuscarora  left  that  port  this  mornng,  and  has 
anchored  one  mile  to  the  westward  of  Calshot  light-ship. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


No.  34. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  13, 1862.    (Received  January  13.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  acquaint  you,  for  the  information  of  Earl  Russell,  that  Captain  Patey 
reports  by  telegram  that  the  American  vessel  Tuscarora  has  returned 
to  her  original  anchorage  at  the  entrance  of  the  Itchen  Channel. 
I  am,  &c, 
(Signed)  W.  G.  ROMALNE. 


[111J  *No.  35. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  13,  1862.  (Received  January  13.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  transmit  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  dated  the  11th  instant,  from  Captain  Patey,  senior  officer  of  Her 
Majesty's  ships  at  Southampton,  together  with  copies  of  the  correspond- 
ence which  has  passed  between  that  officer  and  the  commanders  of  the 
Tuscarora  and  Nashville,  respecting  the  detention  of  one  vessel  until  the 
expiration  of  twenty -four  hours  after  the  other's  departure. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


150  TREATY    OF   WASHINGTON. 

[Inclosure  1  in  No.  35.] 
Captain  Patey  to  the  secretary  to  the  admiralty. 

Southampton,  January  11, 1862. 

My  Lord  :  Referring  to  your  telegram  delivered  to  me  at  2.15  a.  m.  of  this  date, 
directing  me  to  give  notice  to  both  Americans  that  I  had  received  orders  detaining 
one  vessel  until  the  other  has  had  twenty-four  hours'  start,  I  have  the  honor  to  fur- 
nish herewith,  for  the  information  of  the  lords  commissioners  of  the  admiralty,  copies 
of  ^correspondence  which  have  taken  place  between  myself  and  the  commanders  of  the 
Tuscarora  and  Nashville,  respectively,  on  the  subject  in  question ;  inclosure  2  being  a 
copy  of  my  letter  to  the  captain  of  the  Tuscarora,  and  inclosure  3  copy  of  his  reply,  in 
which  their  lordships  will  observe  the  Nashville  is  designated  a  pirate ;  inclosure  4  is 
a  copy  of  my  letter  to  the  commander  of  the  Nashville,  and  inclosure  5  a  copy  of  his 
answer  thereto.  . 

I  am,  &c, 

(Signed)  C.  G.  E.  PATEY. 


[Inclosure  2  in  No.  35.] 

Captain  Patey  to  Commander  Craven,  U.  S.  N. 

Admiralty  Office,  Southampton,  January  11,  1862. 
Sir  :  I  have  the  honor  to  acquaint  you  that  I  have  received  orders,  with  respect  to 
the  ship  under  your  command,  and  the  Nashville,  to  detain  one  vessel  until  the  other 
has  had  twenty-four  hours'  start. 
I  am,  &c, 
(Signed)  C.  G.  E.  PATEY. 


[Inclosure  3  in  No.  35.] 
Commander  Craven,  U.  S.  N.,  to  Captain  Patey. 

Tuscarora,  Southampton,  January  11,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  this  date. 
You  may  rest  assured  that  I  will  strictly  observe  all  the  hours  by  which  international 
intercourse  is  regulated,  and  will  not  depart  from  this  port  within  twenty-four  hours 
after  the  sailing  of  the  pirate  Nashville. 
I  shall  expect  of  you  a  strict  impartiality  in  this  matter. 
I  am,  &c, 
(Signed)  J.  AUGS.  CRAVEN. 


[112]  *[Inclosure  4  in  No.  35.] 

Captain  Patey  to  Commande)*  Peagram,  C.  S.  N. 

Admiralty  Office,  Southampton,  January  11,  1862. 
Sir  :  I  have  the  honor  to  acquaint  you  that  I  have  received  orders,  with  respect  to 
the  ship  under  your  command,  and  the  Tuscarora,  to  detain  one  vessel  until  the  other 
has  had  twenty-four  hours'  start. 
I  am,  &c, 
(Signed)  C.  G.  E.  PATEY. 


[Inclosure  5  in  No.  35.  J 

Commander  Peagram,  C.  S.  A7.,  to  Captain  Patey. 

Nashville,  Southampton,  January  11,  186*. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  to-day's  date,  in- 
timating to  me  that  in  the  event  of  the  Tuscarora  proceeding  to  sea,  the  ship  under 
my  command  is  not  to   leave  until  twenty-four  hours   shall  have  elapsed  after  the 
Tuscarora's  departure,  and  I  beg  to  assure  you  that  I  shall  rigidly  conform  to  the 
instructions  of  your  government  in  this  respect,  and  you  may  depend  that  nothing 
whatever  shall  be  done  on  my  part  to  infringe  the  neutrality  of  this  port. 
I  have,  &c, 
(Signed)  R.  B.  PEAGRAM. 


BRITISH    CASE    AND    PAPERS.  151 

No.  36. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  15, 1862.     (Received  January  16.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  dated  the  14th  instant,  from  Captain  Patey,  relative  to  the  Amer- 
ican vessels  Tuscarora  and  Nashville,  now  at  Southampton. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 

P.  S. — Tuscarora  weighed  and  passed  Oalshot  at  2  p.  m.  to-day  in  a 
fog.  •  W.  G.  R. 


[Inclosure  in  No.  36.] 

Captain  Patey  to  the  secretary  to  the  admiralty. 

[Extract.] 

Southampton,  January  14,  1862. 

I  have  the  honor  to  acquaint  you,  for  the  information  of  the  lords  commissioners  of 
the  admiralty,  that  in  carrying  out  their  lordships'  orders,  as  conveyed  to  me  by  your 
telegram  received  at  2.15  a.  m.  of  the  12th  instant,  I  proceeded  early  in  the  morning 
of  that  date  on  board  the  Nashville,  lying  in  the  docks,  and  after  some  conversation 
with  the  commander  of  that  vessel,  who  met  me  in  the  most  conciliatory  spirit,  show- 
ing the  greatest  anxiety  not  to  do  anything  which  could  in  the  slightest  degree  tend 
to  infringe  the  neutrality  of  this  port;  after  which  conversation  I  handed  him  my 
letter,  and  requested,  if  he  saw  no  objection,  he  would  give  me  a  written  acknowledg- 
ment, which  would  embody  what  he  had  already  stated.     This  he  immediately  did. 

After  communicating  with  the  Nashville,  it  then  blowing  a  heavy  gale  of  wind,  I 
was  unable  to  communicate  with  the  Tuscarora  until  2  p.  m.  of  the  same  day,  when  I 
succeeded  in  obtaining  a  tug,  and  by  that  means  reached  the  Tuscarora  in  the 
[113]  stream,  on  board  which  ship  I  was  received  by  her  commander,  *whoin  I  in- 
formed of  my  orders.  After  a  discussion  on  various  points  involved  in  the  ques- 
tion of  neutrality,  I  placed  in  his  hands  the  communication  which  I  had  addressed  to 
him.  At  the  same  time  I  stated  that,  to  prevent  any  possible  misunderstanding  in  the 
matter,  I  would  be  glad  to  receive  a  written  reply  from  him,  which,  after  some  hesita- 
tion, and  desultory  remarks  respecting  the  Nashville,  and  the  so-called  Confederate 
States  of  North  America  generally,  to  which  that  vessel  belongs,  he  complied,  and 
handed  me  a  letter  in  which  the  specified  twenty-four  hours  were  omitted.  In  point- 
ing out  this  grave  omission,  to  which  he  did  not  agree  with  me  in  attaching  the  same 
importance,  after  some  further  discussion,  however,  he  wrote  and  gave  to  me  the  letter, 
copy  of  which  is  already  in  their  lordships'  possession,  remarking  that  he  looked  to  me 
to  exercise  the  strictest  impartiality  between  himself  and  the  pirate  Nashville,  as  he 
termed  that  vessel. 

I  thought  it  was  well  while  on  board  the  Tuscarora  to  refer  to  the  fact  of  his  having 
sent  officers  and  men  into  the  docks  to  watch  the  Nashville,  and  also  to  point  out  that 
a  boat  from  his  ship,  apparently  armed,  had  been  observed  pulling  in  and  out  of  the 
docks,  without  landing,  during  the  night. 

He  observed  that  this  should  not  be" repeated:  and  it  was  at  this  moment  he  male 
the  remark  before  referred  to  with  regard  to  my  exercising  a  strict  impartiality  be- 
tween him  and  the  Nashville. 

I  have  not  failed  to  point  to  Captain  Willcox,  of  Her  Majesty's  ship  Dauntless,  what 
steps  I  have  considered  it  necessary  to  take  in  this  matter;  and  my  proceedings,  more 
fully  detailed  in  this  letter,  will,  I  trust,  meet  their  lordships'  approval. 


No.  37. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  21,  1862.     (Received  January  22.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
state,  for  the  information  of  Earl  Russell,  that  a  telegram,  as  follows, 


152  TREATY   OF   WASHINGTON. 

was  this  morning  received  from  Captain  Patey  at  Southampton :  "  Daunt- 
less reports  Tuscarora  having  proceeded  down  Southampton  Water  at 
8  last  evening—not  in  sight  this  morning,  but  thick  fog." 

I  am,  &c, 

(Signed)  W.  G.  EOMAINE. 


No.  38. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  22,  1862.  (Eeceived  January  23.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
acquaint  you,  for  the  information  of  Earl  Eussejl,  that  at  8  o'clock  on 
the  20th  instant,  the  United  States  corvette  Tuscarora  left  her  moorings, 
but  it  could  not  then,  on  account  of  the  state  of  the  weather,  be  ascer- 
tained whither  she  proceeded,  but  yesterday  morning  she  was  discovered 
to  be  at  anchor  just  outside  Oalshdt  Castle. 

This  morning  she  is  reported  again  to  have  returned  to  her  former 
position  in  Southampton  Water. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 


[114]  *;No.  39. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  26, 1862.  (Eeceived  January  26.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  transmit  herewith,  for  the  information  of  Earl  Eussell,  copy  of  a  letter 
from  Captain  Patey,  E.  K,  and  of  the  reply  thereto,  relative  to  the 
American  vessels  Tuscarora  and  Nashville.  I  am  also  to  acquaint  you 
that  orders  for  Her  Majesty's  ship  Shannon  to  proceed  to  Southampton 
as  soon  as  possible  have  been  sent  to  the  commander-in-chief  at  Ports- 
mouth. 

I  am,  &c, 

(Signed)  W.  G.  EOMALNE. 


ITnclosure  1  in  No.  39.] 
Captain  Patey  to  the  secretary  to  the  admiralty. 
[Extract.] 

Southampton,  January  25, 1862. 

I  have  the  honor  to  request  you  will  be  pleased  to  bring  under  the  consideration  of 
the  lords  commissioners  of  the  admiralty  whether  it  is  intended  to  allow  the  American 
Federal  ship  of  war  Tuscarora,  and  the  vessel  of  war  Nashville,  of  the  so-styled  Con- 
federate States  of  North  America,  to  remain  at  this  port  for  an  indefinite  period. 

The  Nashville's  necessary  defects  have  been  made  good,  and  she  has  been  coaled, 
and,  judging  from  the  frequent  movements  of  the  Tuscarora  up  and  down  the  South- 
ampton waters,  including  one  trip  through  the  Needles  and  round  the  Isle  of  Wight, 
that  the  ship  is  in  all  respects  ready  for  sea,  I  am  induced  to  bring  this  matter  under 
the  notice  of  their  lordships,  because  it  appears  to  me  from  the  course  pursued,  and 
avowedly  so  made  known  to  me  by  the  captain  of  the  Tuscarora  in  a  conversation 
which  I  Lave  had  with  that  officer,  he  will  do  his  utmost  to  render  the  rule  of  twenty- 
four  hours  which  the  Nashville  may  be  inclined  to  take  advantage  of,  null  and  void, 


BRITISH    CASE'  AND     PAPERS.  153 

by  constantly  keeping  np  his  steam,  and  having  slips  on  his  cable,  so  that  the  moment 
Nashville  moves,  Tuscarora  will  precede  her,  arid  at  once  claim  priority  of  sailing,  re- 
turning to  this  port  again  within  the  lapse  of  twenty-four  hours ;  it  hence  follows  that 
Nashville  is  closely  blockaded  in  a  neutral  port,  and.  this  is,  without  doubt,  the  special 
object  of  the  Tuscarora' s  visit  to  Southampton. 

I  would  also  beg  to  point  out  to  their  lordships  the  possibility  of  the  Tuscarora  and 
Nashville  coming  into  collision  in  a  narrow  channel  and  at  night,  and  the  probability 
of  Tuscarora,  supposing  that  the  other  ship  had  purposely  run  into  her,  opening  fire  on 
her,  and  hence  bringing  on  a  grave  difficulty  in  the  matter.  Under^all  the  circum- 
stances of  this  peculiar  case,  I  think  it  my  duty  to  make  this  communication  to  their  lord- 
ships that  they  may  take  such  steps  as  may  by  them  be  deemed  necessary,  respectfully 
submitting  that  the  commanders  of  the  Tuscarora  and  Nashville,  respectively,  should 
be  called  upon  to  give  me  a  written  notice  of  the  date  and  hour  they  intend  to 
proceed  to  sea,  and  that  having  received  such  notice  from  either  one,  the  other  should 
be  immediately  notified  of  the  fact,  and  that  he  would  not  be  allowed  to  follow  until 
twenty-four  hours  had  elapsed. 


[Inclosure  2  in  No.  39.] 

The  secretary  to  the  admiralty  to  Captain  Patey. 

Admiralty,  January  25,  1862. 
Sir  :  With  reference  to  your  letter  of  to-day's  date  I  am  commanded  by  my  lords 
commissioners  of  the  admiralty  to  signify  their  direction  to  you  to  communicate  with 
the  commanders  of  the  Tuscarora  and  Nashville,  and  to  inform  them  that  by  their 
lordships'  order  you  are  to  obtain  from  them  written  promises  not  to  leave  their  present 
position  without  giving  you  twenty-four  hours'  notice  of  their  intention  to  depart. 
[115]       *My  lords,  have  given  this  direction  which  is  not  opposed  to  the  rules  of  inter- 
.    national  usage,  in  order  to  prevent  the  possibility  of  a  collision  between  the 
vessels  of  the  belligerent  powers,  and  in  consequence  of  the  evident  state  of  prepara- 
tion for  immediate  movement  which  is  maintained  on  the  part  of  the  Tuscarora.        , 
I  am,  &c, 
(Signed)  W.  G..ROMAINE. 


No.  40. 
Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  January  26, 1862. 

Sir  :  I  ain  directed  by  Earl  Eussell  to  acknowledge  your  letter  dated 
this  day,  informing  Lord  Russell  of  the  proceedings  of  the  Tuscarora 
and  Nashville,  and  of  the  reply  given,  by  direction  of  the  lords  of  the 
admiralty,  to  Captain  Patey. 

Lord  Russell  desires  me  to  say  that  he  fully  concurs  in  the  directions 
given  by  their  lordships. 

It  appears  from  Captain  Patey's  letter  that  the  defects  of  the  Nash- 
ville have  been  made  good,  and  that  she  has  been  coaled.  It  appears 
also  that  the  Tuscarora  is  quite  ready  for  sea. 

Upon  the  state  of  facts  detailed  in  Captain  Patey's  letter,  Lord  Russell 
would  suggest  to  the  lords  of  the  admiralty  that  both  commanders, 
namely,  those  of  the  Tuscarora  and  Nashville,  should  be  informed  that 
they  must  leave  Southampton  waters  and  put  to  sea,  with  an  interval 
of  twenty-four  hours  between  the  departure  of  the  several  vessels.  That 
as  the  Nashville  was  the  first  to  arrive,  she  should  be  required  to  depart 
by  Tuesday,  at  12  o'clock  at  noon.  That  as  the  Tuscarora  could  not  be 
permitted  to  go  outside  and  wait  for  her  antagonist,  she  should  be 
ordered  to  go  to  sea  on  Wednesday,  at  12  o'clock  at  noon. 

If  the  commander  of  the  Nashville  should  desire  to  go  to  sea  to- 


154  TREATY    OF    WASHINGTON. 

morrow,  he  should  be  allowed  to  do  so,  and  in  that  case  the  Tuscarora 
might  be  desired  to  depart  twenty-four  hours  after  the  departure  of  the 
Nashville. 

It  would  be  necessary  to  have  a  sufficient  force  in  Southampton  waters, 
and  near  Calshot  Castle,  to  see  that  these  orders  are  carried  into  effect 
without  resistance. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  41. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  27,  1862,  2  p.  m.     (Eeceived  January  27.) 

Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  acquaint  you,  for  the  information  of  Earl  Russell,  that  the  following 
telegram  has  just  been  received  from  Captain  Patey  at  Southampton : 
"  Tuscarora  has  notified  intention  to  put  to  sea  to-morrow  at  11  a.  m.," 
and  that  my  lords  have  answered  by  telegram,  "Tuscarora  to  be  allowed 
to  proceed ;  acquaint  Nashville." 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[116]  *No.  42. 

Mr.  Layard  to  the  secretary  to  the  admiralty. 

Foreign  Office,  January  28, 1862. 
Sir  :  I  have  laid  before  Earl  Russell  your  letter  to  Mr.  Hammond,  of 
yesterday's  date,  reporting  the  answer  which  the  lords  commissioners  of 
the  admiralty  had  sent  by  telegraph  to  a  telegram  from  Captain  Patey, 
announcing  that  the  Tuscarora  had  notified  her  intention  to  proceed  to 
sea  at  11  a.  m.  this  day. 
I  am,  &c, 
(Signed)  ,     A.  H.  LAYARD. 


No.  43. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  28,  1862.     (Received  January  29.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  acquaint  you,  for  the  information  of  Earl  Russell,  that  the  inclosed 
telegram  has  been  received  from  the  senior  officer  of  Her  Majesty's  ships 
at  Southampton,  respecting  the  departure  of  the  United  States  vessel 
of  war  Tuscarora. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


BRITISH   CASE   AND    PAPERS.  155 

[Inclosure  in  No.  43.] 

Captain  Patey  to  the  secretary  to  the  admiralty. 

[Telegraphic] 

SouTHAMPTqp,  January  28,  1862. 
Have  received  letter  from  the  Tuscarora:  "In  consequence  of  weather,  departure 
deferred  until  to-morrow  or  first  fine  day."    Replied,  "  Could  not  see  anything  in  the 
state  of  the  weather  to  prevent  his  proceeding  to  sea,"  and  requested,  "he  would  lose 
no  time  in  leaving  Southampton  water  and  proceeding  to  sea." 


No.  44. 

The  secretary  to  the  admiralty  to  Mr.  Hammond, 

Admiralty,  January  29,  1862.    (Received  January  29.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  acquaint  you,  for  the  information  of  Earl  Russell,  that  at  8.10  a.  m. 
to-day  the  Tuscarora  weighed,  and  proceeded  down  to  Southampton 
water. 

I  am,  &c, 

(Signed)  W.  G.  ROMALNE, 


No.  45. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  January  29,  1862.     (Received  January  29.) 
My  Lord:  I  have  the  honor  to  submit  to  your  lordship's  considera- 
tion copies  of  certain  letters  transmitted  to  me  by  Commander  Craven, 
of  the  United  States  corvette  the  Tuscarora,  now  at  Southampton. 

It  would  appear,  from  the  tenor  of  this  correspondence,  as  if  a  dif- 
ferent rule  were  about  to  be  applied  by  Her  Majesty's  government  to  the 
armed  ships  of  the  United  States  from  that  which  has  been  extended  to 
their  enemies.  As  I  cannot  permit  myself  for  a  moment  to  believe 
[117]  the  existence  of  any  such  intention,  I  feel  *  myself  constrained  to 
apply  to  your  lordship  for  such  an  explanation  of  the  terms  of 
Captain  Patey's  note  of  the  28th  instant  as  may  reconcile  the  apparent 
inconsistency  which  it  involves. 

While  I  deem  it  needless  to  assure  your  lordship  of  the  desire  of  my 
government  to  abstain  from  any  and  all  acts  which  would  tend  in  the 
remotest  degree  to  a  violation  of  the  laws  of  neutrality  within  the  juris- 
diction of  Her  Majesty,  it  would  at  the  same  time  be  the  source  of  great 
regret  if  even  a  shadow  of  a  ground  should  be  given  to  the  idea  that  at 
least  an  equal  degree  of  comity  is  not  extended  to  them  with  that  which 
has  been  granted  to  persons  committing  the  most  hostile  acts  against 
their  authority. 

I  pray,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


156  TREATY    OF   WASHINGTON. 

[Inclosure  1  in  No.  45.] 

Captain  Patey  to  Commander  Craven,  TJ.  S.  N. 

Admiralty  Office,  Southampton,  January  26, 1862. 
Sir  :  I  have  the  honor  to  state  that  I  am  directed  to  obtain  from  you,  as  well  as  from 
the  commander  of  the  Nashville,  a  written  promise  that  you  will  not  leave  your  pres- 
ent position  with  givibg  me  twenty-four  hours'  notice  of  your  intention  to  depart. 
I  am,  &c, 
(Signed)  CHAS.  E.  PATEY. 


Tlnclosure  2  in  No.  45.] 

Commander  Craven,  TJ.  S.  N.,  to  Captain  Patey. 

Tuscarora,  Southampton,  January  26,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  this  day. 
I  most  cheerfully  agree  to,the  requirement  of  giving  you  twenty-four  hours'  notice 
of  my  intention  to  depart  from  this  anchorage. 
I  am,  &c, 
(Signed)  J.  AUGS.  CRAVEN. 


[Inclosure  3  in  No.  45.] 

Commander  Craven,  TJ.  S.  N.,  to  Captain  Patey. 

Tuscarora,  Southampton,  January  27, 1862. 
Sir  :  I  have  the  honor  to  inform  you  that  I  intend  to  proceed  to  sea  to-morrow  (Tues- 
day) at  11  a.  m. 
I  am,  &c, 
(Signed)  J.  AUGS.  CRAVEN. 


[Inclosure  4  in  No.  45.] 

Captain  Patey  to  Commander  Craven,  TJ.  S.  N. 

Southampton,  January  28,  1862. 
r   Sir  :  I  have  the  honor  to  acknowledge  the  recipt  of  your  letter  of  this  day's  date,  ac- 
quainting me  that  you  intend  to  proceed  to  sea  to-morrow  (Tuesday)  at  11  a.  m.    A  no- 
tification of  your  intention  so  to  proceed  has  been  communicated  by  me  to  the  lieuten- 
ant commanding  the  Nashville. 

I  am,  &c, 

(Signed)  CHAS.  G.  E.  PATEY. 


[118]  *[Inclosure  5  in  No.  45.] 

Commander  Craven,  TJ.  S.  N.,  to  Captain  Patey.* 

Tuscarora,  Southampton,  January  28, 1862. 
Sir  :  I  have  the  honor  to  advise  you  that,  in  consequence  of  the  inclemency  of  the 
weather  I  shall  defer  my  departure  until  to-morrow,  (Wednesday,)  or  the  first  fair  day. 
I  am,  &c, 
(Signed)  .  J.  AUGS.  CRAVEN. 


[Inclosure  6  in  No.  45.] 
Captain  Patey  to  Commander  Craven,  TJ.  S.  N. 

Southampton,  January  28,  1862 — 11  a.  m. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  this  day's  date, 
advising  me  that,  in  consequence,  as  you  allege,  of  the  inclemency  of  the  weather,  you 
intend  to  defer  your  departure  until  to-morrow,  (Wednesday,)  or  the  first  fair  day. 

Not  seeing  anything  in  the  state  of  the  weather  to  prevent  your  proceeding  to  sea  in 


BRITISH   CASE    AND    PAPERS.  157 

accordance  with  the  intimation  expressed  in  your  letter  to  me  of  yesterday,  I  have  to 
request  that  you  will  lose  no  time  in  leaving  the  Southampton  waters,  and  proceeding 
to  sea  accordingly. 

Having  received  from  you  a  written  notification  of  your  intention  to  proceed  to  sea 
this  day  at  11  a.  m.,  I  did  not  deem  it  necessary  to  convey  to  you  my  instructions, 
which  were  "  to  desire  that  you  would  leave  the  Southampton  waters  and  proceed  to 
sea  to-day  at  12  o'clock  at  noon." 
I  am,  &c, 
(Signed)  CHAS.  G.  E.  PATEY. 


No.  46. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 
Admiralty,  January  29, 1862.    (Eeceived  January  30.) 
Sir  :  With  reference  to  my  letter  of  yesterday,  I  am  commanded  by 
my  lords  commissioners  of  the  admiralty  to  send  you  herewith,  for  the 
information  of  Earl  Eussell,  a  copy  of  a  letter  from  Captain  Patey,  dated 
the  28th  instant,  and  of  its  inclosures,  relative  to  the  United  States  ves- 
sel of  war  Tuscarora  having  deferred  her  departure  from  Southampton 
water. 

I  am,  &c, 

(Signed(  W.  G.  EOMAINE. 


[Inclosure  1  in  No.  46.] 
Captain  Patey  to  the  secretary  to  the  admiralty. 

Southampton,  January  28, 1862. 
Sir:  I  have  the  honor  to  inclose,  for  the  information  of  the  lords  commissioners  of 
the  admiralty,  a  copy  of  a  letter  which  I  received  this  morning  from  the  commander 
of  the  Tuscarora,  with  a  copy  of  my  reply  thereto.    I  have  not,  np  to  this  hour,  5.30 
p.  m.,  received  any  further  communication  from  Commander  Craven,  nor  is  there  the 
least  sign  of  the  Tuscarora  proceeding  to  sea,  although  the  weather  continues  moderate. 
I  beg  to  acquaint  their  lordships  that  Her  Majesty's  ship  Shannon  arrived  and 
anchored  just  inside  Calshot  at  9  this  morning. 
I  am,  &c, 
(Signed)  C.  PATEY. 


LH9]  [Inclosure  2  in  No.  46.  ] 

Commander  Craven,  V.  S.  JSf.,  to  Captain  Patey,  January  28,  1862. 
[See  inclosure  5  in  No.  45.] 


[Inclosure  3  in  No.  46.J 

Captain  Patey  to  Commander  Craven,  U.  S.  N.,  January  28,  1862. 

[See  inclosure  6  in  No.  45.] 


No.  47. 

Mr.  Layard  to  the  secretary  to  the  admiralty. 

Foreign  Office,  January  30, 1862. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  a  copy  of  a 
note  from  Mr.  Adams,1  &c.,  inclosing  copies  of  Captain  Patey's  corre- 

!No.  45. 


158  TREATY   OF   WASHINGTON. 

spondence  with  the  commander  of  the  Tuscarora  respecting  the  pro 
ceedings  of  that  vessel  and  commenting  upon  the  terms  of  Captain 
Patey's  letter  to  Commander  Craven  of  the  28th  instant.  I  also  trans- 
mit to  you  a  copy  of  the  note  which  Lord  Eussell  is  about  to  address 
to  Mr.  Adams  in  reply/  and  in  conformity  therewith  I  am  to  request 
that  you  will  move  the  board  of  admiralty  to  enable  Lord  Russell  to 
give  a  precise  answer  as  to  the  proceedings  to  which  Mr.  Adams  refers. 

I  am,  &c, 

(Signed)  A.  H.  LAYARD.     , 


No.  48. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  30, 1862. 

Sir:  I  have  had  the  honor  to  receive  your  letter  of  the  29th  instant, 
inclosing  certain  correspondence  transmitted  to  you  by  Commander 
Craven,  of  the  United  States  corvette  the  Tuscarora. 

I  can  assure  you  it  has  been  the  earnest  desire  of  Her  Majesty's  gov- 
ernment to  apply  the  same  equal  rule  to  the  armed  ships  of  the  United 
States  and  to  those  of  their  enemies. 

It  has  been  difficult  to  apply  to  the  Tuscarora,  however,  rules  which 
would  put  her  exactly  on  an  equality  with  the  Nashville,  for  reasons 
which  can  only  be  explained  by  a  detail  of  the  facts. 

Eor  this  purpose,  the  best  course  will  be  that  I  should  refer  to  your 
letter  to  the  board  of  admiralty,  with  a  view  to  obtain  a  precise  answer 
as  to  the  proceedings  to  which  you  refer. 

In  the  mean  time  I  have  to  inform  you  that  stringent  rules,  for  the 
purpose  of  preventing  any  infringement  of  Her  Majesty's  neutrality 
during  the  present  unhappy  contest,  are  about  to  be  promulgated. 
I  am,  &c, 
(Signed)  .       RUSSELL. 


No.  49. 

The  secretary  to  the  admiralty  to  Mr.  Layard. 

[Immediate.  J 

Admiralty,  January  31,  1862.    (Received  January  31.) 
Sir:  In  reply  to  your  letter  of  the  30th  instant,  inclosing  copies  of 

correspondence  between  Earl  Russell  and  Mr.  Adams,  the  minister 
[120]    of  the  United  States  at  this  *court,  relative  to  the  United  States 

ship  Tuscarora,  and  requesting  a  detail  of  facts  as  to  the  pro- 
ceedings at  Southampton  with  regard  to  this  vessel  and  the  Nashville, 
the  latter  belonging  to  the  so-called  Confederate  States,  so  that  his 
lordship  may  be  enabled  to  give  a  precise  answer  to  Mr.  Adams.  I  am 
commanded  by  my  lords  commissioners  of  the  admiralty  to  send  you 
herewith,  for  Lord  Russell's  information,  a  statement  of  facts  connected 
with  the  proceedings  of  the  two  vessels  in  question. 

I  am,  <&c, 

(Signed)  W.  G.  ROMAINE. 

*No.  48. 


BRITISH    CASE    AND    PAPERS.  159 

[Inclosure  in  No.  49.] 

Statement  of  facts  with  regard  to  the  Tuscarora,  United  States  vessel  of  ivar,  and  the  Nash- 
ville, a  vessel  belonging  to  the  so-styled  Confederate  States. 

November  21,  1861. — Nashville  arrived  at  Southampton,  and  taken  into  dock  for 
calking  and  other  repairs. 

December  15. — Tuscarora  arrived,  and  anchored  off  entrance  to  Rizer  Itchen. 

December  23. — Captain  Patey  reported  no  repairs  had  been  made  in  Nashville  beyond 
what  were  absolutely  necessary,  and  that  she  had  not  been  in  any  way  equipped  more 
completely  as  a  man-of-war.  * 

January  10,  1862. — Captain  Patey  reported  that  dockmaster  at  Southampton  had  on 
previous  night  found  two  officers  (one  with  side-arms)  and  three  men  belonging  to 
Tuscarora. under  graving-dock  fence,  on  pier  between  docks;  they  stated  that  they 
were  stationed  there  by  their  captain's  orders  to  watch  Nashville,  and  to  make  a  signal 
to  their  own  ship  should  Nashville  attempt  to  get  under  way.  Dockmaster  removed 
these  persons. 

January  10.^-Captain  Patey  also  reported  that  Tuscarora  had  received  150  tons  of 
coal,  and  had  kept  her  steam  up  since  her  arrival,  with  a  spring  on  her  cable,  appa- 
rently ready  for  sea. 

January  11.— Captain  Wilcox,  of  Her  Majesty's  ship  Dauntless,  stationed  in  South- 
ampton water,  informed  captains  of  Tuscarora  and  Nashville  that  he  had  observed 
preperations  for  their  departure,  and  had  instructions  to  prevent  any  hostilities  in 
British  waters,  and  brought  to  their  notice  that  the  law  of  nations  requires  that 
twenty -four  hours  should  elapse  before  the  departure  of  one  belligerent  ship  from  a  neu- 
tral port  in  pursuit  of  another.  Captain  Patey,  as  senior  officer  at  Southampton,  also 
informed  captains  of  Tuscarora  and  Nashville  that  he  had  received  orders  to  detain 
one  vessel  until  the  other  had  twenty-four  hours'  start.  Captains  of  two  vessels  an- 
swered they  would  conform  to  law  ;  and  Captain  Craven  (of  Tuscarora)  claimed  right 
of  free  access  to  and  egress  from  "waters  of  a  nation  believed  to  be  in  amity  with 
.United  States,"  trusting  that  strict  impartiality  would  be  observed  between  the  two 
vessels.  In  reply,  Captain  Patey  referred  to  fact  of  Captain.  Craven  having  sent  offi- 
cers and  men  into  docks  to  watch  Nashville,  and  also  pointed  out  that  a  boat,  appa- 
rently armed,  from  the  Tuscarora,  had  been  observed  pulling  in  and  out  of  the  docks 
without  landing  during  the  night.  Captain  Craven  gave  assurance  that  this  would 
not  be  repeated. 

January  13. — Tuscarora  left  anchorage  at  4  a.  m.,  and  proceeded  to  anchor  one  mile 
west  of  Calshot  lightship.  Returned  at  4  p.  m.  to  former  anchorage,  at  entrance  of 
Itchen  River. 

January  15.— Tuscarora  at  2  p.  m.  weighed,  and  passed  Calshot. 

January  16. — At  2  p.  m.  returned  to  original  anchorage. 

January  20. — At  8  p.  m.  proceeded  down  Southampton  Water,  and  anchored  outside 
Calshot  Castle. 

January  22. — At  10  a.  m.  returned  to  anchorage  at  mouth  of  Itchen  River.    • 

January  25. — Captain  Patey  reported  Nashville  coaled  and  necessary  repairs  com- 
pleted, and  Tuscarora  ready  for  sea ;  also  that,  in  conversation  with  him,  Captain 
Craven,  of  Tuscarora,  had  avowed  that  he  would  do  his  utmost  to  render  rule  as  to 
twenty-four  hours'  start  null  and  void  by  constantly  keeping  up  steam,  and  having 
slips  on  her  cable,  so  that  the  moment  Nashville  might  move  Tuscarora  would  precede 
her,  and  claim  priority  of  sailing,  returning  again  within  twenty-fours,  and  so  act- 
ually blockading  Nashville  in  a  neutral  port. 

January  26. — Under  instructions,  Captain  Patey  obtained  written  promises 
[121]   from  *captains  of  Tuscarora  and  Nashville  not  to  leave  their  then  positions 
without  giving  twenty-four  hours'  notice. 

January  27. — In  order  to  prevent  any  hostile  proceedings  between  the  two  vessels  in 
British  waters,  a  messenger  was  dispatched  in  the  morning  to  Southampton,  with  in- 
structions to  Captain  Patey  to  require  Nashville  to  depart  by  12  o'clock  at  noon  on 
Tuesday,  the  28th  January,  and  Tuscarora  on  following  day  at  same  hour ;  but  at  1 
p.  m.,  and  before  receiving  these  last-mentioned  instructions,  Captain  Patey  tele- 
graphed that  captain  of  Tuscarora  had  notified  to  him  that  that  ship  would  put 
to  sea  on  the  following  clay,  namely,  on  the  28th  January,  at  11  a.  m.  To  this  tele- 
gram an  answer  was  at  once  sent  that  Tuscarora  was  accordingly  to  be  allowed  to 
proceed  first ;  ^nd,  under  the  circumstances,  Captain  Patey  did  not  think  it  necessary 
to  acquaint  the  captain  of  Tuscarora  of  the  orders  he  (Captain  Patey)  received  subse- 
quently, (on  the  afternoon  of  the  27th,)  requiring  the  ship  to  quit  Southampton. 

January  28. — Captain  of  Tuscarora  reported  by  letter  to  Captain  Patey  that  he  should 
defer  departure,  in  consequence  of  inclemency  of  weather,  until  29th,  or  first  fine  day. 
Captain  Patey,  in  answer,  told  Captain  Craven  that  he  saw  nothing  in  the  state  of  the 
weather  to  prevent  Tuscarora  proceeding,  and  reuested  she  would  lose  no  time  in 
doing  so,  observing  that,  having  received  from  Captain  Craven  a  written  notification 


160  .     TREATY   OF   WASHINGTON. 

of  his  intention  to  proceed  on  the  27th,  at  11  a.  m.,  he  (Captain  Patey)  had  not  deemed 
it  necessary  to  convey  to  Captain  Craven  the  instructions  he  had  received  for  Tusca- 
rora  to  leave  Southampton  at  noon  ou  the  28th. 

January  28. — Captain  Patey  directed  by  telegraph  not  to  take  any  steps  at  present 
to  compel  Tuscarora's  departure. 

January  29. — At  10  a.  m.  Tuscarora  proceeded  down  Southampton  Water. 

January  30. — Captain  Patey,  by  telegraph,  reports  Tuscarora,  at  2  p.  m.,  remains  in 
Yarmouth  Roads,  and  he  asks  for  instructions  as  to  Nashville's  departure.  Informed, 
in  reply,  that  the  time  of  Nashville's  departure  will  date  from  hour  Tuscarora  shall 
really  go  to  sea,  in  accordance  with  notice. 

Admiralty,  January  30,  1862. 


No.  50. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  February  1, 1862. 
Sir  :  I  have  now  the  honor  to  send  you  a  summary  of  the  proceedings 
of  the  board  of  admiralty  in  regard  to  the  Tuscarora  and  Nashville  in 
Southampton  waters. 

I  think  you  will  see  from  this  summary  that  Her  Majesty's  govern- 
ment have  reason  to  complain  of  the  c6nduct  of  the  commander  of  the 
Tuscarora  as  an  attempt  to  carry  on  hostilities  in  the  waters  of  a 
neutral. 

I  have  the  honor  also  to  inclose  a  copy  of  the  London  Gazette,1  con- 
taining the  rules  which  I  mentioned  to  you  in  a  previous  letter. 
I  am,  &c, 
(Signed)  RUSSELL. 


[Inclosure  in  No.  50.J 

Statement  of  facts  with  regard  to  the  Tuscarora,  United  States  vessel  of  war,  and  the  Nashville, 
a  vessel  belonging  to  the  so-styled  Confederate  States. 

[See  Inclosure  in  No.  49.] 


[122]  *No51. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  3, 1862.    (Received  February  3.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  state,  for  the  information  of  Earl  Russell,  that  the  United  States  ship 
Tuscarora  left  Portland  this  morning  at  8.30,  and  stood  to  southeast. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 

P.  S. — 1.30  p.  m.— Captain  Patey  has  just  stated  that  he  has  received 
notice  from  Hurst  that  Tuscarora  was  passing  inward  at  12.25  p.  m.j  he 
has  been  told,  in  reply  by  telegraph,  that,  in  the  event  of  Tuscarora 
anchoring  anywhere  within  the  roads  or  river,  to  inform  her  captain  im- 
mediately that  the  Nashville  has  given  notice  to  sail  to-day,  and  that 
Tuscarora  is  not  to  sail  for  twenty-four  hours  after  Nashville. 

W.  G.  R. 

1  See  Regulations  and  Instructions  published  by  Her  Majesty's  government,  vol.  III. 


BRITISH    CASE    AND    PAPERS.  161 

No.  52. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  4, 1862.1?  (Keceived  February  4.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Kussell,  copies  of  two 
letters  from  Captain  Patey,  at  Southampton,  dated  the  1st  and  3d 
instant,  with  copies  of  their  several  inclosures,  relating  to  the  move- 
ments of  the  Tuscarora  and  Nashville. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 

[Inclosure  1  in  Xo.  52.J 
Captain  Patey  to  the  secretary  to  the  admiralty. 

Southampton,  February  1,  186*2. 

Sir  :  I  have  the  honor  to  inclose,  for  the  information  of  the  lords  commissioners  of 
the  admiralty,  copy  of  a  letter  received  by  me  from  Lieuteuant  R.  B.  Peagram,  com- 
manding Confederate  States  steamer  Nashville,  notifying  his  desire  to  put  to  sea  in 
that  vessel  on  Monday  next,  the  3d  instant,  at  3  p.  m. 

As  the  Tuscarora  weighed  from  Lymington  (to  which  place  she  had  shifted  her  berth 
from  Yarmouth  Roads)  at  3.45  this  afternoon,  and  proceeded  through  the  Needles,  and 
is  reported  by  Lieutenant  John  Ward,  R.  N.,  the  naval  agent,  who  has  arrived  from 
the  Brazils  in  charge  of  mails  on  board  the  Tyne,  as  having  been  passed  by  that 
packet  at  4.40  p.  m.  this  day,  six  miles  west  of  the  Needles,  steaming  to  the  westward, 
I  have  acquainted  the  lieutenant  commanding  the  Nashville  that  there  are  no  objec- 
tions to  his  proceeding  to  sea  in  the  vessel  under  command  on  the  date  and  hour  he 
has  named.    A  copy  of  my  notification  to  this  effect  I  beg  also  to  inclose. 

I  will  also  inform  the  captains  of  the  Shannon  and  Dauntless  of  the  arranged  depar- 
ture of  the  Nashville. 
I  have,  &c, 
(Signed)  CHAS.  G.  E.  PATEY. 


[123]  *[Inciosure  2  in  No.  52.] 

Lieutenant  Commander  Peagram,  C.  S.  N.,  to  Captain  Patey. 

Nashville,  Southampton,  February  1,  1862. 
Sir  :  In  conformity  with  the  regulations  established  by  Her  Majesty's  government 
for  the  guidance  of  belligerents  in  the  ports  of  Great  Britain  and  her  colonies,  I  have 
the  honor  to  inform  you  that  it  is  my  desire  to  leave  the  port  of  Southampton  on  Mon- 
day, 3d  instant,  at  3  o'clock  p.  m. 
I  am  &c, 
(Signed)  R.  B.  PEAGRAM. 


[Inclosure  3  in  Xo.  52.] 

Captain  Patey  to  Lieutenant  Commander  Peagram,  C.  S  X. 

Admiralty  Office,  Southampton,  February  1,  1862— 9  p.  m. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  this  day's  date, 
signifying  your  desire  to  leave  the  port  of  Southamptom  in  the  steamer  under  your 
command  on  Monday,  the  3d  instant,  at  3  o'clock  p.  m. 

As  the  Tuscarora  proceeded  to  sea  at  3.50  p.  m.  this  day,  there  are  no  objections  to 
your  putting  to  sea  on  the  date  and  at  the  hour  notified  in  your  letter  above  men- 
tioned. 

I  am,  &c, 

(Signed)  CHAS.  G.  E.  PATEY. 

H.  Ex.  282,  vol.  ii — *-ll 


162  TREATY    OF    WASHINGTON. 

[Inclosure  4  in  No.  52.] 
Captain  Patey  to  the  secretary  to  the  admiralty. 

Admiralty  Office,  Southampton,  February  3,  1862. 

Sir  :  I  have  the  honor  to  acquaint  you  that  on  receiving  their  lordships'  instructions 
in  cipher  at  2.45  p.  in.  this  day,  "  that  in  the  event  of  Tuscarora  anchoring  anywhere 
within  roads  or  rivers,  I  was  to  inform  captain  immediately  that  Nashville  having 
given  notice  to  sail  to-day,  Tuscarora  was  not  to  sail  for  twenty-four  hours  after  Nash- 
ville ;"  and  having  in  the  mean  time  received  a  telegram  from  the  captain  of  the  Shan- 
non that  Tuscarora  had  anchored  in  Cowes  Roads,  I  intimated  to  the  lieutenant  com- 
manding Nashville  that  he  may  put  to  sea ;  and  preceding  him  in  the  Sprightly  at 
3.50  p.  in.,  I  steamed  down  the  Southampton  water  with  the  pre-arrangement  that 
Nashville  should  follow  me  in  half  an  hour,  and  dropping  a  boat  en  route  with  my  let- 
ter, a  copy  of  which  will  be  found  inclosed,  addressed  to  the  captain  of  the  Dauntless, 
proceeded  on  to  the  Tuscarora  in  Cowes  Roads,  and  intimated  to  her  commander  the 
instructions  which  I  had  received  from  their  lordships.  At  the  same  time  I  delivered 
to  him  a  written  notice  to  the  same  effect,  a  copy  of  which  is  inclosed. 

The  Nashville  was  at  the  moment  passing  the  Tuscarora,  steaming  toward  the 
Needles.  • 

Commander  Craven  assured  me  that  he  would  keep  his  promise,  and  would  not  fail  to, 
strictly  observe  international  law.  1  thought  it  right  to  observe  to  him  that  it  would' 
also  be  expected  that  Tuscarora  should  proceed  to  sea  after  the  expiration  of  twenty- 
four  hours.  To  this  observation  he  made  no  definite  answer,  but  remarked  that  he 
intended  completing  coal,  which  I  have  every  reason  to  believe  was  arranged  previous 
to  his  departure,  thus  showing  his  intention  to  return  to  this  port. 

After  leaving  the  Tuscarora  I  communicated  with  the  captain  of  Shannon,  and  con- 
veyed to  him  their  lordships'  directions,  in  a  similar  letter  as  that  written  to  the  cap- 
tain of  Dauntless,  (copy  before  referred  to  as  inclosed,)  pointing  out  to  Captain  Wain- 
wright  the  necessity  of  keeping  a  strict  watch  on  the  movements  of  the  Tuscarora,  and 
not  to  allow  her  to  depart  until  5  p.  m.  of  to-morrow,  the  4th  instant,  5  p.  m.  being  the 

time  at  which  the  Nashville  may  be  said  to  have  left. 
[124  J       *  I  returned  to  Southampton  in  the  Sprightly  at  8.30  p.  m.,  and  ordered  that 
vessel  back  to  Portsmouth. 
I  am,  &c, 
(Signed)  CHAS.  G.  E.  PATEY. 


[Inclosure  5  in  No.  52. J 

Captain  Patey  to  Captain  Willcox. 

Admiralty  Office,  Southampton,  February  3,  1862 — 3  p.  m. 
Sir  :  In  accordance  with  instructions  received  by  me  in  cipher  from  the  lords  com- 
missioners  of  the  admiralty,  I  have  to  acquaint  you  that  in  the  event  of  the  Tuscarora 
anchoring  anywhere  within  roads  or  rivers,  that  Nashville,  having  given  notice  to  sail 
to-day,  the  Tuscarora  is  not  to  sail  for  twenty-four  hours  afterward. 
I  am,  &c, 
(Signed)  CHAS.  G.  E.  PATEY. 


fIuclo3nro  6  in  No.  52.  J 

Captain  Patey  to  Commander  Craven,  U.  S.  N. 

Admiralty  Office,  Southampton,  February  3,  1862—3.20  p.  m. 
Sir  :  As  you  have  returned  from  sea  and  anchored  in  Cowes  Roads  in  the  Tuscarora, 
and  as  the  Nashville  has  given  notice  to  sail  from  Southampton  to-day,  I  am  directed 
to  inform  you  that  you  are  not  to  sail  again  in  the  ship  under  your  command  until 
twenty-four  hours  after  the  departure  of  the  Nashville. 
I  am,  &c, 
(Signed)  CHAS.  G.  E.  PATEY. 


BRITISH    CASE    AND    PAPERS.  163 

Ko.  53. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  7,  1862.     (Eeceived  February  8.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Kussell,  copies  of  a 
letter  dated  the  6th  instant  from  Captain  Wainwright,  of  Her  Majesty's 
ship  Shannon,  and  of  a  letter  of  the  same  date  from  Captain  Patey, 
with  its  inclosures,  relative  to  the  Tuscarora  and  Nashville. 
I  am,  &c, 
(Signed)  W.  G.  KOMAINE. 


[Inclosure  1  in  No.  53.] 

Captain  Wainwright  to  vice-admiral  Sir  H.  Brace. 

Shannon,  February  6,  1862. 
Sir  :  I  beg  to  report  to  you  the  proceedings  of  Her  Majesty's  ship  under  my  command 
since  my  letter  of  28th  January,  1862. 

On  29th  January,  at  8.33  a.  m.,  the  United  States  war-steamer  Tuscarora  passed  my 
position  near  Calshot  Castle,  on  her  way  out.    The  following  day,  having  heard  that 
she  had  anchored  off  Yarmouth,  I  shifted  berth  at  once  outside  the  Brambles,  where  I 
could  see  both  the  Tuscarora  and  Dauntless.    On  the  1st  the  Tuscarora  sailed,  and  was 
seen  outside  the  Needles,  steering  to  the  westward.     On  the  2d  received  official  intelli- 
gence that  the  Nashville  was  to  sail  at  3  p.  m.  on  the  3d. 
On  the  3d  the  Tuscarora  again  made  her  appearance,  and  at  1.30  p.  m.  anchored 
off  Cowes.    I  sent  a  lieutenant  on  board,  to  inquire  if  he  had  put  back  in 
[125]  *consequence  of  any  accident,  and  if  so,  what  assistance  he  required.    I  desired 
the  officer  at  the  same  time  to  state  to  him  that  if  the  Nashville  came  out  while 
he  was  lying  there  he  could  not  be  permitted  to  quit  his  anchorage  for  twenty-four  hours 
afterward.    He  replied  that  he  had  been  on  a  cruise  twenty  miles  west  of  Portland, 
and  that  he  had  come  back  to  coal;  and  with  respect  to  the  last  part  of  the  message, 
that  he  was  aware  of  it. 

At  4  p.  m.  observed  the  Nashville  coming  down  Southampton  water.  Brought  fires 
forward  and  tripped  my  anchor  at  once,  remaining  under  way  until  the  Nashville  was 
out  of  sight  to  the  westward,  when  I  came  to  off  Cowes,  about  two  cables'  length  from 
the  Tuscarora.  On  the  4th  the  Tuscarora  received  coal.  On  the  6th,  at  8.15  a.  m.,  the 
Tuscarora  proceeded  under  steam  to  the  westward. 

At  9.15  a.  m.  weighed  under  sail,  and  at  noon  anchored  at  Spithead. 
I  have,  &c, 
(Signed)  J.  B.  WAINWRIGHT. 


[Inclosure  2  in  No.  53.] 

Captain  Patey  to  the  secretary  to  the  admiralty. 

Southampton,  February  6,  1862. 
Sir  :  Referring  to  my  telegraph  message  of  this  day,  stating  the  Isle  of  Wight  steam- 
packet  had  reported,  on  arrival  at  Southampton  at  10  a.  in.,  the  departure  of  the  United 
States  steamer  Tuscarora  from  Cowes  at  8.20  this  morning,  I  have  the  honor  to  forward, 
for  the  information  of  the  lords  commissioners  of  the  admiralty,  copies  of  two  letters 
which  I  have  received  from  the  commander  of  the  Tuscarora  during  that  vessel's  visits 
to  this  port,  the  first  being  in  answer  to  my  notification  of  the  28th  ultimo,  and  the 
second  to  that  of  mine  of  the  3d  instant,  copies  of  which  I  forwarded  to  their  lordships 
in  my  confidential  letter  of  28th  January  and  3d  February,  respectively,  to  which  com- 
munications from  Commander  Craven  I  did  not  consider  it  necessary  to  reply;  still  I 
think  it  my  duty  to  bring  the  letters  in  question  under  their  lordships'  notice. 

I  am,  &c, 

(Signed)  CHAS.  G.  E.  PATEY. 


164  TEE  AT  Y    OF    WASHINGTON. 

[Inclosure  3  in  No.  53.] 

Commander  Craven,  U.  S.  X.,  to  Captain  Patcy. 

Tuscarora,  January  29,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  28th  instant. 
Your  comments  on  "the  state  of  weather"  were  uncalled  for,  and  I  did  not  expect 
from  you  any  such  want  of  courtesy. 
I  am,  &c, 
(Signed)  J.  AUGS.  CRAVEN. 


[Inclosure  4  in  NTo.'53.] 

Commander  Craven,  U.  S.  N.,  to  Captain  Patcy. 

Tuscarora,  off  Coives,  February  4,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of  Febru- 
ary 3. 

In  connection  with  the  escape  of  the  pirate  Nashville,  I  cannot  forbear  from  observ- 
ing that  a  just  and  rigid  impartiality  does  not  appear  to  have  been  extended  toward 
me. 

I  have,  &c, 

(Signed)  J.  AUGS.  CRAVEN. 


[126]  *Xo.  54. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street, 
March  18,  1862.     (Received  March  18.) 
Sir  :  With  reference  to  your  letter  of  the  1st  of  January,  accompanied 
by  a  note  from  the  United  States  minister  respecting  a  statement  made 
toy  a  deserter  from  the  Nashville,  I  am  directed  by  the  Duke  of  New- 
castle to  transmit  to  you,  for  the  information  of  Earl  Eussell,  the  inclosed 
copies  of  a  dispatch  which  his  grace  addressed  to  the  governor  of  Ber- 
muda, and  of  the  answer  now  received  from  him  on  the  subject. 
I  am,  &c, 
(Signed)  FREDERIC  ROGERS. 


[Inclosure  1  in  INTo.  54.]' 
The  Duke  of  Newcastle  to  Governor  St.  George  Ord. 

Downing  Street,  January  8,  1862. 

Sir:  I  have  the  honor  to  transmit  to  yon  the  inclosed  copy  of  a  letter  from  the  for- 
eign office,  accompanied  by  a  note  from  the  United  States  minister  at  this  court,  trans- 
mitting a  deposition  by  a  man  who  had  deserted  from  the  Nashville  to  the  effect  that 
he  heard  the  captain  assure  you  that  she  was  not  "  a  navy- vessel,"  but  was  strictly  a 
merchant- vessel. 

The  man's  own  deposition  states  that  the  ship  arrived  in  Bermuda  with  the  Confede- 
rate States  flag  flying  at  the  peak  and  a  pennant  at  the  main  ;  and  the  whole  tenor  of 
your  dispatch  of  the  2d  November,  which  began  by  reporting  "  the  arrival  of  the  Con- 
federate States  paddle-wheel  steamer  Nashville,  commanded  by  Lieutenant  Peagram," 
appears  to  preclude  the  idea  of  your  having  been  subjected  to  the  deception  which  is 
alleged  in  the  inclosed  deposition.  But  in  order  to  set  at  rest  any  doubt  on  the  subject,. 
I  have  the  honor  to  request  that  you  will  report  whether  or  not  there  is  any  founda- 
tion for  the  statement. 
I  have,  &c, 
(Signed)  NEWCASTLE. 


BRITISH    CASE.  AND    PAPERS.  165 

[Inclosure  2  in  No.  54.] 
Governor  St.  George  Ord  to  the  Duke  of  Newcastle. 

Bermuda,  February  14,  1862. 

My  Lord  Duke  :  I  have  had  the  honor  to  leceive  your  grace's  dispatch  of  the  8th 
January,  1862,  transmitting  the  copy  of  a  letter  from  the  foreign  office,  accompanied 
by  a  note  from  the  United  States  minister  to  the  court  at  London,  inclosing  a  deposi- 
tion by  a  man  who  had  deserted  from  the  Nashville  to  the  effect  that  he  had  heard  the 
captain  of  the  Nashville,  when  at  Bermuda,  assure  me  that  she  was  not  a  '*  navy-vessel," 
but  was  strictly  a  u  merchant- vessel."  Your  grace  further  states  that  this  man's  depo 
sitions,  and  the  whole  tenor  of  my  dispatch  of  the  2d  November,  1861,  appear  to  pre- 
clude the  idea  of  my  having  been  subjected  to  the  deception  which  is  alleged,  but  in 
order  to  set  at  rest  any  doubt  on  the  subject,  your  grace  requests  that  I  will  report 
whether  there  is  any  founddation  for  this  statement. 

I  am  glad  to  be  able  to  assure  your  grace,  in  reply  to  your  inquiry,  that  the  state- 
ment in  question  is  in  every  respect  untrue.  I  was  never  on  board  the  Nashville,  and 
the  only  persons  belonging  to  her  with  whom  I  had  any  communication  were  Lieuten- 
ant Peagram  and  Lieutenant  Colonel  Peyton,  who  paid  me  a  visit  at  government  house, 
the  whole  circumstances  of  which  were  detailed  in  my  dispatch  of  the  2d  November, 
1861.  No  other  person  was  present  at  ^his  interview,  and  no  such  remark  as  that 
alleged  was  made  to  me  by  either  of  these  gentlemen,  nor,  indeed,  by  any  other  perons 
at  any  time  whatever. 

As,  however,  I  am  aware  that  Captain  Hutton,  R.  N.,  the  superintendent  of  the 
dock-yard,  went  on  board  the  Nashville,  it  has  occurred  to  me  that  the  deserter  Wil- 
liams may  possible  have  mistaken  this  officer  for  the  governor,  and  that  some 
[127]  Conversation  which  passed  between  Captain  Hutton  and  the  officers  of  the 
Nashville  may  have  been  distorted  into  the  statement  which  Williams  has  made. 

Having  referred  to  Captain  Hutton,  he  informs  me  that  he  went  on  board  the  Nash- 
ville to  return  the  visit  of  Lieutenant  Peagram,  but  disclaims  any  conversation  such 
as  that  related  by  the  deserter,  and  adds  that  he  was  particularly  cautious  that  noth- 
ing but  commonplace  civilities  should  pass  between  himself  and  Lieutenant  Peagram. 
I  have,  &c, 
(Signed)  H.  ST.  GEORGE   ORD. 


No.  55. 

The  secretary  to  the  admiralty  to  Mr,  Hammond. 

Admiralty,  March  19,  1862.    (Eeceived  March  20.) 
{Sir.  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
send  you  herewith,  for  the  information  of  Her  Majesty's  secretary  of 
state  for  foreign  aifairs,  an  extract  from  a  letter  of  Vice- Admiral  Sir 
Alexander  Milne,  dated  the  25th  February,  reporting  the  arrival  of  the 
Nashville  confederate  steamer  at  Bermuda,  on  the  20th  February,  and 
her  subsequent  departure  on  the  24th  February. 
I  am,  &c, 
(Signed)  C.  PAGET. 


[Inclosure  in  No.  55.] 
Admiral  Sir  Alexander  Milne  to  the  secretary  to  the  admiralty. 

[Extract.] 

Nile,  at  Bermuda,  February  25,  1362. 
The  confederate  steamer  Nashville  arrived  here  on  the  20th  February,  and  sailed 
again  on  the  24th,  the  decision  of  Her  Majesty's  government,  referred  to  in  your  letter 
of  the  18th  ultimo,  having  been  communicated  to  her  commander  by  the  governor  of 
this  colony,  and  as  when  she  sailed  there  were  several  vessels  in  sight,  some  of  which 
might  have  been  United  States,  I  thought  it  advisable  to  send  the  Spiteful  outside  to 
insure  due  respect  being  paid  to  our  territorial  limits. 


166  TREATY    OF  .WASHINGTON. 

No.  56. 
Earl  "Russell  to  Mr.  Adams. 

Foreign  Office,  March  24, 1862. 
Sir  :  In  my  note  of  the  1st  of  January,  in  which  I  acknowledged  the 
receipt  of  your  note  of  the  28th  of  December,  inclosing  the  deposition 
of  Frederic  Williams,  one  of  the  crew  of  the  Nashville,  I  had  the  honor 
to  inform  you  that  I  should  communicate  with  the  secretary  of  state 
for  the  colonies  with  the  view  of  obtaining  from  the  governor  of  Ber- 
muda a  correct  account  of  the  representation  as  to  the  character  of  that 
vessel  made  to  him  by  her  commander. 

The  statement  of  Frederic  Williams,  it  should  be  remembered,  was 
that,  on  the  arrival  of  the  Nashville  at  Bermuda,  the  governor  had  gone 
on  board,  and  th#t  Captain  Peagram  had  then  informed  him  that  the 
Nashville  was  not  a  navy- vessel,  but  was  strictly  a  merchant- vessel. 

I  have  now  the  honor  to  inform  you  that  the  governor  of  Bermuda 
has  assured  Her  Majesty's  government  that  that  statement  is  in  every 
respect  untrue,  that  he  never  was  on  board  the  Nashville,  and  that  the 
only  persons  belonging  to  that  vessel  with  whom  he  had  any  communi- 
cation were  Captain  Peagram  and  Colonel  Peyton,  who  called  upon  him 
at  government  house.  That  on  the  occasion  of  that  interview  no  other 
person  was  present,  and  that  no  such  remark  was  made  to  him  by  either 
of  those  gentlemen,  nor,  indeed,  by  any  other  person  at  any  other  time 

whatever. 
[128]       *  The  governor  has  further  stated  that  being  aware  that  Cap- 
tain Hutton,  B.  N.,  the  superintendent  of  the  dock-yard,  had  been 
onboard  the  Nashville,  and  thinking  it  possible  that  Frederic  Williams 
might  have  mistaken  that  officer  for  the  governor,  and  that  some  con- 
versation which  bad  passed  between  Captain  Hutton  and  the  officers  of 
the  Nashville  had  given  rise  to  the  statement  Williams  had  made, 
the  governor  had  referred  to  Captain  Hutton,  and  had  ascertained  from 
him  that  he  had  been  on  board  the  Nashville  in  order  to  return  Captain 
Peagram's  visit,  but  that  Captain  Hutton  had  disclaimed  any  conversa- 
tion such  as  that  related  by  Williams,  and  had  added  that  he  was  par- 
ticularly cautious  that  nothing  but  commonplace  civilities  should  pass 
between  himself  and  the  commander  of  the  Nashville. 
I  am,  &c, 
(Signed)  RUSSELL. 


,      No.  57. 

Mr.  Mliot  to  Mr.  Hammond. 

Downing  Street, 
March  31,  1862.  (Received  April  2.) 
Sir  :  I  am  directed  by  the  Duke  of  Newcastle  to  transmit  to  you,  for 
the  information  of  Earl  Russell,  a  copy  of  a  dispatch  from  the  governor 
of  Bermuda,  reporting  the  arrival  and  departure  of  the  confederate 
steamer  Nashville,  together  with  copies  of  letters  which  he  had  addressed 
on  that  occasion  to  Yice-Admiral  Sir  A.  Milne,  and  to  the  commander 
of  the  Nashville,  Lieutenant  Peagram,  and  copy  of  Lieutenant  Pea- 
gram's  reply. 

I  am,  &c, 

(Signed)  T.  FREDK.  ELLIOT. 


BRITISH    CASE    AND     PAPERS.  167 

[In closure  1  in  No.  57.] 
Governor  Ord  to  the  Duke  of  Newcastle. 

Bermuda,  February  22,1862. 

My  Lord  Duke  :  I  have  the  honor  to  report  to  your  grace  that  the  Confederate 
States  war-steamer  Nashville  arrived  in  the  port  of  St.  George's  on  the  20th  instant, 
and  that  I  received  a  visit  from  Lieutenant  Peagram,  her  commander,  on  the  following 
morning  at  the  government  house,  St.  George's. 

Previously  to  the  visit  of  Lieutenant  Peagram,  I  had  forwarded  to  him  a  letter  noti- 
fying the  decision  of  Her  Majesty's  government,  as  contained  in  your  grace's  circular 
dispatch,  16th  January,  1862 ;  and  I  also  transmitted  at  the  same  time  to  the  vice- 
admiral,  commanding-in-chief,  a  copy  of  the  same  circular  dispatch  with  a  covering 
letter,  copy  of  which  I  also  inclose. 

The  Nashville  is  engaged  in  taking  in  coals  from  the  British  ship  Mohawk. 

I  have  kept  my  dispatch  open  until  the  last  moment,  and  I  have  now  (24th  instant) 
to  report  that  Lieutenant  Peagram  sent  me  a  reply  to  my  communication  of  the  21st 
instant,  a  copy  of  which  I  inclose,  and  that  the  Nashville  left  these  islands  this  day , 
accompanied 'by  Her  Majesty's  ship  Spiteful,  which  the  vice-admiral  commanding 
directed  to  proceed  outside  and  prevent  all  interference  by  the  Nashville  with  the 
vessels  of  whatever  nation,  within  three  nautical  miles  of  the  reefs  and  shores  of 
Bermuda. 

I  am,  &c, 

(Signed)  H.  ST.  GEORGE  ORD. 


i-Inclosure  2  in  No.  57  j. 
Governor  Ord  to  Lieutenant  Peagram,  C.  S.  X. 

Government  House,  St.  George's,  February  21,  1862. 
Sir  :  You  are  no  doubt  aware  of  the  determination  of  Her  Britannic  Majesty's  gov- 
ernment to  maintain  the  strictest  neutrality  in  the  hostilities  which  are  now  being 
carried  on  between  the  United  and  Confederate    States  of  North  America. 
[129]  *In  order  to  cause  that  neutrality  to  be  effectually  respected  throughout  the 
Queen's  dominions,  Her  Majesty  has  directed  (in  accordance  with  a  long-estab- 
lished European  practice,)  that  no  ship  of  war,  privateer,  or  other  armed  vessel  belong- 
ing to  either  of  the  belligerents  which  shall  anchor  in  any  British  port,  shall  be  allowed 
to  quit  her  anchorage  within  twenty-four  hours  after  any  vessel  belonging  to  the 
adverse  belligerent,  whether  armed  or  unarmed,  shall  have  left  the  same  port. 

In  order  to  give  effect  to  Her  Majesty's  orders,  I  am  instructed  to  notify  to  you  this 
rule,  and  to  inform  you  that  in  case  you  should  infringe  it,  your  government  will  be 
held  responsible  by  that  of  Great  Britain  for  violating  the  neutrality  of  British  waters. 

T   llfLVA      4&C 

(Signed)  II.  ST.  GEORGE  ORD. 


[In closure  3  in  No.  57.] 
Governor  Ord  to  vice-admiral  Sir  A.  Milne. 

Government  House,  St.  George's,  February  21,  1862. 
Sir  :  I  have  the  honor  to  forward  to  you  the  copy  of  a  dispatch  I  have  received  from 
his  grace  the  secretary  of  state  for  the  colonies,  respecting  the  arrangements  to  be 
observed  in  the  event  of  the  arrival  in  a  British  port  of  any  ship  of  war,  privateer,  or 
other  armed  vessel  of  either  the  United  or  Confederate  States. 

In  pursuance  of  these  instructions  I  have  communicated  the  decision  of  Her  Ma- 
jesty's government  to  Lieutenant  Peagram,  commanding  the  Confederate  States  war- 
steamer  Nashville,  which  arrived  in  this  port  yesterday,  and  have  notified  to  the  assist- 
ant receiver-general  that  during  her  stay  clearances  are  not  to  be  granted  to  vessels 
of  the  United  States  without  previous  reference  to  me,  that  I  maybe  enabled  to  notify 
to  the  commander  of  the  Nashville  that  his  departure  cannot  be  permitted  until 
twenty-four  hours  after  the  departure  of  the  other  vessel. 
I  have,  &c, 
(Signed)  H.  ST.  GEORGE  ORD. 


168  TREATY    OF    WASHINGTON. 

[Inolosure  4  in  No.  57.] 

Lieutenant  Peagram,  C.  S.  JV.,  to  Governor  Orel. 

Nashville,  St.  George's,  Bermuda,  February  21,  1862. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of  this 
date,  informing  me  of  the  determination  of  Her  Britannic  Majesty's  fgovernment  to 
maintain  a  strict  neutrality  in  the  hostilities  now  existing  between  the  United  and 
Confederate  States  of  America. 

In  response,  let  me  assure  you  that  I  shall  most  carefully  conform  to  all  the  regula- 
tions of  Her  Majesty's  government  while  enjoying  the  hospitalities  of  her  ports. 
I  have,  &c, 
(Signed)  R.  B.  PEAGRAM. 


[131] 


BERMUDA 


[li 


TABLE  OF  CONTENTS! 


u 

g  fl 

'S  a 

1 

From  whom  and  to  whom. 

Date. 

Subject. 

£•2 

a  o 

0 

Page. 

Page. 

1 

Mr.  Adams. to  Earl  Russell... 

Aug.  15, 1661 

Applying  for  detention  of  the  Ber- 
muda, "fitting  out  at  "West  Hartle- 
pool   ostensibly   for  Havana,  hut 
really  to  carry  on  war  against  the 
United  States. 

133 

173 

o 

Foreign  office  to  treasury 

Aug.  15, 1861 

Inclosing  Mr.  Adams's  note.    For  im- 
mediate inquiries  and  such  stops  as 
may  he  warranted. 

133 

173 

3 

Earl  Russell  to  Mr.  Adams... 

Aug.  15, 1861 

Have  lost  no  time  in  forwarding  his 
note  to  the  proper  department. 

134 

174 

4 

Collector  of  customs  at  Har- 
tlepool to  the  commissioners 
of  customs. 

Aug.  16. 1861 

Report  on  the  Bermuda.    Part  of  her 
cargo  consists  of  munitions  of  war. 
But  nothing  else  to  indicate  unlaw- 
ful intentions. 

134 

174 

K 

Aug.  17, 1861 

138 

178 

justify  the  seizure  of  the  vessel. 

6 

Earl  Russell  to  Mr.  Adams... 

Aug.  22, 1861 

Communicating  the  substance  of  the 
above  opinion. 

138 

178 

7 

Extract  from  official  log-hook 

139 

179 

of  the  Bermuda. 

U33]  ^BERMUDA. 


No.  1. 

Mr.  Adams  to  Earl  Russell. 

Legation" of  the  United  States, 
London,  August  15,  {1861.     (Received  August  15.) 

My  Lord  :  From  information  furnished  from  sources  which  appear  to 
me  entitled  to  credit,  I  feel  it  my  duty  to  apprise  Her  Maj-  Bermuda.-^. e- 
esty's  government  that  a  violation  of  the  act  prohibiting  the  Bp°nde^e- 
fitting  out  of  vessels  for  warlike  purposes  is  on  the  point  of  being  com- 
mitted in  one  of  the  ports  of  Great  Britain,  whereby  an  armed  steamer 
is  believed  to  be  about  to  be  dispatched  with  the  view  of  making  war 
against  the  people  of  the  United  States. 

It  is  stated  to  me  that  anew  screw-steamer,  called  the  Bermuda,  osten- 
sibly owned  by  the  commercial  house  of  Fraser,  Trenholm  &  Levy,  of 
Liverpool,  well  known  to  consist  in  part  o£  Americans  in  sympathy  with 
the  insurgents  of  the  United  States,  is  now  lying  at  W.est  Hartlepool, 
ready  for  sea.  She  is  stated  to  carry  English  colors,  but  to  be  com- 
manded by  a  Frenchman.  She  is  two-masted,  brig-rigged,  lower  part 
of  funnel  black  and  upper  part  red  ;  black  hull,  with  a  narrow  red  stripe 
round  the  molding  level  with  the  deck ;  no  poop ;  wheel-house  painted 
white;  six  white  boats,  slung  in  iron  davits.  She  has  neither  figure- 
head nor  bowsprit.    Her  bottom  is  painted  pink  up  to  the  water-line. 

This  steamer  is  armed  with  four  guns,  and  she  has  been  for  some  time 
taking  in  crates,  cases,  and  barrels,  believed  to  contain  arms  and  ammu- 
nition of  all  kinds  ordinarily  used  in  carrying  on  war. 

This  cargo  is  nominally  entered  as  destined  to  Havana,  in  the  island 
of  Cuba ;  but  her  armament  and  cargo  are  of  such  a  nature  as  to  render 
it  morally  certain  that  the  merchants  who  claim  to  be  the  owners  can 
have  iio  intention  of.  dispatching  her  on  any  errand  of  mercy  or  peace. 

I  am  informed  that  this  vessel  will  sail  in  a  day  or  two.  I  therefore 
feel  under  the  highest  obligation  to  submit  the  information  I  have  ob- 
tained, as  the  ground  for  an  application  for  a  prompt  and  effective  inves- 
tigation of  the  truth  of  the  allegations  while  there  is  time.  Not  doubt- 
ing the  earnest  disposition  of  Her  Majesty's  government  faithfully  to 
adhere  to  the  principles  of  neutrality  to  which  it  has  pledged  itself,  I 
ask,  on  the  part  of  the  United  States,  for  no  more  than  a  simple  enforce- 
ment of  the  law,  in  case  it  shall  appear  that  evil-minded  persons  are 
seeking  to  set  it  at  naught. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


No.  2. 

Mr.  Hammond  to  Mr.  Ramilton. 

[Immediate.] 

Foreign  Office,  August  15, 1861. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  herewith  a 


174  TREATY    OF    WASHINGTON. 

copy  of  a  letter  from  the  United  States  minister  at  this  court,1  calling 
the  attention  of  Her  Majesty's  government  to  a  steam-vessel  fitting  out 
at  Hartlepool  for  the  purpose,  it  is  supposed,  of  making  war  against  the 
people  of  the  United  States  ;  and  I  am  to  request  that  you  will  move 
the  lords  commissioners  of  the  treasury  to  cause  immediate  inquiries  to 
be  made  respecting  this  vessel,  and  to  take  such  steps  in  the  matter  as 
may  be  warranted  by  law. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[134]  *No.  3. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  August  15, 1861. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
this  day,  calling  the  attention  of  Her  Majesty's  government  to  a  steam- 
vessel  now  fitting  out  at  Hartlepool,  which  you  state  it  is  believed  is 
about  to  be  dispatched  with  a  view  of  making  war  against  the  people  of 
the  United  States,  and  I  have  to  acquaint  you  that  I  have  lost  no  time- 
in  communicating  with  the  prober  department  of  Her  Majesty's  govern- 
ment on  this  subject. 
I  am,  &c, 
(Signed)  EUSSELL. 


No.  4. 
Mr.  Mackenzie  to  the  commissioners  of  customs. 
West  Hartlepool  Custom-House,  August  16,  1861. 
Honorable  Sirs  :  With  reference  to  the  telegrams  received  by  me 
last  night  and  to-day  from  the  deputy  chairman,  and  my  reply  to  the 
first  of  these  by  telegraph  this  morning,  respecting  the  steamer  Ber- 
muda, I  forward  herewith  a  copy  of  the  master's  agreement  with  the 
crew,  with  their  names,  &c. ;  also,  a  report  from  the  surveyor  showing 
the  nature  of  the  vessel's  cargo. 

Finding,  from  a  communication  which  I  had  seen  from  the  American 
consul  at  Leeds  to  his  broker  here,  that  the  steamer  in  question  was 
suspected  to  be  fitting  out  at  this  port  for  the  purpose  of  being  used  as 
a  privateer  for  the  Confederate  States,  I  have  been  keeping  an  eye  on 
her,  but  I  see  nothing  to  indicate  such  to  be  her  object,  either  as  regards 
her  external  equipments  or  the  character  of  her  crew,  or  anything  in 
her  case  more  than  usual  to  give  ground  for  remark,  unless  it  be  the  cir- 
cumstance that  a  large  portion  of  her  cargo  consists  of  arms  and  ammu- 
nition ;  and  it  is  possible  that,  although  the  destination  of  the  vessel 
ostensibly  is  Havana,  it  may  be  the  design  eventually  to  run  some,  if 
not  the  whole,  of  the  goods  on  board  into  the  States  referred  to. 

The  Bermuda  is  expected  to  clear  to-morrow,  but  it  is  not  likely  that 
she  will  sail  before  Monday,  if  even  then. 
I  am,  &c, 
(Signed)  J.  MACKENZIE. 

P.  S. — Since  writing  the  above  a  person  has  been  added  to  the  ship's 

lNo.  1. 


BRITISH    CASE    AND    PAPERS. 


175 


articles  as  supercargo,  and  who  states  thereon  that  he  is  a  native  of 
South  Carolina.  This  would  increase  the  suspicion  as  to  the  ultimate 
destination  of  what  she  has  on  board. 

J.  M. 


[Inclosure  1  in  No.  4.J 
Mr.  Hackett  to  Mr.  Mackenzie. 

Surveyor's  Office,  August  16, 1861. 

Sir  :  I  beg  to  report  that  the  Bermuda,  British  steamship,  Tessier  master,  for  Havana, 
is  taking  in  a  general  cargo,  consisting  of  woolen  manufactures,  viz,  blankets,  serge 
shirts,  drawers,  stockings,  cloth,  monkey-jackets,  caps,  &c;  cotton  manufactures,  viz, 
shirtings,  plain  and  printed  calicoes,  &c. ;  linen,  viz,  canvas ;  boots  and  shoes ;  earthen- 
ware, hardware,  machinery ;  tea  from  bond ;  accouterments,  viz,  knapsacks,  muskets, 
musket-bullets,  swords,  pistols,  16  tons  of  gunpowder,  made  up  into  cartridges ;  per- 
cussion-caps, &c.  The  fittings  of  this  vessel  are  of  the  usual  nature,  and  present  no 
appearance  to  indicate  she  is  intended  for  anything  but  an  ordinary  trader. 

The  vessel  is  new,  of  iron,  and  but  recently  launched  from  Stockton.  It  is  expected 
that  she  will  be  loaded  to-morrow,  and  will  sail  on  Monday. 

Respectful!?  submitted. 

(Signed)  F.  J  HACKETT,  Surveyor. 


[lo5]  *  [Inclosure  2  in  No.4.] 

Form  No.  19. — Kovember,  1864, 

REGISTER. 

Official  number  of  ship  42608.    Name  of  ship,  Bermuda. 


Port 
number. 

Port  of 
registry. 

British  or 
foreign 
built. 

"Whether  a 

sailing  or 

steamship;  if 

steam,  how 

propelled. 

Where  built. 

.0 

a 

a> 

Number,  date,  and 
port  of  previous 
registry,  (if  any.) 

166.    1861.. 

Liverpool . 

British 

Steam-screw. 

Stockton-on-Tees . . 

1861. 

Number  of  decks Two. 

Number  of  masts Two. 

Rigged Brig. 

Stern Elliptic. 


Build Clincher. 

Gallery , None. 

Head  \ None. 

Frame-work Iron. 


TONNAGE. 

No.  of  tons. 

Tonnage  under  tonnage-deck 897.  86 

Closed-in  spaces  above  the  tonnage-deck,  if  any,  viz  : 

Space  or  spaces  between  decks .' 

Poop 


Round-house : 

Other  inclosed  spaces,  if  any,  naming  them 


897.86 
Deduct  allowance  for  propelling  power 180. 87 

Register  tonnage 716.  99 


MEASUREMENTS. 

,  Feet.  Tenths. 
Length  from  the  fore  part  of  the  stem,  under  the  bowsprit,   to  the  aft 

side  of  the  head  of  the  stern-post 216              2 

Main  breadth  to  outside  of  plank 29             0 

Depth  in  hold  from  tonnage-deck  to  ceiling  at  midships 20             4 


176 


TREATY    OF   WASHINGTON. 


ADDITIONAL  PARTICULARS  FOR  STEAMERS. 

Tons. 

Deduction  for  space  required  for  propelling-power 180. 87 

Length  of  engine-room  (if  measured) 31  feet  4  tenths. 

Number  of  engines 2 

Combined  power  (estimated  horse-power) 135 

Names,  residence,  and  description  of  the  owners,  and  number  of  sixty-fourth  shares 
held  by  each  owner : 
Edwin  Haigh,  of  Liverpool,  in  the  county  of  Lancaster,  merchant 64 

Subsequent  indorsement 

Vessel  seized  and  condemned  in  1862  by  the  United  States  authorities.  Certificate 
of  registry  supposed  to  have  been  taken  with  the  vessel,  as  per  letter  from  the  owner, 
dated  29th  November,  1870.    Registry  closed  2d  December,  1870. 

Custom-House,  Liverpool,  November  2, 1871. 
I  hereby  certify  the  above  to  be  a  true  copy  of  the  register  of  the  steamship  Ber- 
muda, as  appears  in  the  book  of  registry  of  British  vessels  kept  at  this  port. 
Registry  dated  2d  August,  1861. 

(Signed)  J.  B.  EDWARDS, 

Assistant  Registrar,  Port  of  Liverpool. 


[136] 


*  Form  No.  20. 
Transactions  subsequent  to  registry. 


•  Official  number  of  ship. 

Port. 

Name  of  ship. 

Number  and  date  of  registry. 

42  606 

166;  1861. 

3§ 


Letter 

denoting 

mortgages 

and 
certificate 

of 
mortgage. 


Name  of  person 

from  whom  title 

is  derived. 


Number 

of 
shares 
affected. 


Date  of 

registry. 


Nature  and  date 
of  transaction. 


Name,  residence,  and 

occupation  of 

transferee,  mortgagee, 

or  other  person 

acquiring  title  or 

power. 


Edwin  Haigh 


5th  Aug., 
1861,     10 


Certificate  of 
sale,  dated  3d 
August,  1861. 


Allan  Stuart  Hanckel, 
and  George  Alfred 
Trenholm,  both  of 
Charleston,  State  of 
South  Carolina, 
either  jointly  or  sev- 
erally, merchants. 


Number  and 
account  of 
subsequent 

transactions 

showing  how 
interest 

disposed  of. 


Number  of 

transaction 

under  which 

title 

acquired. 


Names  ©f 
owners. 


Mortgages 

and 
certificates 

of 
mortgage. 


Name  of 

mortgagees  and 

attorneys  under 

certificates  of 

mortgage. 


Remarks. 


Empowering  Allan  Stuart  Hanckel  and  George  Alfred  Trenholm,  either  jointly  or  severally,  to  sell 
the  vessel,  at  any  place  out  of  the  United  Kingdom,  for  any  sum  he  or  they  may  deem  sufficient, 
within  twelve  months  from  the  date  of  the  certificate. 


BRITISH    CASE    AND    PAPERS. 


177 


Custom-House,  Liverpool,  November  2,  1871. 
I  hereby  certify  the  foregoing  to  be  a  true  copy  of  the  transaction  relative  to  a  certifi- 
cate of  sale  for  the  steamship  Bermuda,  as  appears  in  the  book  of  registry  of  British 
vessels  kept  at  this  port. 

(Signed)  J.  B.  EDWARDS, 

Assistant  Registrar,  Port  of  Liverpool. 


[  137 ]  *f Inclosure  3  in  No.  4.  J 

Agreement  for  foreign-going  ship. 
(A)— Sanctioned  by  the  board  of  trade  August,  1860,  in  pursuance  of  17  and  18  ^ict.,  cap.  104. 


Name  of 
ship. 

Official 
Number. 

Port  of 
registry. 

Port  No.  and 
date  of  reg- 
istry. 

Registered 
tonnage. 

Managing  owner.. 

Name. 

Address.    (State  No.  of 
house,  street,  and  town.) 

Bermuda . 

42,  608 

Liverpool . 

166;  1861. 

716.99 

Edwin  Haigh. 

Liverpool 

/                       Master. 

Date  and  place  of  first  signa- 
ture of  agreement,  inclnding 
name  of  shipping  office. 

Name. 

No.  of 

ceitificate. 

Address.    (State  No.  of  house,  street,  and 
town.) 

B.  L.  Tessier.. 

12, 175 

Wanstead  Villa,  Church  Road,  Stanly,  Liv- 
erpool. 

15th  August,  1861,  West  Har- 
tlepool. 

The  several  persons  whose  names  are  hereto  subscribed,  and  whose  descriptions  are 
contained  below,  and  of  whom  are  engaged  as  sailors,  hereby  agree  to  serve  on  board 

the  said  ship,  in  the  several  capacities  expressed  against  their  respective  names,  on  a 
voyage  from  West  Hartlepool  to  Havana  a0nd  any  other  ports  in  the  West  Indies, 
and  any  other  port  or  ports  where  freight  may  offer,  and  back  to  a  port  or  ports  of 
discharge  in  the  United  Kingdom  or  continent ;  with  leave  to  call  at  any  port  or  ports 
during  the  voyage  for  orders. 

And  the  said  crew  promise  to  conduct  themselves  in  an  orderly,  faithful,  honest,  and 
sober  manner,  and  to  be  at  all  times  diligent  in  their  respective  duties,  and  to  be 
obedient  to  the  lawful  commands  of  the  said  master,  or  of  any  person  who  shall  law- 
fully succeed  him.  and  of  their  superior  officers,  in  everything  relating  to  the  said  ship 
and  the  stores  and.  cargo  thereof,  whether  on  board,  in  boats,  or  on  shore;  in  consid- 
eration of  which  services  to  be  duly  performed,  the  said  master  hereby  agrees  to  pay 
to  the  said  crew,  as  wages,  the  sums  against  their  names  respectively  expressed,  and 
to  supply  them  with  provisions  according  to  the  annexed  scale.  And  it  is  hereby 
agreed  that  any  embezzlement  or  willful  or  negligent  destruction  of  any  part  of  the 
ship's  cargo  or  stores  shall  be  made  good  to  the  owner  out  of  the  wages  of  the  person 
guilty  of  the  same.  And  if  any  person  enters  himself  as  qualified  for  a  duty  which  he 
proves  incompetent  to  perform,  his  wages  shall  be  reduced  in  proportion  to  his  incom- 
petency. And  it  is  also  agreed  that  the  engine-room  men  assist  the  crew  to  get  in  the 
anchor,  and  in  all  cases  of  emergency,  when  required,  are  adopted  by  the  parties  here- 
to, and  shall  be  considered  as  embodied  in  this  agreement.  And  it  is  also  agreed  that 
if  any  member  of  the  crew  considers  himself  to  be  aggrieved  by  any  breach  of  the 
agreement  or  otherwise,  he  shall  represent  the  same  to  the  master  or  officer  in  charge 
of  the  ship  in  a  quiet  and  orderly  manner,  who  shall  thereupon  take  such  steps  as  the 
case  may  require.    And  it  is  also  agreed  that  the  voyage  is  not  to  exceed  six  months. 

In  witness  whereof  the  said  parties  have  subscribed  their  names  hereto  on  the  days 
against  their  respective  signatures  mentioned. 

Dated  the  15th  day  of  August,  1861. 

(Signed)  EUGENE  L.  TESSIER,  Master. 


H.  Ex.  282.  vol. 


-12 


178  TREATY    OF    WASHINGTON. 

[138]  *No.  5. 

Opinion  of  the  attorney-general  on  the  case  of  the  Bermuda,  supposed  to  be 
intended  for  privateering  against  the  Federal  States  of  America. 

Touching  the  steamer  Bermuda,  there  is  not  before  me  sufficient  evi- 
dence1 to  warrant  any  interference  with  the  clearance  or  sailing  of  the 
vessel. 

The  United  States  minister  appeals  to  the  seventh  section  of  the  foreign- 
enlistment  act  (59  Geo.  Ill,  cap.  69,)  but  that  section  applies  to  the 
"equipment"  of  a  vessel  for  the  purpose  of  being  "employed"  in  the 
service  of  a  foreign  state  as  a  transport  or  cruiser,  and  has  no  reference 
to  the  mere  nature  of  the  cargo  on  board. 

There  is  at  present  no  proved  intention  that  the  vessel  itself  shall  be 
employed  for  a  warlike  purpose. 

The  persons  engaged  in  the  venture  must  take  the  consequences,, 
which,  according  to  the  law  of  nations,  may  happen  to  ensue  during 
transit,  owing  to  a  portion  of  the  cargo  loaded  by  them  being  contra- 
band of  war. 

(Signed)  W.  ATHERTOK 

Temple,  August  17,  1861. 


No.  6. 
Earl  Eussell  to  Mr.  Adams. 

Foreign  Office,  August  22, 1861. 
Sir  :  1  acquainted  you  in  my  letter  of  the  15th  instant  that  I  had  lost 
no  time* in  communicating  with  the  proper  department  of  Her  Majesty's 
government  respecting  the  steam-vessel  fitting  out  at  Hartlepool,  which 
you  believed  was  about  to  be  dispatched  with  a  view  of  making  war 
against  the  people  of  the  United  States. 

I  have  now  the  honor  to  state  to  you  that  the  result  of  the  inquiries 
into  this  case  having  been  submitted  to  the  proper  law-officer  of  the 
Crown,  Her  Majesty's  government  have  been  advised  that  there  is  not 
sufficient  evidence  to  warrant  any  interference  with*  the  clearance  or  the 
sailing  of  the  vessel. 

The  seventh  section  of  the  foreign-enlistment  act,  59  Geo.  Ill,  cap.  69, 
applies  to  the  equipment  of  a  vessel  for  the  purpose  of  being  employed 
in  the  service  of  a  foreign  state  as  a  transport  or  cruiser,  but  has  no  ref- 
erence to  the  mere  nature  of  the  cargo  on  board,  and  there  is  at  present 
no  proved  intention  that  the  vessel  itself  is  to  be  employed  for  a  war- 
like purposes. 

The  persons  engaged  in  the  venture  must  take  the  consequences  which, 
according  to  the  law  of  nations,  may  happen  to  ensue  during  transit, 
owing  to  a  portion  of  the  cargo  loaded  by  them  being  contraband  of  war. 
I  am,  &c, 
(Signed)  ■  EUSSELL. 


]N.  B. — The  papers  put  before  the  attorney-general  consisted  of— 

1.  Mr.  Adams's  complaint  to  the  foreign  office. 

2.  The  foreign-office  letter  thereupon  to  the  treasury. 

3.  Report  of  the  head  custom-house  officer  at  Hartlepool  on  the  Bermuda. 

4.  Report  of  the  surveyor  of  the  customs  at  the  same  port  on  the  cargo  shipping1,  or 
to  be  shipped,  on  board  the  said  vessel. 

f>.  Copy  of  the  master's  agreement  with  the  crew,  their  names,  &c. 

6.  Registry  of  the  ship.    Notice  of  a  certificate  of  sale  executed  by  her  owner. 


BRITISH    CASE    AND    PAPERS.  179" 

[139 1  *No.  7. 

Extract  from  the  official  log-book  of  the  Bermuda. 

[No.  10.    Bermuda,  42,608.— Liverpool,  A.  C.  M.  and  O.    For  either  foreign-going  or  home-trade  ship.] 


Name  of  ship. 

Official 
number. 

Port  of  registry. 

Registered 
tonnage. 

Name  of  master. 

No.  of  his  certifi- 
cate, (if  any.) 

42608 

Liverpool 

716.  99 

E.  L.  Tessier 

12175- 

Date  of  commencement  of  the  voyage. — 18th  clay  of  August,  1861. 

Nature  of  the  voyage  or  employment. — Bound  to  Havana  and  where- 
ever  business  may  offer.  Went  into  Savannah  short  of  coal,  supercargo 
sold  the  cargo  there,  and  ship  loaded  cotton  for  Havre,  whence  she  re- 
turned to  the  United  Kingdom  in  ballast. 

Delivered  to  the  shipping-master  of  the  port  of  Hartlepool,  the  0th  day 
January,  1862. 


[141] 


HECTOR. 


[142j 


TABLE  OF  CONTENTS. 


fa 

a 

From  whom  and  to  whom. 

Date. 

Subject. 

P  o 

OS 

1 

2 
3 
4 

Mr.  A  flams  to  Mr.  Hammond. 

Foreign  office  to  admiralty 

Admiralty  to  foreign  office 

Mr.  Hammond  to  Mr.  Adams. 

Nov.  17, 1862 

Nov.  18, 1862 
Nov.  18, 1862 
Nov.  19, 1862 

Steamship  Hector  launched  at  Glas- 
gow ;  said  by  some  to  be  for  Her 
Majesty's  government,  by  others 
for  the  Confederate  States.  Which 
is  the  truth  ? 

Is  the  Hector  being  built  for  Her 
Majesty's  government? 

Hector  is  for  Her  Majesty's  govern- 
ment. 

Page. 
143 

143 
143 
144 

Page. 

185 

185 
185 

186 

[143]  *H  E  C  T  0  R 


No.  1. 

Mr.  Adams  to  Mr.  Hammond. 

Legation  of  the  United  States, 
London,  November  17, 1862.     (Eeceived  November  18.) 

Sir  :  I  have  received  information  of  the  launching  from  the  yard  of 
Messrs.  Napier,  at  Glasgow,  of  a  steamer  apparently  designed  HECT0K.  _  Corre. 
for  a  war- vessel,  and  called  the  steam-ram  Hector.  It  is  sp<ndence- 
there  reported  that  this  vessel  has  been  built  for  the  use  of  the  British 
government.  On  the  other  hand,  I  learn  from  other  quarters  that  this 
is  not  true,  and  that  her  real  destination  is  the  service  of  the  insurgents 
in  the  United  States. 

I  mentioned  this  matter  in  a  late  conversation  with  Earl  Eussell,  and 
expressed  a  desire  to  know  whether  Her  Majesty's  government  really 
did  own  this  vessel.  His  lordship  was  kind  enough  to  remark  that  a 
line  of  inquiry  addressed  to  you  would  be  the  means  of  procuring  me 
the  information. 
I  have,  &c, 

/   (Signed)  OHAELES  FRANCIS  ADAMS. 


No.  2. 

Mr.  Layard  to  the  secretary  to  the  admiralty. 

Foreign  Office,  November  18,  1862. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  a  copy  of  a 
letter  from  Mr.  Adams,  &c,  respecting  a  vessel  called  the  steam-ram 
Hector,  recently  launched  from  the  yard  of  Messrs.  Napier,  of  Glasgow ; 
and  I  am  to  request  that  you  will  lay  Mr.  Adams's  letter  before  the  lords 
commissioners  of  the  admiralty,  and  move  their  lordships  to  cause  Lord 
Eussell  to  be  informed  whether  the  Hector  is  being  built  for  the  use  of 
Her  Majesty's  government. 

I  am,  &c, 

(Signed)  A.  H.  LAYAED. 


No.  3. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  November  18,  1862.     (Received  November  18.) 
Sir:  In  reply  to  your  letter  of  the  18th  instant,  I  am  commanded  by 
my  lords  commissioners  of  the  admiralty  to  state,  for  the  information  of 


186  TREATY    OF   WASHINGTON. 

Earl  Bussell,  that  a  vessel  called  the  Hector  has  recently  been  launched 
from  the  yard  of  Messrs.  Napier,  of  Glasgow,  for  this  department,  and 
that  she  is  expected  to  be  completed  by  February,  1863. 

I  am,  &c, 

(Signed)  W.  G.  KOMAINE. 


[144]  *No. 4. 

Mr.  Hammond  to  Mr.  Adams. 

Foreign  Office,  November  19, 1862. 
Sir  :  I  have  the  honor  to  acquaint  you  that,  by  Earl  KusselFs  direc- 
tion, I  referred  to  the  board  of  admiralty  your  letter  of  the  17th  instant, 
and  I  am  now  to  state  to  you  that  I  have  been  informed  by  that  depart- 
ment that  the  vessel  Hector,  recently  launched  from  the  yard  of  Messrs. 
Napier,  of  Glasgow,  has  been  constructed  for  the  service  of  Her  Maj- 
esty's government. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


1 145| 


*n 


GEORGIANA 


[H6] 


TABLE  OF  CONTENTS. 


« 

i 

From  whom  and  to  whom. 

Date. 

Subject. 

a, ■  •£ 

§2 

Page. 

Page. 

i 

Mr.  Adams  to  Earl  Eussell. .. 

Jan.  16,1863 

Information  respecting  vessel  build- 
ing at  Liverpool,  and  supposed  to 
be  for  service  of  Confederate  States. 
Cannot  give  names  of  informants. 

147 

191 

2 

Foreign  office  to  treasury 

Jan.  17,1863 

To  telegraph  to  authorities  at  Liver- 
pool to  make  inquiries. 

148 

192 

3 

Foreign  office  to  home  office. . 

Jan.  17,1863 

To  take  such  steps  as  are  legally  pos- 
sible. 
Have  requested  treasury  and  home 

148 

192 

4 

Earl  Eussell  to  Mr.  Adams. . . 

Jan.  17,1863 

148 

192 

office,  but  cannot  be  answerable  for 

difficulty  in   consequence  of  evi- 
dence being  withheld. 

5 

Home  office  to  foreign  office.. 

Jan.  17,1863 

Letter  to  mayor  of  Liverpool.    In- 
formation on  oath  required. 

149 

193 

€ 

Collector  of  customs  at  Liver- 

Jan. 18,1863 

Particulars  of  the  Georgiana.    She  is 

149 

194 

pool  to  commissioners  of  cus- 
toms. 
Earl  Russell  to  Mr.  Adams... 

Telegraphic. 

not  fitted  for  a  privateer. 

7 

Jan.  18,1863 

Inclosing  copy  of  above 

150 

194 

8 

Treasury  to  foreign  office 

Jan.  19,1863 

Eeport   from   customs.     Vessel   in- 
tended for  blockade-running.    Not 
warranted  in  detaining  her. 

150 

194 

9 

Earl  Enssell  to  Mr.  Adams. . . 

Jan.  19,1863 

Copy  of  customs  report 

152 

196 

10 

Treasury  to  foreign  office 

Jan.  20,1863 

Eeport  of  assistant  surveyor  of  cus- 
toms at  Liverpool.    Suspicions  not 
substantiated. 

152 

19€ 

11 

Home  office  to  foreign  office. . . 

Jan.  21,1863 

Correspondence  with  mayor  of  Liv- 
erpool.   Vessel  cannot  he  detained. 

153 

198 

12 

do 

Jan.  22,1863 

Further  communication  from  mayor 
of  Liverpool. 

154 

199 

13 

Earl  Eussell  to  Lord  Lyons. . . 

Jan.  23,1863 

Forwarding  copies  of  correspondence 
respecting  the  Georgiana. 

155 

200 

14 

Home  office  to  foreign  office. . . 

Jan.  24,1863 

Vessel   has  sailed.     "Was  built   for 
blockade-running. 

155 

200 

15 

Earl  Eussell  to  Mr.  Adams. . . 

Jan.  24,1863 

Forwarding  information  obtained  re- 
specting the  nature  of  the  vessel. 

156 

201 

16 

Mr.  Adams  to  Earl  Eussell. .. 

Jan.  26,1863 

His   suspicions   not   removed.     For 
precautions  against  equipment  at 
Nassau. 

156 

201 

17 

Earl  Eussell  to  Mr.  Adams. . . 

Jan.  27,1863 

Further  report  on  the  Georgiana 

157 

202 

18 

Foreign  office  to  treasury 

Earl  Russell  to  Lord  Lyons. . . 

Jan.  28,1863 

Information  forwarded  to  Mr.  Adams. 

157 

202 

19 

Jan.  31,1863 

Inclosing  letter  from  home  office  of 

24th  January. 
Inclosing  Mr.  Adams's  note  of  26th 

January. 

157 

202 

20 

do 

Feb.  11,1863 

158 

203 

21 

Consul  Archibald  to  Earl  Eus  • 
sell. 

Mar.  24, 1863 

Arrival  of  Georgiana  at  Nassau.    Eu- 
mors  that  she  is  intended  for  the 
the  service  of  the  confederates. 

158 

203 

22 

Foreign  office  to  home  office  . . 
Consul  Archibald  to  Earl  Eus- 

April 7,1863 
Mar.  26, 1863 

Extract  of  above 

158 
159 

204 

23 

Contradictory  report  as  to  Georgiana, 
which  is  affirmed  to  be  a  blockade- 

204 

sell. 

runner. 

24 

do 

Mar.  28, 1863 

April  11, 1863 
Mar.  30, 1863 

Georgiana     has     run     ashoro    near 

Charleston. 
Copies  of  above  dispatches 

159 

205 

25 

Foreign  office  to  treasury 

160 

206 

26 

Lord  Lyons  to  Earl  Eussell. . . 

Dispatch  to  Mr.  Archibald  informing 

160 

206 

him  of  the  steps    taken  by  Her 

Majesty's   government  before  the 

Georgiana  left  England. 

27 

Mr.  Adams  to  Earl  Eussell. .. 

April  14, 1863 

Forwards   papers   as    to  arrival   of 

Georgiana  at  Nassau. 
Acknowledging  receipt  of  his  note. .. 

161 

207 

28 

Earl  Eussell  to  Mr.  Adams. . . 

April  15, 1863 

163 

209 

29 

Treasury  to  foreign  office 

April  14, 1863 

Inquiries  made  as  to  vessel  supposed 

to  be  building  in  the  Clyde. 
Nothing  in  Consul  Archibald's  report 

163 

209 

30 

Law-officers  to  foreign  office . . 

April  21, 1863 

164 

209 

to  call  for  action  beyond  watching 

vessel  building  in  the  Clyde. 

[147J  *GEORGIANA 


^To.  1. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  January  16,  1863.     (Received  January  17.) 
My  Lord  :  It  has  become  my  painful  duty  to  call  your  lordship^ 
attention  to  one  more  of  the  cases  in  which  the  neutral    GE0BGIANA ._Cor. 
territory  of  Great  Britain  is  abused  by  evil-disposed  per-  resp°ndeuce- 
sons,  for  the  worst  of  purposes  in  the  present  war.    I  have  the  honor 
to  transmit  a  copy  of  a  letter  addressed  to  me  by  the  consul  of  the 
United  States  at  London,  giving  the  particulars,  based  upon  credible 
information  received  by  him,  the  authority  for  which  it  is  not  in  his 
power  at  present  to  disclose.    As  the  vessel  is  known  to  be  on  the  eve 
of  departure  from  the  port  of  Liverpool,  I  fear  I  have  not  the  time 
necessary  to  procure  corroborative  evidence  from  that  place.    Under 
these  circumstances,  I  feel  myself  impelled  to  make  this  representation 
without  further  delay.    I  have  reason  to  believe  that  the  vessel  in 
question  is  intended  to  pursue  a  similar  course  with  that  formerly  called 
ISo.  290,  to  wit,  the  destruction  of  the  commerce  of  the  United  States. 
I  therefore  solicit  the  interposition  of  Her  Majesty's  government,  at 
least  so  far  as  to  enable  me  to  procure  further  evidence  to  establish  the 
proof  of  the  allegations  here  made,  in  season  for  the  prevention  of  this 
nefarious  enterprise. 
Praying,  &c, 
(Signed)  CHAKLES  FRANCIS  ADAMS. 


[Inclosure  in  No.  1.] 
Mr.  Morse  to  Mr.  Adams. 

Consulate  of  the  United  States, 

London,  January  16,  1863. 

Sir  :  I  have  information  on  evidence  which  secures  my  belief  that  the  iron  screw- 
steamer  Georgiana,  Captain  Davidson,  now  in  Sandon  graving-dock,  Liverpool,  is 
intended  for  a  confederate  privateer,  and  is  now  fitting  for  the  business  of  privateer- 
ing. She  was  built  in  the  yard  of  Mr.  Laurie,  at  Glasgow.  Mr.  George  Wigg,  of  New 
Orleans,  contracted  to  have  her  built.  She  is  now,  I  presume,  but  temporarily,  for 
security  until  she  gets  off,  registered  in  the  name  of  Neil  Mathieson,  secretary  of  the 
Confederate  Aid  Association  at  Glasgow.  She  is  so  constructed  that  armor-plating 
could  be  put  on  to  her  at  any  time  after  leaving  the  port  where  she  was  constructed. 

She  is  a  well-built,  fast  vessel,  rigged  for  fore  and  aft  sails,  and  is  over  400  tons  net 
measurement.  She  left  Glasgow  for  Liverpool  on  the  3d  of  the  present  month,  and  is 
now  at  the  last-named  port  preparing  for  sea.  She  has  port-holes  cut  for  four  rifled 
cannon,  and  bolts,  &c,  arranged  for  them  since  she  left  Glasgow  ;  and  also  a  portion 
of  her  armor-plating  put  on,  and  small  arms  enough  for  a  crew  of  privateer's  men. 
She  will  take  some  forty  or  fifty  men,  all  told,  from  Liverpool,  and  make  up  a  full 
crew  after  leaving.  Among  those  now  engaged,  is  a  gunner,  once  a  sergeant  in  the 
royal  artillery.  She  is  advertised  for  Nassau,  and  will  pretend  to  go  out  as  a  regular 
trader. 


192  TREATY    OF    WASHINGTON. 

I  regret  that  I  am  unable  to  sustain  the  above  statement  by  the  affidavits  of  my 

informants,  but  I  am  bound  in  honor  not  to  use  their  names.    My  information 
[148]  *  concerning  this  steamer  for  the  last  five  or  six  weeks  confirms  the  accuracy  of 

the  statement,  and  I  have  full  confidence  in  its  truth.  i 

The  Georgiana  will  call  at  Queenstown  for  coal. 

Your,  &c, 

(Signed)  F.  H.  MORSE,  Consul. 


No.  2. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  January  17,  1863. 
Sir:  I  am  directed  by  Earl  Russell, to  transmit  to  you  herewith,  to 
be  laid  before  the  lords  commissioners  of  the  treasury,  a  copy  of  a  letter 
from  the  American  minister  in  this  country,1  inclosing  a  copy,  of  a 
letter  from  the  American  consul  in  London,  respecting  a  vessel  named 
the  Georgiana,  supposed  to  be  fitting  out  at  Liverpool  for  the  use  of 
the  Confederate  States ;  and  I  am  to  request  that  you  will  move  their 
lordships  to  send  immediate  instructions  by  telegraph  to  the  proper  au- 
thorities at  Liverpool  to  take  whatever  steps  can  legally  be  taken  in  the 
matter. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  3. 
Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  January  17,  1863. 

Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  a  copy  of  a 
letter  from  the  American  minister  in  this  country,1  inclosing  a  copy  of 
a  letter  from  the  American  consul  in  London,  respecting  a  vessel  named 
the  Georgiana,  supposed  to  be  fitting  out  at  Liverpool  for  the  use  of  the 
Confederate  States. 

I  am  to  request  that,  in  laying  these  papers  before  Secretary  Sir  G. 
Grey,  you  will  state  that  copies  of  them  have  been  forwarded  to  the 
treasury,  with  a  request  that  immediate  directions  might  be  sent  by 
telegraph  to  the  proper  authorities  at  Liverpool  to  take  whatever  steps 
can  legally  be  .taken  in  the  matter,  and  that  Lord  Russell  would  be 
obliged  to  Sir  G.  Grey  to  take,  on  his  side,  any  steps  which  can  be 
legally  taken  in  the  matter. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  4. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  17,  1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  this  day  of  your 
letter  of  the  16th  instant,  inclosing  a  letter  from  the  United  States 

1  No.  1. 


BRITISH    CASE    AND    PAPERS.  193 

consul  iii  London,  giving  the  particulars  based  upon  credible  informa- 
tion received  by  him,  the  authority  for  which  it  is  not  in  his  power  at 
present  to  disclose,  respecting  an  iron-screw  steamer  named  the  Geor- 
giana,.  Captain  Davidson,  now  lying  in  the  Sandon  graving-dock  at 
Liverpool,  which  he  believes  to  be  intended  for  a  confederate  privateer, 
and  to  be  now  fitting  out  for  the  business  of  privateering. 

I  have  communicated  copies  of  your  letter,  and  of  its  inclosnre,  to 
the  board  of  treasury  and  to  the  secretary  of  state  for  the  home  de- 
partment, without  delay ;  and  I  have  requested  that  orders  might  be 
sent  by  telegraph   to  the   proper   authorities  at  Liverpool  enjoining 
them  to  take  such  steps  in  the  matter  as  may  legally  be  taken. 
I  think  it  right,  however,  to  observe  that  Her  Majesty's  government 
cannot  be  answerable  for  any  difficulty  which  may  beexperi- 
[149]    enced  in  carrying  out  those  orders,  *in  consequence  of  the  evi- 
dence on  which  the  statement  of  the  United  States  consul  is 
made  being  withheld  from  them. 
I  am,  &c., 
(Signed)  .  EUSSELL. 


No.  5. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall  , 
January  17,  1863.  (Eeceived  January  17.) 
Sir  :  I  have  laid  before  Secretary  Sir  George  Grey  your  letter  of  this 
date,  and  its  inclosures,  respecting  a  vessel  named  the  Georgiana,  which 
is  supposed  to  be  fitting  out  at  Liverpool  for  the  use  of  the  Confederate 
States  ;  and  I  am  to  acquaint  you,  for  the  information  of  Earl  Russell, 
that  the  foreign-enlistment  act  requires  an  information  upon  oath  to 
enable  the  customs  officers  to  act  in  such  a  case;  and  an  information 
upon  oath  is  also  requisite  to  give  a  magistrate  jurisdiction,  in  such  a 
case. 

A  letter  (a  copy  of  which  is  inclosed)  has,  therefore,  been  addressed 
to  the  mayor  of  Liverpool,  requesting  him  to  cause  inquiry  to  be  made 
respecting  the  vessel,  and  it  will  be  for  the  magistrates  to  determine 
whether  such  facts  as  may  be  stated  on  oath  are  sufficient .  to  warrant 
them  in  proceeding  under  the  foreign-enlistment  act. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 


[Inclosure  in  No.  5.] 

Mr.  Waddington  to  the  mayor  of  Liverpool. 

[Confidential.] 

Whitehall,  January  17.  1863. 

Sir  :  I  am  directed  by  Secretary  Sir  G.  Grey  to  acquaint  you  that  he  has  received  a 
letter  from  the  foreign  office,  inclosing  a  communication  which  has  been  made  by  the 
American  minister  in  this  country  respecting  a  vessel  named  the  Georgiana,  supposed 
to  be  fitting  out  at  Liverpool  for  the  use  of  the  Confederate*States.  It  is  said  that  this 
vessel  was  built  in  Mr.  Laurie's  yard  at  Glasgow  to  the  order  of  Mr.  George  Wigg,  of 
New  Orleans,  and  is  now  registered  in  the  name  of  Neil  Mattheson,  secretary  of  the 
Confederate  Aid  Association  of  Glasgow. 

She  is  at  present  in  the  London  graving-dock  at  Liverpool.    I  am  to  request  that 

H.  Ex.  282,  vol.  ii 13 


194  TREATY    OF    WASHINGTON. 

you  will  cause  immediate  inquiry  to  be  made  blithe  police  respecting  this  vessel,  in 
order  that  if  it  sball  appear  that  the  parties  concerned  in  the  business  are  acting  in 
contravention  of  the  law,  information  on  oath  may  be  taken,  as  required  by  the  statute 
59  Geo.  Ill,  cap.  69,  to  enable  the  magistrates  to  act  in  the  case. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


No.  6. 

Mr.  Edwards  to  Mr.  GouTburn. 
[Telegraphic] 

Liverpool,  January  18, 1863. 
Georgiana,  British,  407  tons  register;  brig,  rig,*  cargo,  merchandise, 
provisions,  and  drugs;  no  guns  on  deck;  no  fittings  for  guns  on  board; 
1  cwt.  of  powder ;  iron  bulwarks ;  no  port-holes  for  guns :  no  fittings 
for  guns  on  board  ;  a  fast  vessel ;  40  crew  ;  not  fitted  as  a  privateer ; 
better  adapted  for  running  the  blockade ;  cleared  out  for  Nassau ;  now 
in  the  Mersey,  and  is  intended  to  leave  to-day,  say  4  p.  m. 


[150]  .      *Ko.  7. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  18, 1863. 
Sir  :  I  have  the  honor  to  transmit  to  you  herewith,  with  reference  to 
my  letter  of  yesterday,  a  copy  of  a  telegram  received  to-day  from  the 
collector  of  customs  at  Liverpool  respecting  the  result  of  the  inquiry 
which  he  was  instructed  to  make  respecting  the  vessel  Georgiana,  re- 
ferred to  in  your  letter  of  the  16th  instant  as  being  in  course  of  fitting 
out  at  Liverpool  as  a  confederate  privateer. 
I  am,  &c, 
(Signed)  BUSSELL. 


No.  8. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
January  19,  1863.    (Eeceived  January  19.) 

Sir  :  With  reference  to  your  letter  of  the  17th  instant  and  its  inclo- 
sures  respecting  a  vessel  called  the  Georgiana,  supposed  to  be  fitting 
at  Liverpool  for  the  use  of  the  Confederate  States,  I  am  desired  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit,  for  the 
information  of  Earl  Eussell,  copy  of  a  letter  from  the  deputy  chairman 
of  the  customs  department,  dated  the  18th  instant,  together  with  copy 
of  a  letter  and  of  its  inclosure  of  the  same  date,  received  by  Mr.  Goul- 
burn  from  the  collector  of  customs  at  Liverpool,  and  forwarded  this 
morning  to  their  lordships. 

I  am  to  state  that,  under  the  circumstances  represented  by  the  officers 
of  the  customs  at  Liverpool,  my  lords  have  not  considered  that  they 


BRITISH    CASE    AND    PAPERS.  195 

would  be  warranted  by  law  in  issuing  any  orders  for  the  detention  of 
the  vessel. 

I  am,  &c., 

(Signed)  GEO.  A.  HAMILTON. 


[Tnclosure  1  in  No.  8.] 

Mr.  Goulburn  to  Mr.  Hamilton. 

5  Prince's  Terrace,  January  18, 12.30  p.  m.,  1863. 
My  Dear  Mr.  Hamilton  :  After  the  communication  you  made  to  me  last  evening, 
and  in  accordance  with  your  desire,  I  telegraphed  to  Liverpool,  desiring  the  answer  to 
be  sent  as  soon  as  possible  to-day  (as  it  was  Sunday)  to  my  house.  I  have  just  received 
it,  and  you  will  find  an  exact  copy  on  the  other  side.  You  will  see  the  description  of  the 
vessel  Georgiana  sent — and  on  the  correctness  of  which  I  am  sure  you  may  confidently 
rely — does  not  in  any  way  bear  out  the  facts  stated  in  the  information  forwarded  to 
the  United  States  minister.  Under  these  circumstances,  without  further  directions 
from  you,  I  shall  not  issue  any  orders  to  detain  the  vessel. 

I  have  written  this  as  a  record  of  what  has  passed  between  us,  but  shall  bring  this 
letter  myself  to  you  at  once,  and  take  your  directions. 
I  am,  &c, 
(Signed)  FRED.  GOULBURN. 


[Inclosure  2  in  No.  8.] 

Mr.  Edwards  to  Mr.  Goulburn,  January  18,  1863,  (telegraphic.) 

[See  No.  6.] 


[151]  *[Inclosure  3  in  No.  8.] 

Mr.  Edwards  to  Mr.  Goulburn. 

Custom-House,  Liverpool,  January  18,  1863. 

Sir  :  With  reference  to  the  telegram  received  from  you  between  8  and  9  o'clock  last 
night,  as  also  to  your  letter  received  this  morning,  the  accompanying  statement  from 
Mr.  Morgan,  the  surveyor,  will  show  you  the  steps  that  were  taken  in  regard  to  the 
screw-steamer  Georgiana,  Captain  Davidson,  which  left  the  Sandon  dock  yesterday 
morning  with  a  general  cargo  for  Nassau. 

A  reply  was  sent  to  your  private  address  at  half  past  11  to-day,  which  I  hope  would 
reach  you  as  soon  as  you  would  get  home  from  church. 

The  exact  details  of  the  cargo  cannot  be  given  you  until  to-morrow,  as  I  have  no 
means  of  getting  at  the  papers,  there  being  no  one  here  save  myself.  I  will  send  you 
at  the  same  time  every  detail  regarding  the  vessel  that  I  can  learn,  but  can  now  assert 
that  the  ship  is  not  intended  for  being  used  as  a  privateer,  but  no  doubt  for  running 
the  blockade,  although  of  this  there  is  no  proof  save  that  deduced  from  the  nature  of 
the  cargo.    • 

You  will  perceive  by  Mr.  Morgan's  observations  that  there  are  no  port-holes  cut  for 
guns;  in  short,  I  see  nothing  whatever  that  would  warrant  her  being  detained. 
I  have,  &c, 
(Signed)  S.  PRICE  EDWARDS. 


[Inclosure  4  in  No.  8.] 

Mr.  Morgan  to  Mr.  Edwards. 

January  18,  1863. 
Sir  :  Last  night  about  10  o'clock  I  received  the  telegram  sent  to  you  relative  to  the 
Georgiana,  but,  being  too  late,  I  had  no  alternative  but  to  wait  till  this  morning  early, 
i  when  I  went  in  search  of  the  vessel,  and  found  that  she  had  hauled  into  the  river  on 
Saturday. 


196  TREATY    OF    WASHINGTON. 

I  gave  directions  to  the  acting  assistant  surveyor,  Mr.  Webb,  to  accompany  me  to 
her,  but  as  we  were  going  I  met  the  master  of  her,  (Davidson,)  who  informed  me  that 
all  the  ship's  papers  were  ashore. 

I  then  accompanied  the  master,  while  Webb  went  to  the  vessel.  On  my  inspec- 
tion of  the  papers,  I  found  nothing  to  induce  the  suspicion  that  she  was  intended  for 
privateering.  She  had  a  great  many  bills  of  lading,  in  which  the  goods  cargo  were 
consigned  to  parties  at  Nassau. 

Among  other  things  there  were  a  great  many  packages  of  drugs,  which  convinced 
me  that  they  had  intended  to  run  through  the  blockade. 

I  also  saw  the  ship's  articles,  upon  which  the  names  of  the  crew  stood ;  the  amounts 
set  against  their  respective  names — forty  in  number — were  not  higher  rates  of  wages 
than  usual,  and  his  charter-party  was  in  the  usual  style,  and  destined  him  to  Nassau, 
Havana,  or  New  Orleans. 

On  the  return  of  the  officer  from  the  ship,  he  stated  that  she  had  no  port-holes,  no 
guns,  and  no  fittings  for  guns  on  deck,  and  nothing  to  denote  that  she  was  intended 
for  a  privateer. 

Under  these  circumstances,  I  am  respectfully  of  opinion-  that  she  is  in  no  way  sub- 
ject to  detention. 
Very,  &c, 
(Signed)  C.  MORGAN,  Surveyor. 


[1521  *No.  9. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  19, 1863. 
Sir  :  With  reference  to  my  letters  of  the  17th  and  18th  instant,  I 
have  now  the  honor  to  transmit  to  yon  copies  of  reports  received  at  the 
treasury  from  the  commissioners  of  customs  respecting  the  steamer 
Georgiana,1  assumed  in  your  letter  of  the  16th  instant,  to  be  fitting  out 
at  Liverpool  as  a  confederate  privateer. 
I  am,  &c, 
(Signed)  RUSSELL. 


No.  10. 

Mr.  Hamilto7i  to  Mr.  Hammond. 

Treasury  Chambers, 
January  20,  1863.  (Received  January  20.) 
Sir  :  With  reference  to  the  correspondence  which  has  passed  on  the 
subject  of  the  Georgiana,  I  am  commanded  by  the  lords  commissioners 
of  Her  Majesty's  treasury  to  transmit,  for  Earl  Russell's  information, 
copy  of  the  accompany iug  report  from  Mr.  Webb,  acting  assistant  sur- 
veyor of  customs  at  Liverpool,  together  with  the  manifest  and  copy 
of  the  victualing  bill  of  that  vessel,  (with  a  request  that  the  two  last- 
mentioned  documents  may  be  returned  to  this  department.) 

From  a  perusal  of  these  papers,  and  especially  looking  at  the  general 
nature  of  her  cargo,  Earl  Russell  will  probably  concur  with  their  lord- 
ships in  opinion  that  the  suspicions  as  to  the  privateering  character  of 
the  Georgiana  have  not  been  substantiated. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

1  Inclosures  in  No.  8.  « 


BRITISH    CASE    AND   PAPERS. 


197 


[Inclosure  1  in  No.  10.] 

Report.  — 

The  examination  of  Mr.  James  Webb,  acting  assistant  surveyor  for  rummaging,  clear- 
ing ships,  and  seeing  that  the  out-door  officers  who  perform  the  water-guard  duty 
correctly  and  faithfully  discharge  the  same. 

I  have  been  in  the  service  of  the  customs  nearly  twenty-seven  years.  I  entered  the 
service  as  a  tide-waiter.  Yesterday  morning  (Sunday)  the  surveyor,  Mr.  Morgan, 
called  at  my  house  (for  it  was  my  turn  off  duty)  about  7.30,  and  asked  me  if  I  knew 
where  the  Georgiana  was  lying.  I  told  him  she  had  gone  into  the  river  on  Saturday, 
and  was  then  lying  in  the  Mersey,  opposite  the  watch-house.  I  then  accompanied  him 
toward  the  boarding  station  at  the  Prince's  Dock  Pier  Head.  As  we  were  going  down 
we  met  the  captain,  Davidson.  He  said  he  was  going  to  the  ship.  Mr.  Morgan  then 
desired  me  to  go  to  the  ship  in  the  river,  while  he  turned  back  with  the  captain  to  see 
his  papers.  I  went  on  board  the  Georgiana  at  about  9.30  a.  m.  She  was  about  half  a 
mile  off  the  great  landing-stage.  I  went  on  board  and  had  the  hatches  removed  in 
order  to  examine  the  cargo.  She  was  not  above  half  full.  She  appeared  to  have  a 
quantity  of  tea  and  bale  goods  on  board ;  also  oil,  tallow,  and  provisions,  which  I  saw. 
There  was  no  objection  made  to  my  going  into  any  part  of  the  vessel.  I  have  seen  the 
vessel  several  times  before,  both  while  she  lay  in  the  London  dock  and  the  graving- 
dock.  She  is  an  ordinary  iron-screw  steamer,  i.  e.,  not  built  stronger  than  the  ordinary 
merchant-vessel.  She  k  brig-rigged,  and  not  fore  and  aft.  She  has  no  port-holes,  and 
no  places  fitted  for  mounting  guns.  It  is  impossible  that  she  could  have  port-holes 
without  a  total  change  in  the  bulwarks,  there  being  no  support  to  sustain  the  recoil  of 
the  guns.  There  were  eighteen  or  nineteen  iron  plates  on  board  lying  on  the  top  of 
the  cargo;  they  were  of  the  same  thickness  as  the  hull  of  the  vessel,  that  is,  the  ordi- 
nary thickness  for  merchant-vessels. 

I  am  satisfied  from  the  construction,  general  fittings,  and  adaptation  of  the 
[153]  *ship,  that  she  is  in  no  way  fitted  for  a  privateer.     I  specially  noticed  the  vessel 

after  she  came  to  the  port,  and  have  seen  her  almost  daily  since,  and  on  her 
arrival  made  several  inquiries  about  her;  and  so  satisfied  was  I  then,  and  still  am, 
that  she  was  not  intended  for  warlike  purposes,  that  I  did  not  consider  myself  called 
upon  to  make  any  report  concerning  her. 

(Signed)  J.  WEBB,     « 

Acting  Assistant  Surveyor. 

Signed  and  declared  before  me,  at  the  custom-house,  Liverpool,  this  19th  day  of  Jan- 
uary, 1863. 

(Signed)  S.  PRICE  EDWARDS, 

Collector. 


f1  Inclosure  2  in  No.  10.] 

Victualing  Mil. 

Pilot, .    Granted  No.  46. 

PORT   OF   LIVERPOOL. 

Bonded  and  drawback  stores  in  the  Georgiana,  (steamship  ;)  A.  B.  Davidson,  master  ; 
for  Nassau,  New  Providence;-  40  men,  10  passengers  or  troops  ;  no  guns;  407  tons. 


Articles. 

Net  quantities  taken  on  board. 

Tea 

3  boxes  59  lbs. 

Tea 

1  chest  92  lbs. 

Tea 

Yellow  moist  sugar , 

3  barrels,  6  cwt.  1  qr.  11  lbs. 
2  bags,  1  cwt.  2  qrs.  4  lbs. 
2  barrels,  1  cwt.  2  qrs. 
1  bag  142  lbs. 

Refined  sugar 

Refined  sugar 

Coffee 

Coffee 

2  ba<>s  321  lbs. 

Molasses 

1  cask,  1  cwt.  0  qrs.  9  lbs. 

2  boxes,  2  qrs. 

2  boxes,  3  qrs.  24  lbs. 

1  jar,  1  qr. 

1  cask,  12  gallons. 

Raisins 

Raisins 

Currants 

Foreign  rum 

The  particulars  of  the  cargo  are  given  in  inclosure  2  in  No.  11. 


198  TREATY    OF    WASHINGTON. 


Articles. 


Foreign  rum 

Brandy 

British  plantation  spirits * 

Segars 12  boxes,  6;lbs. 

Foreign  manufactured  tobacco 1  box,  40  lbs 


Net  quantities  taken  on  board. 


2  casks,  38  gallons. 

3  cases,  5££  gallons. 
1  cask,  20  gallons. 


(Signed)  H.  GOOLD,  Searcher. 

A.  E.  BYENE  &  CO., 


January  17, 1863. 


Brokers,  Tower  Buildings. 


No.  11. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  January  21, 1863.  (Received  January  21.) 
Sir  :  With  reference  to  your  letter  of  the  17th  instant,  I  am  directed 
by  Secretary  Sir  George  Grey  to  transmit  to  you  herewith,  to  belaid  before 
Earl  Russell,  copies  of  telegraphic  communications  which  have  been  re- 
ceived from  the  mayor  and  town-clerk  of  Liverpool  respecting  the  vessel 
named  the  Georgiana,  supposed  to  be  fitting  out  at  that  port  for  the  use  of 
the  Confederate  States  of  America ;  and  I  am  to  state,  for  his  lordship's 
information,  that  the  mayor  has  been  instructed  that  the  case  appears 
at  present  to  be  one  of  mere  suspicion,  and  that  the  vessel  cannot  be 
detained  without  distinct  evidence  on  oath,  bringing  her  within  the 
provisions  of  the  act. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[154]  *[Inclosure  1  in  No.  11.] 

♦  Mr.  Gardner  to  Sir  G.  Grey. 

[Telegraphic] 

Liverpool,  January  20,  1863. 
Just  received  the  following  report  on  your  letter  of  the  17th.     Ship  in  the  river,  hut 
a  very  heavy  gale  blowing ;  it  is  very  probable  she  cannot  get  out  to-day.      I  await 
your  instructions. 


[Inclosure  2  in  No.  11.] 

Report. 

Liverpool  Constabulary  Police  Force,  Central  Police  Office, 

January  20,  1863. 
Detective-officers  Laycock  and  Patrick  have  the  honor  to  report,  for  the  information, 
of  Major  Greig,  head  constable,  relative  to  a  communication  from   Sir  George  Grey, 
home  secretary,  to  his  worship  the  mayor  of  Liverpool,  touching  the  Georgiana,  sup- 
posed to  be  fitting  out  at  Liverpool  for  the  use  of  the  Confederate  States. 

That  they  made  strict  and  private  inquiry,  and  found  that  the  above-named  vessel 
was  built  at  Glasgow,  and  came  direct  from  that  port  to  Liverpool ;  she  left  the  San- 
don  graving-dock  on  Thursday  last,  and  removed  to  the  Bramley  Moore  dock,  where 


BRITISH    CASE    AND    PAPERS.  199 

she  took  in  cargo,  consisting  of  600  cases  of  brandy,  about  50  chests  and  half-chests  of  tea, 
6  bales  of  woolen  goods,  a  quantity  of  miscellaneous  goods  and  medicine.  During  the 
time  she  was  taking  in  cargo  it  was  in  the  usual  way  inspected  by  officers  of  Her  Ma- 
jesty's customs.  The  customs  authorities  assert  that  no  guns  or  ammunition  were 
put  on  board,  and  she  does  not  appear  in  any  way  fitted  out  for  warlike  purposes.  She 
is  only  a  screw-steamer  of  407  tons  register.  Her  crew  consists  of  the  captain  and 
forty  hands,  who  were  shipped  by  Messrs.  J.  &  F.  Johnson,  merchants,  Walmer  Build- 
ings, Walmer  street.  They  have  shipped  from  Liverpool  to  Nassau,  afterward  to  any 
port  in  the  United  States  or  British  America,  the  voyage  not  to  exceed  two  years. 
She  went  into  the  river  Mersey  on  Saturday  last,  and  had  she  not  lost  one  of  her  an- 
chors she  would  before  now  have  proceeded  to  sea. 
The  agents  are  Messrs.  A.  E.  Byrne  &  Co.,  Town  Buildings,  Liverpool. 

(Signed)  F.  F.  GREIG, 

Head  Constable. 


[Inclosure  3  in  No.  11.] 

The  town-clerk  of  Liverpool  to  Sir  G.  Grey. 

|  Telegraphic] 

Since  the  mayor's  message  sent  I  have  seen  the  American  consul  at  this  port  [?  who] 
says  ha  has  information  that  small-arms  are  on  board,  and  perhaps  ritled-cannon ; 
that  [the]  ship  has  two  port-holes  on  each  side,  and  there  are  rings  in  the  deck  for  the 
gun-ropes ;  that  [the]  crew  [consists  of]  nearly  fifty  men,  and  more  officers  than  usual, 
and  double  crew  of  engineers  and  their  assistants. 


No.  12. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  January  22, 1863.     (Received  January  22.) 
Sir  :  With  reference  to  your  letter  of  the  17th  instant,  I  am  directed 
by  Secretary  Sir  George  Grey  to  transmit  to  you  herewith  a  copy  of  a 
further  communication  w.hich  has  been  received  from  the  mayor  of  Liv- 
erpool respecting  the  vessel  Georgiana,  and  to  request  that  you  will  lay 
the  same  before  Earl  Russell. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 


[155]  *[Ln closure  in  No.  12.] 

Mr.  Gardner  to  Mr.  Waddington. 

Town  Hall,  Liverpool,  January  21,  1863. 

Sir:  I  have  to  acknowledge  the  receipt  of  your  letter  of  yesterday's  date,  and  to  in- 
form you  that  I  caused  further  inquiries  to  be  made  as  to  reliable  evidence  of  any 
intention  to  fit  out  the  Georgiana  as  a  vessel  of  war  for  the  use  of  the  Confederate 
States  of  America,  or  to  be  used  otherwise  contrary  to  the  provisions  of  the  act  59 
Geo.  Ill,  cap.  69. 

The  town-clerk  having  informed  me  of  the  statements  made  to  him  by  the  American 
consul  yesterday,  which  were  communicated  to  you  by  his  telegram  after  I  had  dis- 
patched mine,  I  directed  the  chief  superintendent  of  the  detective  department,  with 
another  officer  of  great  intelligence  previously  employed  in  this  case,  to  Wait  upon  the 
consul  this  morning,  and  to  inform  him  that  the  authorities  here  were  prepared  to  give 
every  possible  assistance  to  prevent  any  infringement  of  the  act  above  quoted,  but 
that  the  magistrates  could  not  act  unless  upon  precise  evidence,  sufficient  to  satisfy 
them  that  an  offense  had  been  committed  against  the  law.  He  stated  to  the  superin- 
tendent that  he  had  obtained  certain  information,  which,  however,  he  could  not  dis- 
close, the  same  having  been  given  to  him  in  confidence ;  but  he  suggested  that  an 


200  TREATY    OF    WASHINGTON. 

examination  of  the  ship  should  he  made,  for  the  purpose  of  ascertaining  whether  she 
was  in  any  way  fitted  for  a  vessel  of  war,  and  especially  in  relation  to  ports  for  guns 
having  been  made  here,  and  rings  placed  in  the  deck  for  the  gun-ropes. 

I  directed  that  the  officers  should  visit  the  ship,  but  she  this  day  proceeded  to  sea. 
Our  police  have  made  every  inquiry,  especially  in  reference  to  the  points  meotionodby 
the  consul.  They  verbally  report  to  me  that  they  found  the  ship  was  built  in  great 
haste  in  Glasgow  ;  that  she  came  here  in  a  very  unfinished  state  ;  that  ports  were  made* 
here,  inasmuch  as  it  was  found  that,  in  a  heavy  sea,  from  her  great  speed,  much  water 
would  be  shipped,  and  that  these. ports  were  intended  for  the  escape  of  such  water; 
and  that  she  is  very  slightly  built,  and  is  not  calculated  to  carry  any  armament  or  to 
be  used  as  a  fighting  ship ;  and  they  are  of  opinion  tljat  she  is  built  for  speed  only,  and 
very  probably  intended  to  run  the  blockade,  if  possible. 

I  have  directed  the  offcers  to  communicate  to  the  American  consul  the  information 
they  have  obtained. 
I  have,  &c, 
(Signed)  E.  C.  GARDNER,  Mayor. 


No.  13. 

Earl  Russell  to  Lord  Lyons. 

Foreign  Office,  January  23, 1863. 
My  Lord  :  I  inclose,  for  your  lordship's  information,  copies  of  corre- 
spondence, as  marked  in  the  margin,1  relative  to  a  screw-steamer  called 
the  Georgiana,  which  was  supposed  to  be  fitting  out  at  Liverpool  as  a 
confederate  privateer. 
I  am,  &c, 
(Signed)  BUSSELL. 


No.  14. 

Mr,  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  January  24,  1863.    (Eeceived  January  24.) 
Sir  :  With  reference  to  the  previous  correspondence  upon  the  same 
subject,  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you, 
for  the  information  of  Earl  Russell,  a  copy  of  a  report  which  has  been 

received  through  the  mayor  of  Liverpool  from  the  head  consta- 
[15G]    ble  of  that  borough,  respecting  the  screw-steamer  *  Georgiana, 

said  to  have  been  fitted  out  for  the  service  of.  the  Confederate 
States  of  America.  • 

I  am,  &c, 

(Signed)  WADDINGTON. 


[Inclosure  in  No.  14.] 

Police  report. 

t 
Liverpool  Constabulary  Force,  Central  Police  Office, 

January  22,  1863. 
Detective  officers  Laycock  and  Patrick  have  the  honor  to  report,  for  the  information 
of  Mayor  Greig,  head  constable,  relative  to  a  communication  from  Sir  George  Grey, 
home  secretary,  to  his  worship  the  mayor  of  Liverpool,  respecting  the  screw  steamer 
Georgiana,  said  to  have  been  fitted  out  for  the  service  of  the  Confederate  States  of 
America. 

^os.  1,  2,  6,  8,  inclosure  in  No.  5,  No.  9,  inclosure  in  No.  10,  Nos.  11,  12,  and  15. 


BRITISH    CASE    AND    PAPERS.  201 

That  from  further  inquiries  made,  officers  found  that  she  sailed  yesterday  from  the 
river  Mersey  between  11  o'clock  a.  m.  and  12  noon. 

Officers  afterward  went  to  Messrs.  Grayson's  ship-building  yard,  Regent  Road,  they 
having  executed  the  repairs  of  the  above  vessel  while  in  the  Loudon  graving-dock  ;  saw 
Mr.,Brough,  their  foreman,  who  superintended  the  work,  who  stated  that  he  had  pierced 
two  port-holes  on  each  side  of  the  vessel,  which  would  answer  when  she  shipped  much 
water,  or  for  guns  for  her  own  protection. 

He  also  stated  that  she  is  so  slightly  built  that  if  a  gun  was  fired  on  board  of  her  it 
would  shake  her  from  stem  to  stern. 

She  was  built  at  a  very  light  expense  for  the  purpose  of  running  the  blockade.  She 
has  neither  gun-swivels  nor  ring-bolts  on  deck  for  fixing  cannon. 

(Signed)  J.  J.  GREIG, 

Head  Constable. 


No.  15. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  24,  1863. 
Sir  :  With  reference  to  ray  letter  of  the  19th  instant,  I  have  the  honor 
to  inclose,  for  your  information,  the  following  papers  respecting  the  case 
of  the  screw-steamer  Georgiana,  viz  : 

1.  A  copy  of  the  instructions  addressed  by  the  Secretary  of  State  for 
the  home  department  to  the  mayor  of  Liverpool.1 

2.  Copies  of  reports  received  from  the  mayor  of  Liverpool  in  reply.2 

3.  A  copy  received  through  the  treasury  of  a  report  respecting  the 
Georgiana,  addressed  to  the  commissioners  of  customs  by  Mr.  Webb,  the 
acting  assistant  surveyor  of  customs  at  Liverpool.3 

4.  The  manifest  and  copy  of  the  victualing  bill  of  that  vessel.4 
These  last-named  papers  I  have  to  request  that  you  will  be  good 

enough  to  return  to  me  after  perusal. 
1  am,  &c, 
(Signed)  BFJSSELL. 


No.  16. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,,  January  26,  1863.     (Eeceived  January  27.) 
My  Lord  :  I  have  the  honor  to  acknowledge  the  reception  of  your 
notes  of  the  17th,  18th,  19th,  and  24th  of  this  montli,  together  with  cer- 
tain papers  relating  to  the  case  of  the  Georgiana.    I  return  the  manifest 

and  copy  of  the  victualing  bill,  as  requested. 
[157]        *The  Georgiana  has  departed  on  her  voyage,  and  therefore  I 

deem  it  unnecessary  to  pursue  the  subject  further.  But  I  re- 
gret to  say  that  I  am  not  entirely  convinced  of  the.  incorrect- 
ness of  the  information  upon  which  my  representation  of  the  16th 
instant  was  based.  After  the  experience  had  in  the  instances  of  the 
Oreto  and  of  No.  290,  I  hope  I  may  be  pardoned  for  distrusting  the  re- 
sult of  any  investigation  arrived  at  in  similar  cases  at  Liverpool,  when 
conducted  by  the  same  parties.  On  the  other  hand,  the  further  evi- 
dence which  I  have  obtained  since  writing  my  note  tends  to  confirm  me 

1  Inclosure  in  No..  5. 

2  luclosures  in  Nos.  11  and  12. 

3  Inclosure  1  in  No.  10. 

4  Inclosure  2  in  No.  10. 


202  TREATY    OF   WASHINGTON. 

in  the  impression  first  received,  that  the  vessel  was  pierced  for  fonr  port- 
holes at  Liverpool,  and  that  she  sailed,  carrying  both  cannon  and  small 
arms  as  well  as  iron  plates  in  her  hold,  to  be  hereafter  put  on  to  pro- 
tect her  sides.  Time  will  show  which,  view  of  the  subject  is  the  true  one. 
In  any  event,  I  feel  safe  in  asking  of  your  lordship  the  favor  to  take 
such  measures  as  may  at  least  prevent  the  possibility  of  completing  the 
outfit  and  armament  of  this  vessel  at  Nassau,  if  such  a  proceeding  should 
prove  to  have  been  contemplated. 

I  have,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


No.  17. 
Earl  Russell  to  Mr,  Adams, 

Foreign  Office,  January  27, 1863. 
Sir  :  With  reference  to  my  letter  of  the  24th  instant,  I  have  the  honor 
to  transmit  to  you,  for  your  information,  a  copy  of  a  further  report 
which  has  been  received,  through  the  mayor  of  Liverpool,  from  the 
head  constable  of  that  borough,  relative  to  the  screw-steamer  Geor- 
giana.1 

I  am,  &c, 

(Signed)  RUSSELL. 


No.  18. 

Mr,  Hammond  to  Mr.  Hamilton. 

Foreign  Office.  January  28, 1863. 
Sir  :  I  have  laid  before  Earl  Russell  your  letter  of  the  20th  instant, 
inclosing  a  copy  of  a  report  from  the  acting  assistant  surveyor  at  Liver- 
pool, respecting  the  screw-steamer  Georgiana;  and  1  am  to  state  to  you 
in  reply,  for  the  information  of  the  lords  commissioners  of  the  treasury, 
that  Lord  Russell  has  transmitted  a  copy  of  that  report  to  Mr.  Adams. 
In  accordance  with  your  request,  the  manifest  and  copy  of  the  victual- 
ing bill  of  Georgiana,  which  have  been  also  shown  to  Mr.  Adams,  are 
herewith  returned. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  19. 
Earl  Russell  to  Lord  Lyons, 

Foreign  Office,  January  31, 1863. 
My  Lord  :  With  reference  to  my  dispatch  of  the  23d  instant,  I  in- 
close, for  your  lordship's  information,  a  copy  of  a  further  letter  from 
the  home  office  respecting  the  Georgiana.2 
I  am,  &c, 
(Signed)  RUSSELL. 

^Inclosure  in  No.  14.  2No.  14. 


BRITISH    CASE    AND    PAPERS.  203 

[158]  .  *No  20. 

Earl  Russell  to  Lord  Lyons. 

Foreign  Office,  February  11,  1863. 
My  Lord  :  With  reference  to  my  dispatch  of  the  31st  ultimo,  I  trans- 
mit to  you  herewith,  for  your  lordship's  information,  copy  of  a  further 
letter  from  Mr.  Adams  relative  to  the  case  of  the  Georgiana.1 
I  am,  &c, 
(Signed)  m  RUSSELL. 


No.  21. 

Consul  Archibald  to  Earl  Russell. 

New  York,  March  24,  1863.     (Received  April  6.) 

My  Lord  :  I  have  the  honor  to  report  that  the  feeling  of  hostility 
toward  England,  arising  from  the  fact,  or  the  belief  of  the  fact,  that 
ships  are  being  built  and  fitted  out  in  Great  Britain  to  cruise  as  Con- 
federate States  privateers,  has  of  late  increased  in  this  community. 

The  shelter  and  assistance  afforded  to  confederate  cruisers  at  Nassah 
and  Jamaica,  and  the  connivance  at  the  frequent  expeditions  from  the 
former  port  of  vessels  designed  to  violate  the  blockade,  have  in  particu- 
lar excited  a  feeling  of  great  irritation  and  resentment,  which  is  now  be- 
ing brought  to  bear  on  the  President,  in  order  to  induce  him  to  issue 
letters  of  marque.  Should  the  United  States  Government  unhappily 
determine  to  sanction  privateering,  it  will  hardly  be  possible  to  prevent 
collisions  with  British  vessels,  which  may  lead  to  serious  results. 

I  transmit,  herewith  inclosed,  for  your  lordship's  information,  printed 
extracts  from  the  New  York  Times  and  Herald,  of  this  day's  issue, 
which  represent  fairly  the  public  sentiment  in  this  matter. 

The  Report  in  the  Herald  of  the  arrival  at  Nassau  of  the  Georgiana 
has  been  confirmed  to  me  by  a  gentleman  who  has  received  full  par- 
ticulars from  Captain  Davison,  now  here,  on  his  way  from  Nassau,  and 
who  returns  to  England  by  this  mail-steamer.  From  this  information  I 
learn  that  the  Georgiana  (to  be  called  hereafter  tlie  Georgia)  is  an  iron 
ship  of  674  tons,  built  in  the  Clyde,  from  whence  she  fitted  out  and  pro- 
ceeded to  sea,  with  no  armament  beyond  two  signal-guns ;  but  these 
guns  Captain  Davison  admits  to  have  been  heavy  ones ;  that  the  prin- 
cipal part  of  the  crew  to  man  her  had  been  sent  home  from  the  Havana ; 
that  she  is  an  exceedingly  fast  sailer,  and  is  so  clad  with  iron  as  to  be, 
if  not  almost,  impervious  to  shot;  at  all  events,  something  more  than  a 
mere  iron-built  vessel.  Whether  or  not  she  took  from  the  Clyde  guns 
in  her  hold,  or  is  to  receive  her  further  armament  at  Nassau  or  else- 
where, I  have  not  clearly  ascertained;  but  that  she  is  designed  to  pro- 
ceed to  sea  from  Nassau,  and  to  cruise  as  a  Confederate  States  ship  of 
war  or  privateer,  is  certain. 

Captain  Davison  goes  home  to  bring  out  a  similar  ship,  also  building 
in  the  Clyde,  to  be  called  the  South  Carolina,  the  crew  for  which  vessel 
will,  for  the  most  part,  be  sent  home  from  Havana. 
I  have,  &c, 
(Signed)  E.  M.  ARCHIBALD. 

1  No.  16. 


204  TREATY    OF   WASHINGTON. 

No.  22. 

Mr.  Hammond  to  Mr.  Waddington. 

[Immediate.] 

Foreign  Office,  April  7, 1863. 
Sir  :  With  reference  to  your  letter  of  the  28th  of  January  last,  I 
am  directed  by  Earl  Bussell  to  transmit  to  you,  to  be  laid  before  the 
lords  commissioners  of  the  treasury,  an  extract  of  a  dispatch  from  Her 
Majesty's  consul  at  New  York,1  stating*  that  the  Georgiana  is  being 
equipped  for  the  service  of  the  confederate  government  at  Nassau,  and 
that  it  is  alleged  that  another  similar  vessel  is  now  "being  constructed 
in  the  Clyde. 

I  am,  &c, 

(Signed)  ,  E.  HAMMOND. 


[159]  *No.  23. 

Consul  Archibald  to  Earl  Russell. 

New  York,  March  26,  1863.     (Eeceived  April  10.) 

My  Lord  :  Eeferring  to  my  dispatch  of  the  24th  instant,  I  have  the 
honor  to  acquaint  your  lordship  that  I  have  this  morning  received  a 
somewhat  different  version  of  the  history  and  intended  movements  of  the 
steamship  Georgiana  from  that  which  was  reported  by  her  late  master, 
Captain  Davison,  and  which  I  deem  it  right  to  communicate  without 
delay  to  your  lordship. 

An  English  gentleman,  who  came  from  Nassau  in  the  mail-sreamer 
British  Queen,  who  brings  me  a  letter  of  introduction,  and  on  whose 
statement  I  feel  I  can  rely,  has  just  informed  me  that  he  had  heard  the 
report  respecting  the  Georgiana,  made  here  by  Captain  Davison,  and 
assures  me  that  it  is  altogether  untrue  that  this  vessel  is  to  be  employed 
as  a  privateer,  or  in  the  naval  service  of  the  Confederate  States;  that 
she  is  a  private  merchant-ship  belonging  to  Mr.  George  Wigg,  of  Liver- 
pool ;  that  she  came  out  with  a  cargo  of  general  merchandise  intended 
to  be  run  through  the  blockade  of  the  southern  ports  ;  that  on  her  ar- 
rival at  Nassau,  in  consequence  of  reports  that  she  was  an  armed  ves- 
sel, and  intended  to  serve  as  a  privateer,  she  was  examined  by  the 
authorities,  and  the  report  ascertained  to  be  incorrect ;  that  she  is  a 
very  fine  ship,  but  not  more  than  five  hundred  tons  burden,  and  that 
her  guns  are  not  of  the  caliber  reported,  or  rather  insinuated,  by  Cap- 
tain Davison,  being  only  nine-pounders ;  and  that  she  is  not  constructed 
of  such  heavy  iron  as  he  represents. 

My  informant  adds  that,  while  at  Nassau,  the  Georgiana  was  painted 
of  a  lead  color,  and  her  masts  were  reduced ;  and  that  on  the  day  on 
which  the  British  Queen  left  Nassau,  the  Georgiana  either  sailed,  or 
intended  to  sail,  from  that  port  for  the  purpose  of  running  into  Charles- 
ton. 

This  statement  appears  to  be  confirmed  by  a  telegraphic  report  of 
news  from  Charleston,  by  way  of  Bichmond,  published  in  the  New  York 
Herald  of  yesterday,  in  which  it  is  stated,  on  the  22d  instant,  that  "  the 

>  No.  21. 


BRITISH    CASE    AND    PAPERS.  205 

enemy  have  been  shelling  the  wreck  of.  the  Georgiana  on  Long  Island 
beach." 

My  informant  attributes  Captain  Davison's  erroneous  statements  to 
the  circumstance  of  his  having  been  displaced  from  the  command  of 
the  Georgiana  on  her  arrival  at  Nassau. 

I  have,  &c, 

(Signed)  E.  M.  AECHIBALD. 


'No.  24. 

Consul  Archibald  to  Earl  Eussell. 

New  York,  Marcli  28,  1863.  (Eeceived  April  10.) 
My  Lord  :  Eeferring  to  my  dispatch  of  the  26th  instant,  I  have  the 
honor  to  transmit  printed  extracts  from  the  New  York  Herald  of  yes- 
terday, reporting  telegraphic  intelligence  from  Charleston,  to  the  effect 
that  the  Georgiana  ran  ashore  near  that  city,  on  the  19th  instant,  and 
became  a  wreck. 

I  have  the  honor  also  to  acquaint  your  lordship  that  I  have  received 
from  Lord  Lyons  copies  of  papers  relative  to  the  Georgiana,  showing 
that  every  effort  was  made  by  Her -Majesty's  government  to  ascertain 
the  true  character  of  that  vessel  before  she  sailed  from  England,  and 
that  no  evidence  which  would  have  justified  her  detention  was  forth- 
coming. ; 

This  information  will  be  of  service  to  me  in  aiding  me  to  correct  the 
misapprehensions  which  prevail  here  in  reference  to  the  views  and  pro- 
ceedings of  Her  Majesty's  government  in  regard  to  the  outfitting  in 
Great  Britain  of  vessels  of  the  supposed  character  of  the  Georgiana. 
I  have,  &c, 
(Signed)  E.  M.  AECHIBALD. 


[160]  *[Inclosure  in  No.  24.  J 

Extract  from  the  New  York  Herald  of  Marcli  27,  1863. 
[From  the  Charleston  Mercury,  March  20.1 

Interesting  from  the  South — Destruction  of  the  Anglo-rebel  steamer 
Georgiana  off  Charleston — The  blockade  run.  by  the  Calypso — Prepara- 
tions for  the  battle  at  Charleston,  &c,  &c. — The  British  iron  screw-steamer 
Georgiana,  Captain  Hudson,  left  Nassau,  New  Providence,  on  (Sunday  afternoon,  March 
15,  for  this  city,  having  on  hoard  a  valuable  cargo  of  medicines,  dry-goods,  and  some 
six  pieces  of  field-artillery  of  the  Whit  worth  and  Blakeley  patterns.  About  .1  o'clock 
on  Thursday  morning,  off  Derree's  Breakers,  .she  made  a  schooner  and  a  steamer. 
These,  although  very  close,  were  passed  successfully  and  without  notice  ;  but  on  pro- 
ceeding a  short  distance  she  discovered  several  others,  and  a  rocket  about  this  time 
going  up,  the  blockaders  soon  commenced  chasing  and  firing. 

The  Georgiana  kept  on  her  course  for  the  bar  until  her  rudder  was  disabled  by  the 
explosion  of  a  shell  under  her  stern,  and  her  hull  was  penetrated  by  several  shots,  one 
of  which,  it  is  reported,  passed  entirely  through  her.  At  one  time  the  Yankees  were 
so  close  that  the  order  to  fire,  and  the  direction  to  trail  their  guns,  could  be  distinctly 
heard. 

To  prevent  capture  the  Georgiana  was  run  ashore  on  Long  Island  beach,  and  the 
pipes  leading  to  the  vessel  were  cut,  letting  a  large  amount  of  water  into  the  hold, 
which  it  is  hoped  will  prevent  the  enemy  from  securing  the  vessel  or  cargo.  The  cap- 
tain, pilot,  and  most  of  the  crew  have  reached  this  city  in  their  boats.  One  of  the 
boats  is  still  missing.     She  may  yet  be  heard  from.    The  coal  burned  by  the  Georgiana, 


206  TEEATY    OF   WASHINGTON. 

it  is  said,  made  much  smoke,  and  it  is  thought  that  this  led  to  her  discovery  by  the 
Yankees. 

The  Georgiana  was  owned  by  English  parties,  and  was  consigned  to  Messrs.  John 
Frazer  &  Co.  A  rumor  reached  this  city  yesterday  that  the  Yankees  had  set  the 
Georgiana  on  fire,  but  it  may  prove  to  be  incorrect. 


No.  25. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  April  11,  1863. 
Sir  :  With  reference  to  niy  letter  of  the  7th  instant,  I  am  directed  by 
Earl  Eussell  to  transmit  to  you,  for  the  information  of  the  lords  commis- 
sioners of  Her  Majesty's  treasury,  copies  of  two  dispatches  from  Her 
Majesty's  consul  at  New  York,  containing  further  information  respect- 
ing the  suspected  vessel  Georgiana.1 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  26. 

Lord  Lyons  to  Earl  Russell. 

Washington,  March  30,  1863.  (Eeceived  April  13.) 
My  Lord:  Mr.  Consul  Archibald  informs  me  that, in  a  dispatch 
dated  the  21th  instant,  he  transmitted  to  your  lordship  a  copy  of  a  dis- 
patch which  he  addressed  to  me  on  the  subject  of  the  steamer  Georgi- 
ana on  the  24th  instant,  and  that  in  a  dispatch  dated  the  26th  instant 
he  inclosed  to  your  lordship  a  copy  of  a  dispatch  which  he  wrote  to  me 
on  the  same  day  and  on  the  same  subject. 

I  have  the  honor  to  send  herewith  to  your  lordship  a  copy  of  a  dis- 
patch which  I  addressed  to  Mr.  Archibald  on  receiving  the  dispatch 
from  him  of  the  24th.    I  inclosed  in  it  copies  of  all  the  papers  which 
your  lordship  had  sent  me  respecting  the  Georgiana,  with  your  dis- 
patches of  the  23d  January  last,  and  of  the  31st  of  the  same 
[161]    month,  except  the  notes  to  and  from  Mr.  Adams,  the  report  *of 
the  United  States  consul  to  Mr.  Adams,  dated  the  16th  January, 
and  the  letter  from  the  home  office  of  the  24th  January.    A  copy  of  the 
inclosure  in  this  letter  from  the  home  office,  was,  however,  sent  with  the 
other  papers  to  Mr.  Archibald. 
I  have,  &c, 
(Signed)  LYONS. 

[Inclosure  in  No.  26.] 
Lord  Lyons  to  Consul  Archibald. 

Washington,  March  25, 1863. 
Sir:  With  reference  to  your  dispatch  of  yesterday's  date,  I  inclose,  for  your  informa- 
tion, copies  of  papers  relative  to  the  steamship  Georgiana. 
These  papers  show  that  every  effort  was  made  by  Her  Majesty's  government  to  ascer- 

1  Nos.  23  and  24. 


BRITISH    CASE    AND    PAPERS.  207 

tain  the  true  character  of  the  Georgiana  before  she  sailed  from  England,  and  that  no 
evidence  which  would  have  justified  her  detention  was  forthcoming. 

You  may  make  use  of  the  information  which  these  papers  contain  for  the  purpose  of 
showing  the  groundlessness  of  the  imputations  cast  on  Her  Majesty's  government 
respecting  the  Georgiana ;  hut  you  will  use  your  own  discretion  in  the  matter,  and 
will  not  consider  my  communicating  the  papers  to  you  as  entailing  upon  you  the  neces- 
sity of  taking  any  steps  which  will  not  in  your  own  judgment  tend  in  reality  to  allay 
irritation  and  remove  misconception. 

I  am,  &c, 

(Signed)  LYONS. 


No.  27. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  April  14,  1863.  (Keceived  April  15.) 
My  Lord  :  I  have  been  instructed  to  lay  before  your  lordship  copies  of 
a  correspondence  transmitted  to  me  from  Washington  relative  to  the  ar- 
rival of  the  steamer  Georgiana  at  Nassau.  It  appears  by  these  papers 
that  she  appeared  and  was  received  at  that  port  in  the  singular  guise  of 
an  armed  British  merchant-vessel,  although  from  the  evidence  which 
your  lordship  was  pleased  to  furnish  to  me  from  Liverpool  she  was  not 
represented  as  enacting  any  such  part  in  that  harbor.  I  have^iow  every 
reason  to  believe  that  the  information  upon  which  I  had  the  honor  to 
base  my  representation  of  the  character  and  purposes  of  that  vessel  was 
in  all  essential  particulars  correct. 

Happily  for  the  interests  of  both  countries,  this  cause  of  complaint 
and  irritation  has  been  disposed  of  in  a  summary  way  in  advance  of  any 
production  of  mischief.  I  wish  I  could  have  it  in  my  power  to  make  the 
same  announcement  in  other  cases  to  which  I  have  been  under  the 
painful  necessity  to  draw  your  lordship's  notice. 
I  pray,  &c, 
(Signed)  CHAELES  FRANCIS  ADAMS. 


[Inclosure  1  in  No.  27.] 

Mr.  Whiting  to  Mr.  Seivard. 

Washington,  March  27,  1863. 
Sir  :  I  have  the  honor  to  inclose  to  you  herewith  my  letters  of  protest  to  his  excel- 
lency Governor  Bayley,  of  Bahama,  in  regard  to  the  arrival  at  Nassau,  New  Providence, 
on  the  27th  February  last,  of  the  armed  privateer  Georgiana,  and  his  excellency's  reply 
thereto.  I  also  inclose  a  copy  of  my  letter  addressed  to  Captain  T.  Kennedy,  of  Her 
Britannic  Majesty's  ship  Challenger,  on  the  same  subject,  and  a  copy  of  his  reply. 

The  captain  otthe  Georgiana,  Davidson,  and  his  mate,  Wilson,  came  to  New  York 

[162]  in  the  British  Queen  last  Saturday,  avowedly  en  route  for  Liverpool,  *  where  they 

said,  openly,  that  a  more  formidable  cruiser  than  any  yet  in  the  service  of  the 

rebels  was  awaiting  them  at  Liverpool,  where  they  expected  to  join  her  and  bring 

her  out  to  Nassau. 

The  day  before  I  left  Nassau  the  NA  was  painted  out  from  the  Georgiana's  name, 
thus  leaving  her  the  Georgia.     The  new  vessel,  Captain  Davidson  said,  was  to  be  called 
the  South  Carolina,  and  he  also  said  she  was  to  be  heavily  armed,  and  that  she  was  a 
very  fleet  vessel. 
I  have,  &c, 
(Signed)  SAML.  WHITING, 

Late  United  States  Consul  at  Nassau. 


208  TKEATY    OF    WASHINGTON. 

[In closure  2  in  No.  27.  J 
Mr.  Whiting  to  Governor  Bayley. 

Nassau,  February  28,  1863. 
May  it  please  your  excellency : 

I  have  the  honor  to  inform  your  excellency  that  I  have  this  day  received  informa- 
tion from  a  consular  passenger  who  arrived  here  on  the  steamer  Georgiana,  that  that 
vessel,  now  in  port,  is  armed  with  two  rifled  cannon,  and  otherwise  equipped  for  war- 
like purposes. 

I  have  to  request  your  excellency  will  take  such  immediate  steps  to  detain  this 
vessel,  until  the  evidence  may  be  put  in  proper  form,  as  are  necessary  in  such  a  case. 
I  have,  &c, 
(Signed)  .  SAML.  WHITING, 

United  States  Consul. 


[Inclosure  3  in  No.  27.] 

Mr.  Nesbitt  to  Mr.  Whiting. 

Colonial  Secretary's  Office, 

Nassau,  March  2,  1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  dated  the  28th  ultimo, 
relative  to  the  steamer  Georgiana,  addressed  to  his  excellency  the  governor. 

I  am  now  instructed  by  his  excellency  to  acquaint  you  that  the  fort  adjutant,  who 
was  instructed  to  board  the  Georgiana,  has  done  so,  and  reported  to  the  effect  that  she 
is  only  an  aimed  merchant-vessel. 
I  have,  &c, 
(Signed)  C.  H.  NESBITT, 

Colonial  Secretary. 


[Inclosure  4  in  No.  27.] 
Mr.  Whiting  to  Capiian  Kennedy. 

United  States  Consulate, 
Nassau,  New  Providence,  March  2,  1863. 
Sir  :  From  information  received  from  Charles  Zink,  who  arrived  at  this  port  as  a 
passenger  in  the  steamship  Georgiana,  I  have  reason  to  believe  that  that  vessel,  now 
lying  at  anchor  at  the  entrance  of  the  harbor,  is  fitted  and  equipped  for  the  purpose  of 
committing  hostilities  against  the  United  States. 

She  is  now  a  British  vessel,  and  has,  or  had  when  she  arrived  here,  two  rifled 
camion  mounted  on  her  deck,  and  on  her  voyage  from  Teneriffe  to  this  port  her  crew 
were  exercised  in  firing  them.  She  has  also,  for  the  crew's  use,  in  her  armory  revolver- 
pistols,  rifles,  shot,  &c,  and  has  ammunition  and  a  large  crew,  which  it  is  intended  to 
double. 

My  Government  has  informed  me  of  the  character  of  this  vessel  some  time  past,  and 
as  I  have  no  doubt  that  she  is  violating  the  provisions  of  the  foreign-enlistment  act 
within  the  jurisdiction  of  this  government,  I  have  to  request  that  you,  being  the  only 
British  naval  officer  in  command  here,  will  at  once  board  that  vessel  and'  make 
[163J  an  examination  of  her ;  so  that  if,  on  inquiry,  she  should  be  found  to  be  *  of  the 
character  shadowed  out,  she  may  be  seized  and  brought  before  the  admiralty 
court  for  an  examination.      « 
I  am,  &c, 
(Signed)  SAML.  WHITING, 

United  States  Consul, 


[Inclosure  5  in  No.  27.]  • 

Captain  Kennedy  to  Mr.  Whiting. 

Challenger,  Nassau,  March  2,  1863. 
Sin  :  In  answer  to  your  letter  of  the  2d  March,  1863,  I  have  to  inform  you  that  as 
the  Georgiana  is  within  the  port  of  Nassau,  you  must  apply  to  the  governor  to  order 
the  examination  you  require. 
I  am,  &c, 
(Signed)  J.  KENNEDY. 


BRITISH    CASE    AND    PAPERS.  .  209 

No.  28. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  15,  1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
yesterday's  date,  inclosing  copies  of  papers  transmitted  to  yon  from 
Washington,  respecting  the  case  of  the  Georgiana. 
I  am,  &c, 
(Signed)  RUSSELL. 


No.  29. 

Mr,  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
April  14,  1863.     (Received  April  15.) 
Sir:  With  reference  to  your  letter  of  the  7th  instant,  respecting  the 
equipment  of  vessels  at  Nassau  and  in  the  Clyde  for  the  use  of  Confederate 
States,  I  am  desired  by  the  lords  commissioners  of  Her  Majesty's  treasury 
to  transmit,  for  the  information  of  Earl  Russell,  copy  of  a  report  from 
the  commissioner  of  customs,  dated  the  13th  instant. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

[Inclosure  3  in  No.  29.  J 

The  commissioners  of  customs  to  the  lords  commissioners  of  the  treasury. 

Custom-House,  April  13,  1863. 
Your  lordships  having  referred  to  us  the  annexed  letter  from  Mr.  Hammond,  trans- 
mitting, by  desire  of  Earl  Russell,  an  extract  of  a  dispatch  from  Her  Majesty's 
consul  at  New  York,  stating  that  the  Georgiana  is  being  equipped  for  the  service  of 
the  government  of  the  Confederate  States  at  Nassau,  and  that  it  is  alleged  that 
another  vessel  is  being  constructed  in  the  Clyde,  to  be  called  the  South  Carolina,  we 
report — 

That  upon  the  receipt  of  the  said  letter,  we  referred  the  same  to  our  collector 
at  Glasgow  for  his  inquiry  respecting  the  South  Carolina,  and  it  appears  from  the 
report  of  the  measuring  surveyor  of  shipping  at  that  port,  which  has  been  forwarded 
to  us  by  J;he  collector,  that  there  are  about  forty  ships  building  at  the  present  time  in 
the  port,  and  it  may  be  intended  to  give  one  of  them  ihat  name ;  that  the  only  ship 
apparently  designed  for  a  ship  of  war  is  the  one  building  in  the  yard  of  Messrs. 
Thomson,  referred  to  in  our  report  to  your  lordships  of  the  11th  ultimo,  and  that 
she  is  still  in  a  very  unfinished  state.     The  measuring  surveyor  adds  that  he  is  giving 
his  closest  attention  to  this  vessel,  and  will  take  care  to  keep  the  collector  fully  in- 
formed of  her  progress  from  time  to  time.  g 
[164]       *We  beg  to  add  that  we  have  also  directed  inquiry  to  be  made  at  Greenock 
and  Port  Glasgow  whether  any  such  vessel  is  being  constructed  within  either 
of  these  ports,  and  we  will  not  fail  to  apprise  your  lordships  of  the  result. 
(Signed)                                                                THO.  E.  FREMANTLE. 

GRENVILLE  C.  L.  BERKELEY. 


No.   30. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Temple,  April  21,  1863.     (Eeceived  April  21.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
H.  Ex.  282,  vol.  ii 14 


210  •  TREATY    OF    WASHINGTON. 

in  Mr.  Hammond's  letter  of  the  7th  instant,  stating  that  he  was  directed 
by  your  lordship  to  transmit  to  us  a  dispatch  and  its  inclosures  from 
Mr.  Consul  Archibald,  respecting  a  vessel  called  the  Georgiana,  which 
is  stated  to  be  equipping  at  Nassau  for  the  service  of  the  confederate 
government ;  that  we  should  see  from  the  correspondence  which  passed 
respecting  the  vessel  in  question  when  she  was  about  to  sail  from  Liver- 
pool, and  which  Mr.  Hammond  was  also  pleased  to  inclose,  that  the 
attention  of  Her  Majesty's  government  was  called  to  the  suspicious 
nature  of  this  vessel  by  Mr.  Adams  previously  to  her  departure  from 
this  country,  but  that  sufficient  cause  was  not  shown  for  her  detention ; 
and  Mr.  Hammond  was  now  to  request  that  we  would  take  the  case  into 
consideration,  and  furnish  your  lordship  with  our  opinion,  at  our  ear- 
liest convenience,  as  to  the  course  which  should  be  adopted  with  regard 
to  the  alleged  equipment  of  the  Georgiana  for  warlike  purposes  at 
Nassau. 

In  obedience  to  your  lordship's  commands  we  have  taken  this  case 
into  consideration,  and  have  the  honor  to  report — 

That  neither  the  statements  in  Mr.  Consul  Archibald's  letter,  nor  the 
extracts  of  newspapers  which  he  incloses  in  it,  furnish  us  with  any 
sufficient  materials  for  advising  your  lordship  to  take  any  particular 
course  of  action  with  respect  to  the  matters  complained  of  in  them. 

To  build  ships  in  British  ports  and  sell  them  to  either  belligerent  as 
an  article  of  commerce  is  not,  as  we  have  already  had  the  honor  to 
observe,  an  act  which  infringes  the  rules  of  international  law ;  nor  is  it, 
without  more,  sufficient  to  constitute  a  violation  of  any  British  law. 

If,  subsequent  to  their  construction  and  sale  here,  they  have,  in  some 
foreign  port,  been  equipped  for  war,  that  is  not  a  matter  with  which  Her 
Majesty's  government  can  in  any  way  interfere. 

The  Georgiana  was  not  shown  and  does  not  appear  to  have  been  fitted 
out  or  equipped  in  such  a  manner  or  with  such  an  intent  as  to  justify 
her  seizure  when  she  left  Liverpool.  It  does  not  now  appear  that  she 
has  guns  fitted  for  belligerent  purposes,  or  that  she  has  received  any  at 
Nassau  ;  it  is  at  present  all  conjecture  on  the  part  of  the  consul. 

We  cannot  assume  that  the  authorities  at  Nassau  will  permit  the  law 
to  be  broken  there. 

As  to  the  allegation  that  confederate  cruisers  are  sheltered  and 
assisted  at  Nassau  and  Jamaica,  we  have  no  evidence  that  they  are 
not  treated  in  these  places  upon  precisely  the  same  footing  as  Federal 
cruisers.  « 

As  to  the  averment  that  there  is  connivance  in  these  ports  at  expedi- 
tions of  merchant-vessels  destined  to  break  the  blockade,  we  are  unable 
to  understand  exactly  the  nature  of  the  offense  imputed. 

The  neutral  state  lies  under  no  obligation,  and  often,  as  in  this  case, 
has  no  power  to  prevent  merchant- vessels  from  sailing  to  blockaded 
ports  ;  it  is  not  her  duty,  but  the  duty  of  the  belligerent  to  preserve  the 
blockade,  and  to  capture  vessels  endeavoring  to  violate  it. 

It  would  be  proper  to 'give  instructions  to  watch  the  construction  of 
the  South  Carolina  in  the  Clyde,  and  the  proceedings  of  Captain  Davison 
with  respect  to  her.  But  at  the  present  we  are  not  in  a  condition  to 
offer  further  advice. 

(Signed)  WM.  ATHERTON. 

ROUNDELL  PALMER. 
KOBT.  PHILLIMORE. 


[165]  *PHANTOM 


[166] 


TABLE  OF  CONTENTS. 


.2 

a 

©13 

a  § 

From  whom  and  to  whom. 

Date. 

Subject. 

II 

o  « 

«?3 
w.  S 

Page. 

Page. 

1 

Mr.  Adams  to  Earl  Eusseil  ... 

Mar.  26 

The  Phantom  building  at  Liverpool. 
Information  from  the  United  States 
consul  of  her  connection  with  the 
confederates.    The  Southerner  also 
designed  for  the  same  service. 

167 

215 
215 

2 

Earl  Eusseil  to  Mr.  Adams. .. 

Mar.  27, 1863 

The  proper  departments  will  be  re- 
quested to    make   immediate   in- 

167 

3 

Foreign  office  to  treasury  and 
home  office. 

Mar.  27, 1863 

quiries. 
Forwarding  Mr.  Adams's  note.    Re- 
questing  that    inquiries   may   be 
made,  and  steps  taken. 

168 

216 

4 

Earl  Eusseil  to  Mr.  Adams... 

Mar.  28, 1863 

For  information  as  to  the  grounds  on 
which  the    United    States    consul 
founds  his  belief  as  to  the  Phan- 
tom and  Southerner. 

168 

216 

5 

Home  office  to  foreign  office. . . 

April  1, 1863 

Eeport  from  mayor  of  Liverpool.    Im- 
pression that  the  Phantom  is  meant 
to  run  the  blockade. 

168 

217 

6 

Treasury  to  foreign  office 

April  1, 1863 

Eeport  from    commissioners  of  cus- 
toms.   The  Phantom   adapted  for 
blockade-running,  but  not  for  war. 

170 

218 

7 

Earl  Eusseil  to  Mr.  Adams. .. 

April  3, 1863 

Communicating  result  of  inquiries. 
The  vessels  will  be  watched. 

170 

219 

8 

Mr.  Adams  to  Earl  Eusseil... 

April  6, 1863 

His    satisfaction    at   the   readiness 
shown  by  Her  Majesty's  govern- 
ment to  make  investigations. 

171 

219 

9 

do 

May  16, 1863 

Depositions  as  to  connection  of  Cap- 
tain Bullock  with  the  Phantom  and 

171 

oon 

V4\J 

her  fitness  for  warlike  purposes. 

10 

Foreign  office  to  treasury  and 

home  office. 
Earl  Eusseil  to  Mr.  Adams... 

May  15, 1863 
May  18,1863 

Inclosing  copy  of  above 

173 

221 

222 

11 

Has  forwarded  his  note  to  the  proper 

173 

departments. 

12 

Mr.  Adams  to  Earl  Eusseil. .. 

May  19, 1863 

Inclosing  further  deposition  on   the 
same  subject. 

173 

222 

13 

Earl  Eusseil  to  Mr.  Adams... 

May  19, 1863 

Acknowledging  receipt  of  his  note. .. 

174 

223 

14 

Foreign  office  to  treasury  and 

home  office. 
Treasury  to  foreign  office. 

May  19, 1863 

Forwarding  Mr.  Adams's  note. 

174 

223 

15 

May  23, 1863 

Eeport   from  commissioners  of   cus- 

175 

223 

toms  as  to  the  nature  of  the  Phan- 

tom.   The  solicitor  to  the  United 

States  consul  admits  that  there  is 

no  case  against  her. 

16 

Mr.  Adams  to  Earl  Eusseil. . . 

May  23, 1863 

Further  deposition  as  to  the  Phantom. 

176 

224 

17 

Foreign  office  to  treasury  and 

May  23, 1863 

Forwarding  above 

177 

225 

home  omce. 

18 

Earl  Eusseil  to  Mr.  Adams... 

May  23, 1863 

Acknowledging  receipt  of  his  note... 

177 

225 

19 

do 

May  27, 1863 

Communicating  particulars  obtained. 
Nothing  suspicious  has  transpired. 

177 

OOft 

<iti\> 

Solicitor  to  United  States  consul 

admits  that  there  is  no  case. 

20 

Treasury  to  foreign  office 

May  28, 1863 

Further  reports  from  customs  at  Liv- 
erpool.    The  vessel  is  not  fitted  for 
warlike  service.   Not  true  that  men 
in  uniform  were  on  board. 

178 

226 

21 

Earl  Eusseil  to  Mr.  Adams... 

May  30, 1863 

Conveying  substance  of  above  report. 

179 

227 

22 

Mr.  Adams  to  Earl  Eusseil... 

May  30, 1863 

Further  affidavits  as  to  connection  of 
the  vessel  with  persons  in  the  con- 
federate interest, 

179 

228 

23 

Earl  Eusseil  to  Mr.  Adams. . . 

June    1,1863 

Acknowledging  receipt  of  above 

181 

230 

24 

do 

June    3, 1863 

No  evidence  to  justify  action  against 
the  vessel. 

181 

230 

[107]  'PHANTOM.. 


No.  1. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United- States, 

London,  March  20,  1863.     (Received  July  27.) 
My  Lord  :  I  have  the  honor  to  transmit,  for  your  information,  the 
copy  of  an  extract  of  a  letter  received  by  me  from  Mr.     PHANTOM.-cone- 
Dudley,  the  consul  at  Liverpool,  giving  some  particulars  sp°ndence- 
of  hostile  outfits  making  at  that  place.    It  is  proper  to  add,  in  correction 
of  one  statement  therein  contained,  that  Mr.  Dudley  has  to-day  informed 
me  that  the  Southerner  has  not  yet  reached  Liverpool.    There  is  little 
doubt,  however,  of  its  ultimate  destination. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  in  No.  1.] 

Mr.  Dudley  to  Mr.  Adams. 

United  States  Consulate, 

Liverpool,  March  24,  1864. 

Sir  :  On  Saturday  last,  William  C.  Miller  &  Son  launched  from  their  yard  in  Liver- 
pool an  iron  screw-steamer  called  the  Phantom,  built  for  Fraser,  Trenholm  &  Co. 
This  vessel  is  large,  and  to  have  great  speed  ;  the  contract  is  not  less  than  seventeen 
nautical  miles  per  hour.  The  engines  are  being  made  by  Fawcett,  Preston  &  Co.  She 
has  three  port-holes  on  each  side.  Captain  Bullock,  Captain  Tessier,  Mr.  Prioleau,  (the 
leading  member  of  the  firm  of  Fraser,  Trenholm  &  Co.,)  Mr.  Thomas,  (of  the  firm  of 
Fawcett,  Preston  &  Co.,)  and  others,  were  present  at  the  launch.  She  is  intended  for 
the  South,  either  as  a  privateer  or  blockader.  There  is  no  doubt  about  this.  I  think 
she  will  turn  up  a  privateer.  Her  draught  of  water  will  be  light,  and  with  her  power- 
ful engines  her  speed  will  be  very  fast.  When  afloat  she  will  be  a  most  dangerous 
craft  to  our  commerce,  if  armed  with  two  or  three  guns. 

I  have  on  several  occasions  referred  to  the  steamer  built  at  Stockton  for  Fraser, 
Trenholm  &  Co.,  called  the  Southerner.  This  vessel  came  here  yesterday,  either  to 
load  or  else  to  fit  out  as  a  privateer.  There  is  no  doubt  about  this  vessel.  I  suppose 
it  will  be  impossible  for  me  to  obtain  legal  evidence  against  these  two  vessels,  and 
nothing  short  of  this  will  satisfy  this  government. 

I  am,  &c7, 

(Signed)  THOMAS  H.  DUDLEY,  Consul. 


*      No.  2. 

Earl  Russell  to  Mr.  Adams. 

•  Foreign  Office,  March  27,  1863. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter 
of  yesterday,    calling  attention    to  two    vessels,  the    Phantom   and 


216  TREATY    OF    WASHINGTON. 

[168]    Southerner,  supposed  to  be  *destined  for  the  service  of  the  so- 
called  Confederate  States ;  and  I  have  to  acquaint  you  that  the 

proper  departments  of  Her  Majesty's  government  will  be  requested  to 

make  immediate  inquires  on  the  subject. 
I  am,  &c, 
(Signed)  KUSSELL. 


No.  3. 

Mr.  Hammond  to  Mr.  Hamilton. l 

Foreign  Office,  March  27, 1863. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  a  copy  of  a  letter 
from  Mr.  Adams,  inclosing  an  extract  of  a  letter  from  the  United  States 
consul  at  Liverpool,  denouncing  two  vessels,  the  Phantom  and  the 
Southerner,  as  being  intended  to  be  fitted  out  as  privateers  for  the  ser- 
vice of  the  Confederate  States ;  and  I  am  to  request  that  you  will  move 
the  lords  commissioners  of  Her  Majesty's  treasury  to  cause  immediate 
inquiries  to  be  made  respecting  these  vessels,  and  to  adopt  whatever 
steps  may  legally  be  taken  in  regard  to  them. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  4. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  March  28, 1863. 

Sir  :  With  reference  to  my  letter  of  yesterday's  date,  1  have  the 
honor  to  inform  you  that  I  have  received  from  the  home  office  a  copy  of 
a  letter  which  has  been  addressed  to  the  mayor  of  Liverpool  respecting 
the  two  vessels  Phantom  and  Southerner,  stated  by  the  United  States 
consul  at  that  port  to  be  fitting  out  for  the  service  of  the  so-styled  Con- 
federate States. 

In  that  letter  the  mayor  of  Liverpool  is  instructed  to  make  immediate 
inquiries  as  to  these  vessels,  or  whichever  of  them  is  now  at  Liverpool, 
and  to  ascertain  whether  there  is  any  reason  to  believe  that  they,  or 
either  of  them,  are  or  is  being  equipped,  furnished,  fitted  out,  or  armed, 
with  the  intent  to  commit  hostilities  against  the  United  States  Govern- 
ment ;  and  if  so,  to  report  whether  any  evidence  on  oath  can  be  pro- 
cured in  order  to  proceedings  being  taken  under  the  foreign-enlistment 
act. 

1  have,  accordingly,  the  honor  to  suggest  that  as  the  United  States 
consul  at  Liverpool  has  stated  .in  his  letter  to  you  that  there  is  no  doubt 
with  respect  to  the  vessel  named  the  Southerner,  you  should  instruct 
that  officer  to  furnish  the  mayor  of  Liverpool  with  the  information  on 
which  his  belief  is  founded. 
I  am,  &c, 
(Signed)  .  EUSSELL. 


1  A  similar  letter  was  addressed  to  the  home  office. 


BRITISH    CASE    AND     PAPERS.  217 

:no.  5. 

Mr.  Bruce  to  Mr.  Hammond. 

[Immediate.]  % 

Whitehall,  April  1, 1863.     (Received  April  1.) 

Sir  :  With  reference  to  your  letter  of  the  27th  ultimo,  I  am  directed 
by  Secretary  Sir  George  Grey  to  transmit  to  you  herewith,  for  the  in- 
formation of  Earl  Russell,  a  copy  of  a  letter  from  the  mayor  of  Liver- 
pool, with  copies  of  the  reports  therein  referred  to,  relative  to  the  ships 
Phantom  and  Southerner,  supposed  to  be  fitting  out  for  the  service  of 
the  so-called  Confederate  States. 

1  am,  &c, 

(Signed)  H.  A.  BRUCE. 

ri69I  '  * [Iuclosure  1  in  ~No.  5.  J 

Mr.  Gardner  to  Mr.  Bruce. 

Town  Hall,  Liverpool,  March  31,  18G3. 
Sir  :  On  the  receipt  of  your  letter  of  the  27th  jnstant,  relative  to  the  ships  Phantom  and 
Southerner,  supposed  to  be  fitting  out  at  this  port  to  act  as  privateers  for  the  so-called 
Confederate  States  of  America/ and  inclosing  copy  of  letter  from  theAmerican  minis- 
ter to  Earl  Russell  and  extract  of  a  letter  from  the  American  consul  at  this  port,  I  have 
the  honor  to  state,  for  the  information  of  Sir  George  Grey,  that  I  immediately  placed 
these  communications  in  the  hands  of  our  head  constable,  and  now  forward  a  report  I 
have  received  from  him,  inclosing  a  report  made  to  him  by  the  two  detective  officers 
he  has  specially  employed  on  this  subject. 

You  will  observe  that  the  head  constable  states  that  he  will  cause  the  inquiry  to  be 
continued.  Acting  upon  your  suggestion,  I  directed  the  head  constable  to  communi- 
cate with  the  consul  for  the  United  States  at  this  port,  requesting  him  to  furnish  the 
information  on  which  he  grounds  the  statement,  "  there  is  no  doubt  about  one  of 
these  vessels,  named  the  Southerner." 

I  have,  &c, 

(Sigued)  R.  C.  GARDNER,  Mayor. 


[Inclosnre  2  in  Ko.  5.] 

Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

March  30,  ltf63. 
Detective  Constables  Lavcock  and  Smith  have  the  honor  to  report,  for  the  informa- 
tion of  the  head  constable,  that,  as  ordered  by  him,  they  have  made  careful  inquiry 
relative  to  the  two  ships,  the  Phantom  and  the  Southerner,  and  find  that  the  South- 
erner, though  expected,  has  not  yet  arrived  in  this  port,  but  that  the  ship  Phantom  was 
launched  on  Saturday,  the  21st  instant,  from  the  building-yard  of  W.  C.  Miller,  Sons 
&  Co.,  of  Liverpool,  and  the  engines  are  being  made  and  fitted  by  Messrs.  Fawcett, 
Preston  &  Co.,  of  this  town.  She  is  in  an  unfinished  state,  and  not  expected  to  pro- 
ceed to  sea  under  a  fortnight  or  three  weeks.  No  distinct  information  could  be  had  as 
to  what  she  is  intended  for,  but  a  strong  impression  exists  that  she  is  for  the  purpose 
of  running  the  blockade. 

(Signed)  J.  J.  GREIG,  Head  Constable. 


flnclosure  3  in  No.  5.J 
Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

March  30,  1803. 
The.  head  constable  has  the  honor  to  return  to  his  worship  the  mayor  the  inclosed 
communications  from  the  home  secretary,  the  United  States   minister,  and  the  United 


218  .  TREATY    OF    WASHINGTON. 

States  con  sul  at  this  port,  together  with  a  report  on  the  subject  thereof.  He  does  not 
see  how  evidence  on  oath  can  be  obtained  that  these  ships,  the  Southerner  and  Phan- 
tom, are  to  be  fitted  out  with  intent  to  commit  hostilities  against  the  Federal  Govern- 
ment of  the  United  States,  but  he  will  cause  the  inquiry  to  be  continued,  though  per- 
haps more  distinct  information  might  be  obtained  concerning  them  from  the  custom- 
house authorities  when  the  ships  are  about  to  clear  out. 

(Signed)  J.  J.  GREIG,  Head  Constable. 


[170]  *:no.  g. 

Mr,  Hamilton  to  Mr.  Hammond. 
[Immediate.] 

Treasury  Chambers, 
April  1,  1863.  (Eeceived  April  1.)  ' 
Sir  :  With  reference  to  your  letter  of  27th  ultimo,  I  am  commanded 
by  my  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you 
the  inclosed  copy  of  a  report  from  the  commissioners  of  customs,  dated 
31st  ultimo,  on  the  subject  of  the  two  vessels,  Phantom  and  Southerner, 
which  are  suspected  of  being  fitted  out  for  the  service  of  the  Confeder- 
ate States  of  America,  which  their  lordships  desire  me  to  request  you 
to  lay  before  Earl  Eussell. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  in  No.  6.] 
The  collector  of  customs  totlie  lords  commissioners  of  the  treasury. 

Your  lordships  having  referred  to  us  the  annexed  letter  from  Mr.  Hammond,  under- 
secretary of  state  for  foreign  affairs,  inclosing  copy  of  a  letter  from  the  American 
minister,  with  an  extract  of  a  communication  from  the  United  States  consul  at  Liver- 
pool with  reference  to  the  vessels  Phantom  and  Southerner,  which,  it  is  alleged,  are  to 
be  fitted  out  as  privateers  for  the  use  of  the  Confederate  States,  and  signifying  the  re- 
quest of  Earl  Russell  that  immediate  inquiries  might  be  made  respecting  these  vessels, 
and  such  steps  adopted  in  regard  to  them  as  might  be  legally  taken,  we  report  that 
on  receipt  of  your  lordships'  reference  we  instructed  our  collector  at  Liverpool  to  make 
immediate  inquiry  respecting  the  said  vessels,  and  to  report  the  result,  and  having  re- 
ceived the  report  of  that  officer  we  now  beg  leave  to  state  the  partipulars.  The  Phan- 
tom was  built  at  the  yard  of  Mr.  W.  C.  Miller,  and  is  now  in  the  Clarence  graving- 
dock  being  painted  ;  her  length  is  193  feet,  breadth  22,  and  depth  12  feet;  her  gross 
tonnage  321,  and  her  probable  register  tonnage  160.  From  the  considerable  space  ap- 
propriated to  her  engines  and  her  model  there  seems  to  be  no  doubt  a  high  rate  of 
speed  will  be  obtained ;  and  from  her  light  draught  of  water  the  surveyor  of  this  rev- 
enue is  of  opinion  she  is  well  adapted  for  running  the  blockade  ;  but  as  she  has  steel 
plates  only  half  an  inch  thick,  and  as  the  angle-irons  which  compose  the  deck-beams 
are  only  5  by  3£  inches  thick,  and  as,  moreover,  she  has  no  ports  except  for  water-way, 
(three  in  all,")  and  a  hurricane-house  on  deck,  he  considers  she  is  not  intended  to  carry 
guns,  and  that  she  is  not  fit  for  a  privateer. 

The  other  vessel,  the  Southerner,  has  not  yet  arrived  at  Liverpool,  but  on  her  arrival 
a  strict  watch  will  be  kept  on  her  as  well  as  upon  the  Phantom,  and  any  further  in- 
formation fit  for  your  lordships'  cognizance  will  be  forthwith  reported. 

(Signed)  '  THO.  F.  FREMANTLE. 

GRENVILLE  C.  L.  BERKELEY. 

Custom-House,  March  31, 18G3. 


BRITISH    CASE    AND    PAPERS.  .  219 

No.  7. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  3, 1863. 

Sir  :  Since  the  date  of  my  letter  of  the  27th  ultimo,  I  have  receiyed 
from  the  board  of  treasury  a  report  made  by  the  commissioners  of  cus- 
toms under  date  of  the  31st  ultimo,  and  from  the  secretary  of  state  of 
the  home  department,  a  report  from  the  mayor  of  Liverpool  bearing  the 
same  date,  containing  the  result  of  the  inquiries  made  by  them  in  regard 
to  the  vessels  Phantom  and  Southerner,  denounced  by  you  in  your  let- 
ter of  the  26th  ultimo,  as  intended  for  the  naval  service  of  the  so-called 
Confederate  States. 

It  appears  from  the  first  of  those  reports  that  the  Phantom  was  built 

at  the  yard  of  Mr.  W.  0.  Miller,  and  is  now  in  the  Clarence  grav- 

[171]    ing-dock.     Her  length  is  *193  feet,  her  breadth  22  feet,  her  depth 

12  feet,  her  gross  tonnage  321,  and  her  probable  register  tonnage 

160.  • 

From  the  considerable  space  appropriated  to  her  engines,  and  from 
her  model,  there  seems  to  be  no  doubt  a  high  rate  of  speed  will  be  ob- 
tained, and  from  her  light  draught  of  water  she  will  be  adapted  for  run- 
ning the  blockade ;  but  as  she  has  steel  plates  only  half  an  inch  thick, 
and  as  the  angle-irons  which  compose  her  deck-beams  are  only  5  by  3 J 
inches  thick,  and  as,  moreover,  she  has  tlo  ports  except  for  water-way, 
(three  in  all,)  and  a  hurricane-house  on- deck,  the  surveyor  of  customs 
considers  that  she  is  not  intended  to  carry  guns,  and  that  she  is  not  fit 
for  a  privateer. 

The  mayor  of  Liverpool  reports  that  the  Phantom  was  launched  on 
the  21st  of  March  from  the  yard  of  Messrs.  Miller  &  Co.,  and  that  her 
engines  are  being  made  and  fitted  by  Messrs.  Fawcett,  Preston  &  Co., 
of  Liverpool ;  that  she  is  in  an  unfinished  state,  and  not  expected  to 
proceed  to  sea  under  a  fortnight  or  three  weeks.  No  distinct  informa- 
tion could  be  obtained  as  to  what  she  is  intended  for,  but  a  strong 
impression  exists  that  she  is  destined  for  the  purpose  of  running  the 
blockade. 

The  Southerner  has  not  yet  arrived  at  Liverpool. 

A  strict  watch  will  be  kept  as  regards  both  vessels. 
I  am,  &c, 
(Signed)  KUSSELL. 


No.  8. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 

London,  April  6,  1863.  (Received  April  7.) 
My  Lord  :  I  have  the  honor  to  acknowledge  the  reception  of  notes 
from  your  lordship  dated  the  27th  and  the  31st  of  March,  and  two  of 
the  3d  of  April,  in  reply  to  certain  representations  of  mine  concerning 
the  vessels  believed  to  be  in  preparation  at  Liverpool  for  the  carrying 
on  of  hostilities  at  sea  against  the  commerce  of  the  United  States.  It 
is  a  source  of  great  satisfaction  to  me  to  recognize  the  readiness  which 
Her  Majesty's  government  has  thus  manifested  to  make  the  investiga- 
tions desired,  as  well  as  to  receive  the  assurances  of  its  determination 


220  .  TREATY    OF    WASHINGTON. 

to  maintain  a  close  observation  of  future  movements  of  an  unusual 
character  that  justify  suspicions  of  any  evil  intent. 

I  have,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


No.  9. 


Mr.  Adams  to  Earl  Russell. 


Legation  of  the  United  States, 
London,  May  16,  1863.  (Received  May  16 — 6.45  p.  m.) 
My  Lord  :  I  have  the  honor  to  transmit  to  you  copies  of  two  deposi- 
tions going  further  to  show  the  character  and  purposes  of  the  steamer 
Phantom,  concerning  which  I  have  already  made  some  representations 
in  my  note  to  your  lordshio  of  the  26th  of  March.  Not  doubting  that 
these  proceedings  have  already  attracted  the  attention  of  Her  Majesty's 
government, 

I  pray,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[In closure  1  in  2sTo.  9.] 
Deposition  of  Robert  Thomas. 

1.  Robert  Thomas,  of  Number  Three  Court,  Ann  street,  Toxteth  Park,  Liverpool,  in 
the  county  of  Lancaster,  police  constable  No.  379  of  the  borough  police,  make  oath 
and  say  as  follows : 

1.  I  do  duty  as  a  police  constable  at  the  Toxteth  docks,  Liverpool,  and  have 
[172]  *been  so  employed  for  the  last  three  years  and  upward.    I  know  the  ship- 
building yard  of  Messrs.  W.  C.  Miller  &  Sons,  ship-builders,  Liverpool,  which 
adjoins  to  the  dock,  and  has  an  entrance  into  the  dock. 

2.  About  live  months  ago  my  attention  was  drawn  to  a  ship  that  I  was  told  was  to 
be  made  of  steel  plates.  She  was  then  on  one  of  the  slips  in  Messrs.  Miller  &  Sons' 
yard,  and  had  only  her  ribs  up.  Since  that'  time  I  have  seen  her  from  day  to  day. 
She  is  now  lying  in  Toxteth  dock.  I  have  been  aboard  of  her  since  she  has  been  in 
the  dock.  She  is  entirely  cased  with  steel  plates.  There  are  three  port-holes  on  each 
side,  which  are  covered  with  steel  shutters.  She  is  fitted  with  a  screw.  There  are  no 
sleeping-bunks  for  the  crew,  and  very  little  room  in  her  for  cargo,  her  engines  and 
boilers  taking  up  most  of  the  room  ;  and  from  her  whole  appearance  I  am  able  to  say 
that  she  is  intended  for  war  purposes. 

3.  The  engines  are  being  fitted  by  Messrs.  Fawcett,  Preston,  &  Co.,  whose  men  have 
been  and  are  now  at  work  on  her. 

4.  I  know  Captain  Bullock,  who  went  out  with  the  Oreto,  which  vessel  I  remember 
when  in  Messrs.  Miller  &.  Sous'  yard,  who  built  her.  I  have  known  Captain  Bullock 
about  twelve  months,  and  have  seen  him  engaged  in  giving  directions  on  board  the 
Oreto,  the  Alexandra,  and  I  have  also  seen  him  upon  the  Phantom  very  often  superin- 
tending and  directing  the  workmen  who  were  engaged  upon  her.  I  saw  him  on  Tues- 
day last,  on  which  day  the  Phantom  went  out  of  the  Toxteth  dock  into  the  river  to  try 
how  the  screw  would  act.  I  was  then  standing  on  the  pier-head,  and  the  vessel  was 
close  to.  They  were  trying  her  screw  for  twenty  minutes  and  more.  There  were  present 
with  Captain  Bullock,  Mr.  Thomas  Miller,  one  of  the  firm  of  W.  C.  Miller  &  Sons,  Mr. 
Steers,  of  Fawcett,  Preston  &  Co.,  and  some  other  people  whom  I  don't  know.  I  heard 
Captain  Bullock  give  directions  as  to  the  vessel,  and  also  saw  him  examining  the 
screw  with  Mr.  Steers  and  Mr.  Miller.  I  spoke  to  Captain  Bullock  when  he  came  on 
shore,  and  asked  him  if  any  accident  had  happened  to  the  Phantom,  as  they  kept  her 
so  long  at  the  gate.  He  said,  no,  she  was  all  right.  The  Phantom  was  hauled  into  the 
dock  again  after  the  trial  was  over,  and  I  saw  her  there  last  night. 

5.  I  saw  the  said  Captain  Bullock  aud  Mr.  Thomas  Miller  again  last  night  looking  at 
the  Phantom  and  inspecting  the  progress  of  the  work.     The  men  are  very  busy  at 


BRITISH    CASE    AND    PAPERS.  221 

work  upon  her.    Her  engines  are  now  all  furnished,  and  there  is  little  to  he  done  he- 
fore  she  will  he  ready  for  sea. 

(Signed)  ROBERT  THOMAS. 

•    Sworn  at  Liverpool,  in  the  county  of  Lancaster,  the  14th  day  of  May,  1863,  hefore 
me. 

(Signed)  ARTHUR  ELLIS, 

A  Commissioner  to  administer  Oaths  in  the  Exchequer  of  Pleas  at  Westminster. 


[Inclosure  2  in  No.  9.] 
Deposition  of  William  Cozens. 

I,  William  Cozens,  of  No.  7  Lavan  street,  Liverpool,  in  the  county  of  Lancaster, 
detective  police  officer,  make  oath  and  say  as  follows: 

1.  I  have  heen  employed  for  the  last  several  weeks  watching  the  building  of  certain 
vessels  by  certain  parties  in  Liverpool  and  neighhorhood,  and  among  others  my  atten- 
tion has  been  called  to  a  vessel  built  by  Messrs.  W.  C.  Miller  &  Sons,  ship-builders, 
Liverpool,  which  vessel  is  called  the  Phantom. 

2.  I  saw  the  Phantom  lying  in  the  Clarence  dock-basin  the  first  week  in  April.  She 
remained  there  until  the  4th  of  May  instant,  when  she  was  taken  up  to  the  Toxteth 
docks. 

3.  During  the  time  the  Phantom  was  lying  in  the  Clarence  basin  I  frequently  saw  an 
engineer  named  William  Allen,  who,  I  am  informed  and  believe,  sailed  from  this  port 
as  the  chief  engineer  on  board  the  steamship  Oreto  in  March,  1862.  I  saw  also  the 
foreman  and  head  engineer  of  Messrs  Fawcett,  Preston  &  Co.  on  board  of  the  Phan- 
tom superintending  the  men  who  were  engaged  fitting  the  engines  and  boilers  on  her. 
I  observed  that  some  of  their  tools  and  machines  bore  Hie  intitial  marks  "  F.  P.  &  Co." 
I  also  saw  two  boilers  now  in  the  ship  being  taken  there  on  a  carriage  which  had  the 

name  of  Fawcett,  Preston  &  Co.  thereon. 
[173]     *4.  Since  the  Phantom  has  been  in  the  Toxteth  docks  I  have  seen  on  her 

machinery  the  initials  of  "  F.  P.  &  Co. ;"  and  on  Wednesday,  the  13th  May  instant , 
I  was  at  the  Toxteth  dock,  and  there  saw  Captain  Bullock  and  Mr.  Thomas  Miller,  one 
of  the  junior  partners  of  the  firm  of  Miller  &  Sons.  They  were  in  conversation,  and 
appeared  to  be  inspecting  the  ship  ;  and  after  they  ca^me  on  shore  they  remained  look- 
ing at  her  bow  and  talking  together  for  several  minutes. 

5.  The  Phantom  is  a  screw-steamer  of  about  200  feet  long.  She  is  steel-plated  all 
over,  and  has  three  port-holes  on  each  side.  She  draws  very  little  water,  not  more 
than  three  feet  forward  and  about  seven  or  eight  feet  aft.  She  has  very  little  room 
for  any  cargo,  and  appears  to  me  to  be  built  for  war  purposes.  They  are  fitting  her 
up  with  great  expedition.    Her  engines  are  finished,  and  she  is  almost  ready  for  sea. 

(Signed)  WM.  COZENS. 

Sworn  at  Liverpool,  in  the  county  of  Lancaster,  the  14th  day  of  May,  1863,  before 
me. 

(Signed)  ARTHUR  ELLIS, 

Commissioner  to  administer  Oaths  in  the  Exchequer  of  Pleas  at  Westminster. 


No.  10. 
Mr.  Hammond  to  Mr.  Hamilton.1 

Foreign  Office,  May  16, 1863. 
Sir  :  With  reference  to  my  letter  of  the  27th  of  March,  I  am  directed 
by  Earl  Russell  to  transmit  to  you,  to  be  laid  before  the  lords  commis- 
sioners of  Her  Majesty's  treasury,  a  copy  of  a  note  from  Mr.  Adams,2 
inclosing  copies  of  two  depositions  going*  Mr.  Adams  states,  further  to 
show  the  character  and  purpose  of  the  Phantom  steamer,  in  course  of 
construction  at  Liverpool ;  and  I  am  to  request  that  you  will  move  the 
lords  of  the  treasury  to  adopt  whatever  steps  may  legally  be  taken  in 
regard  to  this  vessel. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

lA  similar  letter  was  addressed  to  the  home  office.     2No.  9. 


222  TREATY    OF    WASHINGTON. 

No.    11. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  May  18,  1863. 
Sir  :  I  have  the  lienor  to  acknowledge  the  receipt  of  your  letter  of 
the  16th  instant,  inclosing  copies  of  two  depositions  going  further  to 
show  the  character  and  purposes  of  the  steamer  Phantom,  now  in 
course  of  construction  at  the  port  of  Liverpool ;  and  I  have  the  honor 
to  inform  you  that  I  have  lost  no  time  in  forwarding  copies  of  these 
papers  to  the  proper  departments  of  Her  Majesty's  government. 
I  have,  &c, 
(Signed)  RUSSELL. 


No.  12. 
Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London j  May  19,  1863.     (Received  May  19,  4  p.  m.) 
My  Lord  :  I  have  the  honor  to  transmit  the  copy  of  another  deposi- 
tion supplementary  to  that  which  I   submitted  to  your  consideration 
with  my  note  of  the  16th  instant,  relating  to  the  steamer  Phantom. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[174]  *[Inclosure  in  No.  12.] 

Deposition  of  Robert  Thomas. 

I,  Robert  Thomas,  of  Number  Three  Court,  Ann  street,  Toxteth  Park,  Liverpool,  in 
the  county  of  Lancaster,  police  constable,  make  oath  and  say  as  follows  : 

1.  On  Friday  last  I  went  on  duty  at  the  Toxteth  dock ;  about  half  past  9  o'clock  I 
saw  Captain  Bullock  coming  down  and  go  alongside  of  the  Phantom,  and  point  out  to 
one  of  the  foremen  of  Messrs.  W.  C.  Miller  &  Sons  something  that  required  to  be  done 
to  the  fore-part  of  the  vessel's  deck.  The  foreman  then  went  on  deck,  and  Captain 
Bullock  went  into  Messrs.  Miller's  yard ;  and  in  about  twenty  minutes  afterward  he 
came  out  with  Mr.  Thomas  Miller,  and  they  went  on  board  the  vessel,  and  remained 
there  some  time.  I  saw  him  with  one  of  the  foremen,  of  the  name  of  David  Runcan, 
fitting  on  the  hatchway  cover. 

2.  Captain  Bullock  had  a  roll  of  paper  in  his  hand,  which  I  believe  to  have  been  a 
plan  ;  and  he  was  inspecting  the  vessel,  and  from  time  to  time  referring  to  the  papei?;. 
and  he  was  thus  occupied  upward  of  two  hours. 

3.  During  the  whole  of  the  time  I  was  on  dut}7  at  the  dock  yesterday,  from  8  o'clock 
a.  m.  to  half  past  3  p.  m.,  Messrs.  Miller's  men  and  Messrs.  Fawcett,  Preston  &  Co.'s 
men  were  busily  engaged  on  the  vessel. 

4.  Captain  Bullock  was  also  at  the  vessel  at  half  past  8  o'clock  a.  m.  this  morning, 
inspecting  her  galley  and  other  portions  ;  he  had  with  him  the  same  paper,  and  was 
engaged  in  giving  directions  to  the  men  and  pointing  out  things  which  appeared  to  re- 
quire alteration.  I  was  not  near  enough  to  him  to  hear  what  these  directions  were, 
but  his  manner  was  such  as  to  leave  no  doubt  on  my  mind  that  he  was  pointing  out 
certain  things  which  did  not  tally  with  the  paper  he  had  in  his  hands. 

5.  I  had  some  conversation  with  one  of  the  engineers  in  the  employ  of  Fawcett, 
Preston  &  Co.,  whose  name  I  do  not  know,  but  who  has  been  continually  employed  on 
the  Phantom  ever  since  she  has  been  in  the  Toxteth  Dock ;  and,  in  reply  to  a  question 
of  mine  as  to  when  the  Phantom  was  going  to  sail,  he  said  he  did  not  know,  but  that 
she  was  going  to  leave  the  dock  on  Monday  to  try  her  engines,  as  she  was  all  finished 
except  just  oiling  her  engines. 

(Signed)  ROBERT  THOMAS. 

Sworn  at  Liverpool,  in  the  county  of  Lancaster,  the  16th  day  of  May,  1863,  before  me, 
(Signed)  ARTHUR  ELLIS, 

A  Commissioner  to  administer  Oaths  in  the  Exchequer  of  Pleas  at  Westminster. 


BRITISH  CASE  AND  PAPERS.  223 

No.  13. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  May  19, 1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
to  -day's  date,  inclosing'a  further  deposition  in  the  case  of  the  Phantom, 
and  I  have  to  inform  you  that  I  have  lost  no  time  in  referring  the  same 
to  the  proper  departments  of  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  RUSSELL. 

No.  14. 
Mr.  Hammond  to  Mr.  Hamilton.1 

[Pressing.] 

Foreign  Office,  May  19,  1863. 
Sir  :  With  reference  to  my  letter  of  yesterday's  date,  I  am  directed 
tyy  Earl  Russell  to  transmit  to  you,  to  be  laid  before  the  lords 
[1 75]  commissioners  of  Her  Majesty's    ^treasury,  a  copy  of  a  further 
letter,  and  its  inclosures,  from  Mr.  Adams  respecting  the  Phan- 
tom.2 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  15. 
Mr.  Hamilton  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers, 
May  23,  1863.     (Received  May  23,  6  p.  m.) 
Sir:  With    reference    to    your  letter   of   18th  instant,  I  am  com- 
manded by  the  lords  commissioners  of  Her  Majesty's  treasury  to  trans- 
mit to  you,  for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a 
report  from  the  commissioners  of  customs  on  the  subject  of  the  vessel 
Phantom,  which  has  been  suspected  of  being  fitted  for  the  warlike  ser- 
vice of  the  Confederate  States  of  America. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  in  Xo.  15.] 

The  commissioners  of  customs  to  the  lords  commissioners  of  the  treasury. 

Mr.  Hamilton  having,  by  his  letter  of  the  18th  instant,  transmitted  the  annexed 
letter  from  the  foreign  office,  with  its  inclosnres,  relating  to  the  ship  Phantom,  now  in 
course  of  construction,  apparently  for  warlike  purposes,  at  Liverpool,  and  signified  the 
desire  of  your  lordships  that  wTe  would  instruct  our  solicitor  to  take  such  steps  as  he 
may  advise  in  the  matter. 

1  A  similar  letter  wTas  addressed  to  the  home  office.     -  No.  12. 


224  TREATY    OF    WASHINGTON. 

*  • 

We  beg  to  refer  to  our  report  of  the  31st  March  last,  upon  a  former  letter  from  the 
foreign  office  inclosing  a  copy  of  a  letter  from  the  United  States  consul  at  Liverpool, 
with  reference  to  the  Phantom,  wherein  we  stated  the  result  of  the  inquiries  then 
made  by  our  directions  respecting  the  vessel,  which  was  as  follows  : 

The  Phantom  was  built  at  the  yard  of  Mr.  W.  C.  Miller,  and  was  in  the  Clarence 
graving-dock  being  painted,  her  length  being  193  feet,  breadth  22  feefc,  and  depth  12 
feet ;  her  gross  tonnage  321,  and  her  probable  register  tonnage  160.  From  the  consid- 
erable space  appropriated  to  her  engines  and  her  model,,there  seemed  to  us  to  be  no 
doubt  a  high  rate  of  speed  will  be  obtained  ;  and  from  her  light  draught  of  water,  the 
surveyor  to  this  revenue  is  of  opinion  she  is  well  adapted  for  running  the  blockade ; 
but  as  she  had  steel  plates  only  half  an  inch  thick,  and  as  the  angle-irons  which  com- 
pose the  deck  beams  are  only  5  by  3|  inches  thick  ;  and  as,  moreover,  she  had  no  ports 
except  for  water-way,  (three  in  all,)  and  a  hurricane-house  on  deck,  he  considered  she 
is  not  intended  to  carry  guns,  and  that  she  is  not  fit  for  a  privateer. 

That  immediately  on  the  receipt  of  the  present  reference  we  directed  our  collector  at 
Liverpool  to  call  upon  the  surveyor  to  report  upon  the  allegation  that  the  vessel  has 
port-holes,  and  to  state  whether  he  has  ascertained  any  further  particulars  respecting 
this  vessel ;  and  from  the  surveyor's  further  report,  it  appears  that  the  Phantom  has, 
as  previously  stated,  ports  on  deck,  but  it  is  evident  from  their  size  and  situation  that 
they  are  intended  for  the  escape  of  water,  and  not  for  guns,  which  the  strength  of  the 
deck  is  not  sufficient  to  carry ;  moreover,  the  permanent  fittings  on  deck  would  inter- 
fere with  the  working  of  guns. 

The  surveyor  states  that,  in  his  opinion,  the  vessel  is  intended  for  mercantile  pur- 
suits ;  but  whether  of  a  lawful  character,  or  for  running  the  blockade,  there  is  no 
evidence  to  show.  She  is  a  remarkably  smart  vessel,  and  is  well  adapted  for  a  mail  or 
dispatch  boat ;  and  he  further  observes  that  the  proceedings  on  board,  since  the  date 
of  his  former  report,  have  been  strictly  watched,  but  that  nothing  has  transpired 
worthy  of  special  notice. 

We  are  also  informed  that  the  Phantom  was  registered  at  Liverpool  on  the  21st 
instant  by  William  Thompson  Mann,  of  the  firm  of  Fawcett,  Preston  &  Co.,  engineers, 
&c,  at  the  port;  her  tonnage,  per  registry,  is  209T^  tons,  and  numbered  193  in 
[176]  the  books  of  the  present  year.  And  having  referred  the  report  of  our  *  officers 
at  Liverpool,  and  the  declarations  contained  in  the  annexed  papers  to  our  solici- 
tor, he  has  given  his  opinion  that  there  is  no  evidence  whatever  to  warrant  the  slightest 
interference  with  this  vessel.  Our  solicitor  has  also  stated  that  while  recently  at 
Liverpool  for  the  purpose  of  conducting  inquiries  into  the  case  of  the  Alexandra,  the 
vessel  now  in  question,  the  Phantom,  was  the  subject  of  a  private  conversation  between 
himself  and  Mr.  Squarey,  the  solicitor  to  the  American  consul ;  who  then  admitted  they 
had  no  case  against  the  vessel,  and  that  the  recoil  of  a  heavy  gun  would  shake  her  to 
pieces. 

With  these  observations,  we  beg  to  submit  the  case  for  your  lordships'  further 
consideration. 

(Signed)  THO.  F.  FREMANTLE, 

GRENV1LLE  C.  L.  BERKELEY. 

Custom-House,  May  22,  1863. 


No.  1G. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 

London,  May  23,  1863.     (Received  May  23.) 
My  Lord  :  I  have  the  honor  to  transmit  the  copy  of  another  deposi- 
tion relating  to  the  case  of  the  steamer  Phantom. 

At  the  same  time  I  seize  the  opportunity  to  mention  that  from  infor- 
mation received  by  the  consul  of  the  United  States  at  Liverpool,  I  am 
led  to  the  belief  that  preparations  are  actively  in  progress  for  the  expe- 
diting of  the  Sumter  from  that  port. 
I  prav,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


BRITISH   CASE   AND   PAPERS.  225 

[Inclosure  in  No.  16.] 

Deposition  of  John  Be  Costa. 

I,  John  De  Costa,  of  Liverpool,  in  the  connty  of  Lancaster,  shipping  agent  and 
steam-tug  owner,  make  oath  and  say  as  follows 

1.  On  Tuesday  last,  about  12  o'clock  noon,  I  was  on  the  river  wall  near  the  Sandon 
basin,  seeing  a  crew  I  had  shipped  on  board  the  Calhoun,  and  as  the  Calhoun  got  into 
the  river,  I  saw  a  screw  steamer,  which  has  been  built  by  Messrs.  W.  C.  Miller  &  Sons, 
of  this  town,  and  called  the  Phantom,  coming  down  the  river,  and  come  alongside  the 
river- wall  close  to  where  I  was  standing,  and  subsequently  she  went  into  the  Sandon 
dock ;  she  appeared  as  if  she  had  been  on  a  trial  trip. 

2.  I  saw  on  board  of  the  Phantom  Mr.  Mann,  of  the  firm  of  Fawcett,  Preston,  & 
Co.,  who  supplied  and  fitted  the  engines  on  board  the  Phantom  ;  Mr.  Thomas  Miller, 
one  of  the  firm  of  W.  C.  Miller  &  Sons,  who  built  her.  They  were  on  the  forecastle 
giving  orders,  and  Captain  Tessier,  who  is  employed  by  Messrs.  Frazer,  Trenholm 
&  Co.,  and  a  pilot,  were  on  the  bridge,  the  former  being  in  command  of  the  vessel, 
and  giving  orders.  There  were  also  several  men  on  board  in  blue  uniform,  with  gilt 
buttons. 

(Signed)  '  JOHN  DE  COSTA. 

Sworn  at  Liverpool,  in  the  county  of  Lancaster,  this  20th  day  of  May,  before  me. 
(Signed)  JAS.  THORNELEY, 

A  Commissioner  for  taking  Affidavits  in  the  Court  of  Exchequer  at  Westminister. 


[177]  *No.  17. 

Mr.  Hammond  to  Mr.  Hamilton.1 

[Pressing.] 

Foreign  Office,  May  23, 1863. 
Sir  :  With  reference  to  my  letter  of  the  19th  instant  I  am  directed 
by  Earl  Enssell  to  transmit  to  you,  to  be  laid  before  the  lords  commis- 
sioners of  Her  Majesty's  treasury,  copies  of  a  further  letter  and  its 
inclosure  from  Mr.  Adams  respecting  the  Phantom,2  and  stating  that 
the  Sumter  is  being  prepared  for  sea. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  18. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  May  23, 1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
to-day's  date  respecting  the  Phantom,  and  stating  that  you  have  been 
informed  that  the  Sumter  is  being  equipped  for  sea ;  and  I  have  lost  no 
time  in  forwarding  copies  of  these  papers  to  the  proper  departments  of 
Her  Majesty's  government. 
I  have,  &c, 

(Signed)                                                                        EUSSELL. 
\ , — — , — 

1  A  similar  letter  was  addressed  to  the  home  office.  2  No.  15. 

H.  Ex.  282,  vol.  ii 15 


226  TREATY    OF   WASHINGTON. 

No.  19. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  May  27, 1863. 

Sir  :  I  bad  the  honor,  in  my  note  of  the  3d  ultimo,  to  communicate 
to  you  the  result  of  the  inquiries  which  had  been  instituted  by  Her 
Majesty's  government  on  the  receipt  of  your  letter  of  the  26th  of  March, 
in  which  you  denounced  the  Phantom  steamer  as  being  in  course  of 
construction  at  Liverpool  as  a  vessel  of  war  for  the  service  of  the  so- 
styled  Confederate  States. 

The  evidence  which  I  was  then  able  to  lay  before  you  seemed  to  show 
that  you  had  been  misinformed  in  this  respect ;  but  as  the  depositions 
inclosed  in  your  letters  of  the  16th,  19th,  and  23d  instant  appeared  to 
call  for  further  inquiry,  Her  Majesty's  government  did  not  lose  a  mo- 
ment in  causing  such  further  inquiry  to  be  made  ;  and  I  now  proceed 
to  communicate  to  you  the  result. 

First,  with  regard  to  the  allegation  that  the  Phantom  has  port-holes. 
The  collector  at  Liverpool  has  obtained  from  the  surveyor  a  report  from 
which  it  appears  that,  though  the  Phantom  has  ports  on  deck,  it  is 
evident  from  their  size  and  situation  that  they  are  intended  for  the  es- 
cape of  water,  and  not  for  guns,  which  the  strength  of  the  deck  is  not 
sufficient  to  carry ;  moreover,  the  permanent  fittings  on  deck  would 
interfere  with  the  working  of  guns. 

The  surveyor  adds  that  in  his  opinion  the  Phantom  is  intended  for 
mercantile  pursuits,  but  whether  of  a  lawful  character  or  for  running 
the  blockade  there  is  no  evidence  to  show. 

Second.  The  commissioners  of  customs,  since  the  date  of  my  last  let- 
ter, have  caused  a  strict  watch  to  be  kept  upon  the  Phantom,  but 
nothing  has  transpired  worthy  of  special  notice ;  and  the  several  papers 
in  regard  to  this  vessel,  including  the  depositions  forwarded  by  you, 
having  been  submitted  to  the  legal  adviser  of  that  board,  he  has  re- 
ported that  there  is  no  evidence^  to  warrant  the  slightest  interference 
with  her.  Indeed  it  is  stated  that,  during  a  recent  interview  between 
that  officer  and  Mr.  Squarey,  the  solicitor  of  the  United  States  consul 
at  Liverpool,  Mr.  Squarey  admitted  that  there  was  no  case  against  the 
Phantom,  and  that  the  recoil  of  a  heavy  gun  would  shake  her  to  pieces. 
I  am,  &c, 
(Signed)  RUSSELL. 


[178J  *]STo.  20. 

Mr.  'Arbuthnot  to  Mr.  Hammond. 
[Immediate.] 

Treasury  Chambers, 
May  28,  1863.  (Received  May  28,  4  p.  m.) 
Sir  :  With  reference  to  your  letter  of  19th  instant,  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to 
you,  for  the  information  of  Earl  Russell,  the  inclosed  copies  of  a  letter 
from  the  board  of  customs,  of  a  letter  from  the  collector  of  customs  at 
Liverpool,  and  of  its  inclosures,  relating  to  the  vessel  Phantom,  which 


BRITISH    CASE    AND    PAPERS.  227 

is  suspected  of  being  intended  for  the  service  of  the  Confederate  States 
of  America. 

I  am,  &c, 

(Signed)  GL  ARBUTHNOT. 


^  Enclosure  1  in  !N"o.  20.] 

Mr.  Gardner  to  Mr.  Peel. 

Custom-House,  May  27,  1863. 
Sir  :  With  reference  to  your  two  letters,  dated  the  25th  instant,  inclosing  farther 
correspondence  on  the  subject  of  the  vessel  Phantom,  which  is  suspected  to  be  intended 
for  the  service  of  the  Confederate  States  of  America,  and  in  one  of  which  letters  allu- 
sion is  made  to  the  vessel  Gibraltar,  formerly  the  Sumter,  suspected  of  being  intended 
for  the  same  service,  I  am  directed  to  acquaint  you,  for  the  information  of  the  lords 
commissioners  of  Her  Majesty's  treasury,  that  the  solicitor  to  this  revenue  has  reported 
that,  as  regards  the  Phantom,  there  is  no  evidence  to  show  that  the  vessel  is  intended 
to  be  used  as  a  ship  of  war  against  the  United  States,  in  the  absence  of  which  a  seizure 
on  surmise  might  lead  to  useless  trouble  and  expense. 

I  am  at  the  same  time  to  transmit,  for  their  lordships'  information,  the  accompany- 
ing copy  of  a  report  of  the  collector  of  customs  at  Liverpool,  and  its  inclosures,  in 
reply  to  the  board's  inquiries  respecting  both  of  the  above  vessels.     The  papers  which 
accompanied  your  letters  are  herewith  returned. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER, 

/Secretary. 


[Inclosnre  2  in  No.  20.  J 

Mr.  Morgan  to  Mr.-  Edwards. 

[Extract.] 

Liverpool,  May  26,  1863. 

Referring  to  the  deposition  of  Mr.  de  Costa,  I  have  no  objection  to  offer  to  the  state- 
ment that  the  steamer  Phantom  was  seen  in  the  river  on  Tuesday  last,  removing  from 
the  Toxteth  to  the  London  graving-dock,  with  Mr.  Mann,  (the  owner,)  Mr.  Thomas 
Miller,  (the  son  of  her  builder,  but  not  one  of  the  firm,)  a  pilot,  and  Mr.  Tessier,  her 
master,  on  board.  It  is  not,  however,  correct  that  there  were  several  men  on  board  in 
blue  uniforms  with  gilt  buttons,  as  stated,  the  fact  being  that  there  was  no  one  on 
on  board  so  attired.  I  have  no  further  remarks  to  offer  as  to  the  intentions  of  the 
owners  concerning  her,  but  I  may  remark  that  it  is  difficult  to  account  for  any  one  at 
all  familiar  with  the  construction  and  fittings  of  vessels  for  warlike  service  supposing; 
that  she  is  intended  for  that  purpose  ;  for  her  hull  is  of  the  most  fragile  character  that 
can  be  conceived  for  a  sea-going  vessel,  her  steel  plates  being  but  a  quarter  of  an  inch' 
thick,  and  her  iron  frame  of  the  same  proportion. 

She  is  now  laden  with  one  hundred,  and  ninety-four  tons  of  coal,  and  it  is  stated  that 
she  is  bound  to  Nassau,  for  which  she  will  leave  in  two  or  three  days. 

It  will  be  in  your  recollection  that  Mr.  Tessier,  her  commander,  was  master  of  the 
Bahama,  that  has  the  reputation  of  taking  out  the  armament  of  the  Alabama. 

[For  inclosures  3  and  4  see  correspondence  relating  to  the  Sumter.] 


179]  *]sro.  21. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  May  30, 1863. 
Sir  :  With  reference  to  my  letter  of  the  27th  instant,  respecting  the 
steamer  Phantom,  I  have  now  the  honor  further  to  state  to  you,  as 
regards  the  deposition  of  Mr.  de  Costa,  which  was  inclosed  in  your  let- 


228  TREATY    OF    WASHINGTON. 

ter  of  the  23d  instant,  that  Her  Majesty's  government  learn  from  a 
report  of  the  surveyor  at  Liverpool  that  it  is  true  that  that  vessel  was 
in  the  Mersey  on  the  19th  instant,  removing  from  the  Toxteth  to  the 
London  graving-dock,  with  Mr.  Mann,  (her  owner,)  Mr.  Thomas  Miller, 
(the  son  of  her  builder,  but  not  one  of  the  firm,)  a  pilot,  and  Mr.  Tes- 
sier  on  board ;  but  that  it  is  not  correct  that  there  were  several  men  on 
board  in  blue  uniform  with  gilt  buttons,  the  fact  being  that  there  was 
no  one  on  board  so  attired. 

The  surveyor  further  observes  that  it  is  difficult  for  any  one  at  all 
familiar  with  the  construction  and  fittings  of  vessels  intended  for  war- 
like purposes  to  account  for  the  supposition  that  the  Phantom  is  des- 
tined for  such  a  service,  her  hull  being  of  the  most  fragile  character 
that  can  be  conceived  for  a  sea-going  vessel,  her  steel  plates  being  but 
a  quarter  of  an  inch  thick,  and  her  iron  frame  of  the  same  proportion. 

With  reference  to  the  Gibraltar  or  Sumter,  which  you  say  you  are 
informed  is  being  prepared  for  sea,  I  have  the  honor  to  state  to  you  that 
the  report  from  the  surveyor  as  to  that  vessel  agrees  with  the  informa- 
tion which  has  reached  you  so  far  as  relates  to  her  being  prepared  for 
sea.  He  moreover  adds  that  all  fittings  for  warlike  purposes  have  been 
removed  from  her  since  she  obtained  her  British  registry,  and  that  he 
has  private  information  that  it  is  not  intended  to  refit  her  as  a  vessel  of 
war. 

I  am,  &c, 

(Signed)  EUSSELL. 


TSo.  22. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 

London,  May  30,  1863.     (Received  May  31.) 
My  Lord  :  T  have  the  honor  to  transmit  copies  of  a  letter  from  the 
consul  of  the  United  States  at  Liverpool,  and  of  two  more  depositions 
relating  to  the  case  of  the  Phantom.     I  do  not  presume  that  they  will 
have  any  effect  in  varying  the  reply  already  given  to  my  former  repre- 
sentations in  your  lordship's  note  of  the  27th  instant.     Notwithstanding 
the  report  made  concerning  the  objects  of  that  vessel,  1  greatly  fear 
that  she  will  turn  up  in  America  much  in,  the  character  of  the  G-eorgi- 
ana.     I  can  only  hope,  for  the  sake  of  the  harmony  of  both  countries, 
that  she  may  meet  with  the  same  fate. 
1  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  1  in  No.  22.] 
Mr.  Dudley  to  Mr.  Adams. 

United  States  Consulate, 

Liverpool,  May  28,  1863. 
Sir:  I  have  the  honor  to  inclose  you  two  more  affidavits  about  the  steamer  Phantom, 
now  in  this  port.  This  vessel  made  another  trial-trip  on  Tuesday,  returning  yesterday. 
I  am  informed  she  is  to  he  a  privateer  for  the  so-called  southern  confederacy.  I  am 
satisfied,  from  what  I  hear  of  this  craft,  that  she  will  arm  either  at  this  or  some  other 
port,  and  cruise  against  the  Government  of  the  United  States.    The  Hamilton  referred 


BRITISH    CASE    AND    PAPERS.  229 

to  in  the  affidavits  as  being  on  board  is  John  Randolph  Hamilton,  of  South  Carolina 
an  officer  belonging  to. the  navy  of  the  so-called  southern  confederacy,  sent  over  here 

by  that  government  as  an  assistant  to  Captain  Bullock,  to  aid  in  fitting  out  and 
[180]  building  naval  vessels  for  the  insurgents.     *Captain  Tessier  is  the  same  man 

who  took  out  the  armament  to  the  Oreto,  now  called  the  Florida,  built  by  the  same 
parties  who  built  the  Phantom,  and  who  took  out  from  Liverpool  a  part  of  the  arma- 
ment and  Captain  Semmes  to  the  steamer  Alabama.  She  is  to  sail  on  Saturday  or 
Sunday  next. 

The  steamer  Sumter,  now  called  the  Gibraltar,  I  understand,  is  to   sail  on  Sunday  or 
Monday  next.    I  think  this  vessel  will  also  prove  to  be  a  privateer. 

I  am,  &c, 

(Signed)  THOMAS  H.  DUDLEY. 


[Inclosure  2  in  No.  22.] 
Deposition  of  Henry  Redden. 

I,  Henry  Redden,  of  16  Hook  street,  Liverpool,  mariner,  do  solemnly  declare  and  say 
as  follows :  I  know  the  steamer  Phantom,  lately  built  by  Messrs.  William  C.  Miller  & 
Sons  at  Liverpool.  Said  vessel  went  on  a  trial-trip  on  Tuesday  evening  last,  the  26th 
instant,  and  returned  yesterday  evening.  I  was  on  the  Wellington  pier  when  she 
came  in  and  saw  her.  I  passed  the  ropes  to  help  her  into  dock.  She  was  in  command 
of  Captain  E.  L.  Tessier,  to  my  own  personal  knowledge  the  same  man  who  formerly 
commanded  the  steamer  Bahama,  and  who  conveyed  part  of  the  armament  to  and 
assisted  to  fit  out  the  Alabama,  or  290,  at  Terceira.  I  was  close  to  said  steamer  when 
she  came  to  the 'pier,  and  could  distinguish  any  person  on  board  of  her  and  speak  with 
him.  There  were  seven  gentlemen  on  board.  I  know  one  of  them  to  be  one  of  the 
firm  of  Fawcett,  Preston  &  Co.,  two  of  the  firm  of  Fraser,  Trenholm  &  Co.,  and  a 
small  man  I  heard  addressed  as  Mr.  Hamilton.  The  Captain,  Tessier,  asked  me  how  I 
would  like  to  go  in  the  vessel.  I  told  him  I  would  not  go.  He  said  she  would  sail  on 
Saturday  night  or  Sunday  morning.  He  said  that  to  the  dock-master  in  my  hearing. 
The  crew  on  board  told  me  they  were  engaged  for  Nassau.  That  they  had  been  ship- 
ped on  board  the  vessel,  and  not  at  the  Sailors'  Home.  That  they  had  £4  a  month,  and 
one  month  in  advance.     Said  vessel  is  adjusting  her  compasses  to-day. 

And  I  make  this  solemn  declaration,  conscientiously  believing  the  same  to  be  true, 
and  by  virtue  of  the  provisions  of  an  act  made  and  passed  in  the  sixth  year  of  the 
reign  of  his  late  Majesty  William  George  the  Fourth,  entitled,  "An  act  to  repeal  an  act 
of  the  present  session  of  Parliament,  intituled,  'An  act  for  the  more  effectual  abolition 
of  oaths  and  affirmations  taken  and  made  in  various  departments  of  the  state,  and  to 
substitute  declarations  iu  lieu  thereof,  and  for  the  more  entire  suppression  of  voluntary 
and  extra-judicial  oaths  and  affidavits,  and  to  make  other  provisions  for  the  abolition 
of  unnecessary  oaths.' " 

(Signed)  HENRY  REDDEN. 

Declared  and  subscribed  at  Liverpool  the  28th  day  of  May,  1863,  before  me, 
(Signed)  J.  PEARSON, 

A  Commissioner  to  administer  Oaths  in  Chancery  in  England. 


[Inclosure  3  in  ~8o.  22.] 
Deposition  of  Matthew  Maguire. 

Borough  of  Liverpool,  to  wit: 

I,  Matthew  Maguire,  of  Liverpool,  in  the  county  of  Lancaster,  in  the  United  King- 
dom of  Great  Britain  and  Ireland,  commission  agent,  do  solemnly  and  sincerely  declare 
that  on  the  evening  of  yesterday,  the  27th  instant,  about  5  o'clock,  I  saw  the  steamer 
Phantom,  lately  built  at  this  port  by  Messrs.  William  C.  Miller  &  Sons,  return  from  a 
trial-trip,  and  saw  Mr.  Mann,  one  of  the  firm  of  Fawcett,  Preston  &  Co.,  and  Mr.  Ham- 
ilton, an  American,  who  are  well  known  to  me,  on  board  of  her.  There  were  several 
others  on  board,  one  of  whom-I  believe  to  be  one  of  the  firm  of  Fraser,  Tren- 
[181]  holm  &  Co.,  but  am  not  sure.  Captain  E.  L.  ''Tessier,  who  is  also  well  known 
to  me,  was  also  on  board  said  steamer  acting  as  master  of  her. 

And  I  make  this  solemn  declaration,  conscientiously  believing  the  same  to  be  true, 
and  by  virtue  of  the  provisions  of  an  act  made  and  passed  in  the  sixth  year  of  the 
reign  of  his  late  Majesty  King  William  the  Fourth,  entitled  "An  act  to  repeal  an  act 


230  TREATY    OF    WASHINGTON. 

of  the  present  session  of  Parliament,  iutituled  'An  act  for  the  more  effectual  abolition 
of  oaths  and  affirmations  taken  and  made  in  various  departments  of  the  state,  and  to 
substitute  declarations  in  lieu  thereof,  and  for  the  more  entire  suppression  of  voluntary 
and  extra-judicial  oaths  and  affidavits,  and  to  make  other  provisions  for  the  abolition 
of  unnecessary  oaths.' " 

(Signed)  MATTHEW  MAGUIRE. 

Declared  and  subscribed  at  Liverpool  the  28th  day  of  May,  1863,  before  me, 
(Signed)  HENRY  C.  DUNCAN, 

A  Commissioner  to  administer  Oaths  in  Chancery  in  England. 


No.  23. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  June  1, 1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  10th  ultimo,  inclosing  further  depositions  respecting  the  Phantom. 
I  am,  &c, 
(Signed)  EUSSELL. 


No.  24. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  June  3,  1863. 
Sm :  With  reference  to  my  letter  of  the  1st  instant,  I  have  the  honor 
to  state  to  you  that  Her  Majesty's  government  have  fully  considered, 
in  communication  with  the  law-officers  of  the  Crown,  the  various  papers 
submitted  by  you,  including  the  depositions  inclosed  in  your  letter  of 
the  30th  ultimo,  relative  to  the  case  of  the  Phantom,  together  with  the 
information  which  has  been  obtained  by  the  board  of  treasury  and  by 
the  home  office  on  this  same  matter,  and  that  it  appears  to  Her  Majes- 
ty's government  that  no  sufficient  evidence  has  yet  been  produced  to 
warrant  them  in  taking  any  action  with  respect  to  that  steam- vessel. 

I  am,  &c, 

(Signed)  EUSSELL. 


1183]  'SOUTHERNER, 


[184] 


*  TABLE  OF  CONTENTS. 


5 

a 

From  whom  and  to  whom. 

Date. 

Subject. 

ll 

Ti  3 

fi  o 
033 

1 

Home  office  to  foreign  office. .. 

Apr.  11,1863 

Police  reports  respecting  fitting  out 
of  vessels  at  Liverpool  for  service 
of  Confederate  States. 

Page. 
185 

Page. 
235 

2 

Mr.  Adams  to  Earl  Russell 

June    3,1863 

Southerner  fitted  out  at  Stockton-on- 
Tees    for  confederate  government. 
Inclosing  two  depositions. 

187 

237 

3 

Foreign  office  to  treasury  and 
home  office. 

June    4,1863 

To  telegraph  to  authorities  at  Stock- 
ton,   Middlesborough,    Hartlepool, 
and  Liverpool,  to  watch  the  South- 

190 

240 

4 

Earl  Russell  to  Mr.  Adams  . . . 

June    4,1863 

Treasury  and  home  office  have  been 
communicated  with. 

190 

240 

5 

Foreign  office  to  treasury 

June    4,1863 

Forwarding  copy  to  Mr.  Adams's  note. 

191 

241 

6 

Union  and  Emancipation  Soci- 

June   5,1863 

Information    respecting    Southerner 
and  vessel  building  at  Glasgow. 

191 

241 

ety  to  foreign  office 

7 

Foreign  office  to  Treasury  and 

home  office. 
Foreign  office  to  Union   and 

June    6, 1863 

Sending  copy  of  the  above 

192 

242 

8 

June    6,1863 

Acknowledgiug  receipt  of  the  above. 

192 

242 

Emancipation  Society. 

9 

Treasury  to  ibreign  office 

June    8,1863 

Directions  given  as  to  Southerner 

192 

243 

10 

Home  office  to  foreign  office. . . 

June    8, 1863 

Letter  from  mayor  of  Stockton.    Ves- 
sel has  left  for  Hartlepool  and  Liver- 
pool. 

Arrival  of  Southerner  at  Hartlepool. 

193 

244 

11 

Treasury  to  foreign  office  ..... 

June    8,1863 

194 

245 

Report  of  collector. 

12 

Home  office  to  foreign  office^. . . 

June    8,1863 

Southerner    arrived    at    Hartlepool. 
Expected  at  Liverpool. 

195 

246 

13 

Law-officers  to  foreign  office. . . 

June    9,1863 

Vessel  may  be  watched.    No  evidence 
to  warant  seizure. 

197 

247 

14 

Home  office  to  foreign  office . . . 

June  10, 1863 

Report   from    mayor  of  Hartlepool. 
Captain  Butcher  in    command    of 
the  vessel. 

198 

248 

15 

Treasury  to  foreign  office 

June  10, 1863 

Declaration   made  by  United  States 
consul  at  Newcastle.    No  evidence 
to  justify  seizure  of  the  vessel. 

198 

249 

16 

Foreign  office  to  treasury 

June  11, 1863 

Southerner  should  be  examined  by  an 
admiralty  surveyor  at  Liverpool. 

200 

250 

17 

Treasury  to  foreign  office 

June  11, 1863 

Further    report    from    collector    at 
Hartlepool,  with  report  of  surveyor. 

200 

251 

Nothing  found  to  justify  detention. 

18 

Foreign  office  to  treasury  and 
home  office. 

June  11, 1863 

Forwarding  opinion  of  law-officers  . . . 

202 

253 

19 

Treasury  to  foreign  office 

June  12, 1863 

Instructions  Ejiven  in  accordance  with 
opinion  of  law-officers. 

203 

253 

20 

Earl  Russell  to  Mr.  Adams 

June  12, 1863 

No  evidence  has  as  yet  been  furnished 
to  warrant  the  seizure  of  the  ves- 
sel.   She  will  be  watched. 

203 

253 

21 

Law-officers  to  foreign  office  . . 

June  13, 1863 

As  to  further  information  obtained. 

Adhere  to  former  opinion. 
Admiralty  officer  will  be  instructed 

203 

254 

22 

Treasury  to  foreign  office 

June  15, 1863 

.    204 

255 

to  assist  the  customs  officers  in  ex- 

amining the  Southerner  at  Liver- 
pool. 
Report  of  police  officer  at  Liverpool. 

23 

Home  office  to  foreign  office . . . 

June  22, 1863 

204 

255 

Arrival'of  Southerner. 

24 

do 

June  23, 1863 
June  25, 1863 

Further  report 

205 

256 
256 

25 

Treasury  to  foreign  office 

Report  of  admiralty  officer.    Vessel 

205 

not  apparently  intended  for  bellig- 

erent purposes. 

26 

do : 

June  29, 1863 

Similar  report  from  customs  surveyor 
at  Liverpool. 

206 

257 

27 

Home  office  to  foreign  office. . . 

June  29, 1863 

Further  report  from  police  officer  at 
Liverpool.    Is  it  necessary  to  con- 

207 

257 

tinue  to  watch  the  vessel? 

28 

Earl  Russell  to  Mr.  Adams 

July    3,1863 

Result  of  examination  of  Southerner. 
Nothing  to  warrant  suspicion    of 

208 

259 

29 

Mr.  Dayton  to  Mr.  Seward 

Oct.     6, 1863 

belligerent  purposes. 
The  Southerner  is  engaged  in  carry- 
ing cotton  from  Egypt  to  England. 

209 

260 

[185]  ^SOUTHERNER. 


No.  1. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  April  11, 1863.  (Received  April  11.) 
Sir  :  With  reference  to  the  previous  correspondence  on  the  subject,1 
I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  SouTHEBJnni_cor- 
you  herewitb,  to  be  laid  before  Earl  Russell,  a  copy  of  a  resp°ndence- 
letter  from  the  town  clerk  of  Liverpool,  inclosing  a  report  of  the  head 
constable,  of  the  proceedings  in  reference  to  the  vessels  supposed  to  be 
fitting  out  at  that  port  for  the  service  of  the  so-called  Confederate 
States.  • 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[Inclosure  1  in  No.  1.] 

Mr.  Shuttleworth  to  Mr.  Bruce. 

Town  Hall,  Liverpool,  April  8,  1863. 
Sir  :  Referring  to  your  communications  on  the  subject  of  the  vessels  supposed  to  be 
fitting  out  at  this  port  to  act  as  privateers  against  the  commerce  of  the  United  States, 
and  to  the  reports  from  the  police  forwarded  to  you  on  the  31st  ultimo  and  2d  instant, 
I  have  now  the  honor,  in  the  temporary  absence  of  the  mayor,  to  inclose  a  report  just 
received  from  Major  Greig,  our  head  constable,  which  details  the  course  which  has 
been  adopted  by  the  mayor,  who  has  instructed  me  to  forward  to  you  upon  all  occa- 
sions, with  the  least  possible  delay,  any  information  which  may  be  received ;  and  this 
shall  be  carefully  attended  to,  and  the  reports,  as  received  from  the  head  constable, 
forwarded  to  you  at  once. 
I  have,  &c, 
(Signed)  WM.  SHUTTLEWOETH, 

Town  Cleric. 


[Inclosure  2  in  No.  1.] 

Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

April  8,  1863. 
The  head  constable  has  the  honor  to  report,  for  the  information  of  his  worship  the 
mayor,  in  reference  to  vessels  believed  to  be  fitting  out  in  this  port  to  act  against  the 
Federal  Government  of  the  United  States  of  America,  that  on  the  28th  ultimo,  he 
addressed  a  communication  to  the  American  consul  here,  of  which  the  following  is  a 
copy  : 

"  Saturday,  March  28,  1863. 

"  Sir  :  The  mayor  has  placed  in  my  hands  a  communication  which  he  has  received 

from  the  secretary  of  state,  for  the  home  department,  inclosing  copy  of  a  letter  from 

the  American  minister  to  Earl  Russell,  who  transmits  therewith  a  letter  from  you  to 

the  minister  relative  to  the  steamers  called  the  Phantom  and  the  Southerner.    As  to 

^ , __. 

1  See  correspondence  respecting  the  Phantom. 


236  TREATY    OF    WASHINGTON. 

the  Southerner, 'There  is  no  doubt  about  this  vessel.'    I  shall  cause  most  careful  in- 
quiry to  be  made  in  reference  to  the  vessels;  but  in  reference  to  your  words 
[186]  above  quoted,  I  *  should  be  obliged  if  you  would  furnish  me  with  the  informa- 
tion on  which  your  belief  is  founded.  / 
"  I  am,  &c, 
(Signed)  "J.  J.  GREIG, 

"  Head  Constable. 
"  Thomas  H.  Dudley,  Esq., 

"  American  Consul." 

In  furtherance  of  this  object  the  head  constable  detailed  two  officers  of  the  detective 
department  to  place  themselves  in  communication  with  the  consul,  and  make  diligent 
inquiry  into  the  matter,  the  results  of  which  are  contained  in  two  reports,  forwarded 
to  his  worship  on  the  30th  and  31st  ultimo.  The  detective  constables  continued  their 
inquiries,  communicating  with  the  consul  daily.  On  Thursday,  the  2d  instant,  the 
head  constable  received  a  communication  fronx  the  town  clerk,  (with  inclosures,)  of 
which  the  following  is  a  copy  : 

"  Town-Hall,  Liverpool,  April  2,  1863. 
"  My  Dear  Sir  :  Herewith  I  forward  to  you  original  communications  received  by  the 
mayor  this  morning  from  the  home  office,  in  reference  to  certain  ships  supposed  to  be 
fitting  out  at  this  port  to  act  as  vessels  of  war  against  the  United  States  Government. 
You  have  previous  communications  upon  the  subject  of  other  vessels,  and  I  have  only 
to  suggest,  on  behalf  of  the  mayor,  who  is  temporarily  absent,  that  your  utmost  vigi- 
lance should  be  exercised  in  carrying  out^  the  views  of  Her  Majesty's  government  to 
prevent  any  breach  of  the  law.  Considering  the  importance  of  these  questions,  time 
does  not  admit  of  copies  being  taken  of  these  communications,  and  I  therefore  forward 
to  you  the  original  documents  received  by  the  mayor,  for  which  you  must  please  hold 
yourself  responsible,  especially  as  you  will  observe  that  the  inclosures  are  required  to 
be  returned  to  the  home  office. 

"  Yours,  &c, 

(Signed)  "WM.  SHUTTLEWORTH, 

"  Town  Clerk. 


Major  Greig,  <f c,  ^-c  ,  ^ 


[Inclosures.] 


"  No.  1.  April  1,  1863.    Letter  from  Mr.  Bruce  to  the  lord  mayor. 

"No.  2.  March  30,  1863.  Letter  from  legation  office,  United  States,  to  Earl 
Russell. 

"  No.  3.  March  28,  1863.  Letter  from  American  consul,  Liverpool,  to  Mr.  Adams, 
with  documents  from  the  collector  of  customs. 

"  No.  4.  March  28,  1863.     Six  documents  in  possession  of  G.  H.  Dudley. 

"  No.  5.  March  31,  1863.    Letter  from  foreign  office." 

Inquiries  were  continued,  and  on  Saturday,  the  4th  instant,  (in  order  that  every 
possible  attention  might  be  paid  to  these  important  matters,)  the  constable  detailed, 
for  this  duty,  detective  constable  William  Cozins,  an  officer  of  great  experience  in  the 
detective  department,  whom  he  personally  instructed  to  devote  his  whole  time  and 
use  every  effort  in  obtaining  such  evidence  as  would  justify  the  authorities  in  inter- 
fering, for  which  purpose  he  placed  in  his  hands  the  whole  of  the  documents  referred 
to,  with  directions  to  read  them  over  most  carefully,  and  then  wait  upon  the  town 
clerk  and  confer  with  that  gentleman  as  to  the  nature  and  character  of  the  evidence 
which  would  be  necessary  to  establish  a  case  against  any  party  concerned  for  a  viola- 
tion of  the  law.  He  was  also  directed  to  wait  upon  the  American  consul  daily,  to 
communicate  any  information  he  might  have  obtained,  and  to  receive  and  act  upon 
any  instructions  or  suggestions  that  "gentleman  might  have  to  offer,  and  to  report 
daily,  in  a  book  kept  specially  for  that  purpose,  in  his  own  custody,  for  the  informa- 
tion of  the  head  coustable.  Appended  is  an  epitome  of  the  reports  furnished  by  the 
officer  up  to  this  date. 

April  4,  (Saturday.) — The  officer  conferred  with  the  two  detective  constables  previ- 
ously employed,  and  obtained  from  them  such  particulars  as  they  were  in  possession* 
of  respecting  the  vessels  in  question.  He  also  inspected  the  Alexandra,  now  lying  in 
the  Toxteth  dock,  and  the  Phantom,  lying  in  the  Clarence  graving-dock,  and  finds, 
from  the  unfinished  state  of  both  vessels,  that  they  cannot  proceed  to  sea  for  at  least 
several  days,  and  the  Southerner  has  not  yet  reached  this  port. 

Monday,  April  6,  1863. — From  instructions  received  from  the  town  clerk,  the  officer, 

in  his  interview  with  the  American  consul  this  day,  asked  that  gentleman  the 

[187]  *  reasons  of  his  arriviug.  at  the  conclusion  that  there  could  be  no  doubt  as  to  the 

Southerner,  when  he  stated  that  he  was  prepared  to  produce  a  gentleman  who 


BRITISH    CASE    AND    PAPERS.  237 

will  prove  that  he  was  told  by  one  of  the  persons  who  built  the  Southerner,  at  Stock- 
ton-on-Tees, that  she  was  built  for  Messrs.  Frazer,  Trenholni  &  Co.,  of  Liverpool,  who 
are  well  known  as  the  financial  agents  at  this  port  of  the  southern  confederacy ;  and 
the  peculiar  build  of  the  ship  Southerner,  as  well  as  her  unusual  strength,  induced  Mr. 
Dudley  to  believe  that,  she  is  intended  to  be  used  hostilely  toward  the  Federal  Govern- 
ment of  the  United  States. 


No.  2. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London  June  3, 1863.  (Received  June  3,  8.50  p.  m.) 
My  Lord:  I  have  the  honor  to  submit  to  your  consideration  copies 
of  two  depositions  relating  to  a  vessel  which  has  been  fitting  out  at 
Stockton-on-Tees  for  some  purpose  not  usual  in  times  of  peace.  This 
vessel  is  called  the  Southerner,  and  is  the  same  to  which  I  called  your 
lordship's  attention  in  my  note  of  the  26th  March  last.1  1  think  it  can 
scarcely  admit  of  a  doubt  that  she  is  intended  to  carry  on  the  same 
piratical  mode  of  warfare  against  the  commerce  of  the  United  States 
now  practiced  by  the  so-called  Alabama  and  the  Oreto.  The  person 
superintending  her  equipment  appears  to  be  the  same  who  was  equally 
active  in  the  case  of  No.  290.  I  therefore  feel  it  my  duty  to  call  your 
lordship's  attention  to  the  case,  in  order  that  the  proper  measures  may 
be  taken  in  season  to  prevent  any  evil  consequences  to  the  peace  of  the 
two  countries  from  the  escape  of  such  a  vessel. 

I  pray,  &c, 

(Signed)  CKABLES  FRANCIS  ADAMS. 


["Enclosure  1  in  Xo.  2.] 
Deposition  of  William  Milbum  BlacJcistone. 

I,  William  Milbuin  Blackiston,  of  Middlesborough,  engineer,  do  hereby  solemnly 
declare  and  affirm  as  follows,  that  is  to  say  : 

That  I  have  passed  frequently  up  and  down  the  river  Tees  in  passenger-boats  run- 
ning between  Stockton  and  Middlesborough,  and  observed  the  building  and  fitting  out 
of  a  vessel  of  large  size  at  Messrs.  Lockwood  &  Pearse's  yard,  in  Stockton-on-Tees, 
and  a  rumor  being  quite  common  that  the  said  ship  was  being  built  for  the  southern 
confederacy,  I  was  led  to  observe  more  closely  the  building  and  fitting  out  of  the  said 
vessel  from  time  to  time.  On  the  25th  May  I  observed  that  there  had  been  cut  on  each 
side  of  the  bulwark  amidships,  that  is  between  the  fore-poop  and  the  after-poop,  five 
square  holes  about  18  inches  square,  in  each  of  which  had  been  fitted  a  hinged  flap  of 
iron,  so  that,  when  closed,  at  a  distance  of  100  yards  nothing  particular  could  be 
observed.  '  On  the  same  day  I  passed  the  vessel  in  one  of  the  river  steamers,  one  of  the 
said  flaps  was  up,  and  pointing  its  nose  out  of  the  hole  was  a  gun  mounted  on  a  car- 
riage; to  all  appearance  this  gun  was  about  a  4-inch  bore.  I  had  been  previously  told 
by  a  person  whom  I  believe  to  be  credible  and  well  informed,  •'  that  twelve  guns  had 
come  for  her."  On  the  15th  May,  when  I  was  at  Stockton,  I  observed  that  there  was 
painted  on  her  stern,  in  white  letters,  "The  Southerner,  Liverpool;"  but  on  the  25th  of  the 
said  month  that  had  been  supplanted  by  an  elaborate  piece  of  carved  work,  on  which 
was  cut  the  name  "The  Southerner,  Liverpool,"  above,  and  in  the  center  of  the  inscription 
there  was  "  Palm  Tree,"  in  green  and  gilt.  On  the  30th  May  I  went  on  board  this  same 
vessel,  in  company  with  Mr.  J.  B.  Langley,  of  Loudon.  I  was  present  during  a  conver- 
sation between  that  gentleman  and  Mr.  Younger,  the  manager  for  Lockwood  and 
Pearse.    I  heard  Mr.  Younger  say  that  "  those  were  the  arms  of  the  Confederate  States" 

1  See  papers  respecting  the  Phantom,  No.  1. 


238  TEEATY    OF    WASHINGTON. 

on  the  cabin  window,  and  that  there  were  views  of  Savannah  on  the  other.  Mr. 
Younger  said  that  "Captain  Butcher,"  who  is  reported  to  be  the  agent  for  the  Confed- 
erate States  of  America,  "  was  to  take  charge  of  her"  (meaning  the  vessel)  "  as 
[188]  commander  in  the  first  instance."  I  saw  her  engines,  being  direct-condensing 
engines,  with  two  multitubular  boilers.  Mr.  Younger  told  me  that  they  were 
300-horse  power,  upon  which  I  remarked  that  they  seemed  to  be  small  power  for  a  ves- 
sel of  her  size;  in  reply,  he  observed,  that  she  was  intended  to  navigate  shallow  waters, 
and  that  power  did  not  increase  speed.  1  had  been  previously  informed  that  a  large 
quantity  of  charcoal  had  been  consigned  to  a  hosier  in  the  town  of  Stockton,  the  char- 
coal, however,  being  really  intended  for  the  use  of  this  vessel,  and  should  this  be  the 
fact.  I  know  that  it  could  be  used  with  the  boilers  I  saw  for  the  purpose  of  rapidly 
raising  steam  without  any  smoke.  I  observed  two  or  more  steam-cranes  on  the  upper 
deck.  In  the  cabins  aft  I  saw  the  wash-hand  basins,  marked  with  the  "  Palm-Tree," 
and  the  letters  "C.  S.  C,"  which  I  understood  to  mean  confederate  screw-cutter.  I 
saw  on  the  windows  of  the  cabin  transparencies  representing  what  I  believe  to  bo 
arms  of  the  State  of  South  Carolina,  the  British  arms,  and  a  view  of  Savannah  ;  also  a 
picture  of  a  turret  with  two  flags,  the  one  being  the  confederate  banner,  the  other  the 
British  ensign.  I  saw  two  guns  on  board  mounted  on  carriages.  I  had  also  a  conver- 
sation with  one  of  the  workmen  on  board  the  ship,  who  told  me  that  she  had  200  tons 
of  pig-iron  on  board  as  ballast.  I  asked  him  if  he  thought  that  the  two  guns  I  had 
seen  were  sufficient  for  a  ship  of  her  size,  and  his  answer  was,  "  that  everthing  was 
kept  very  quiet,  but  no  doubt  she  would  take  more  guns  on  board  when  she  got  out  to 
sea,  as  the  other  one  had  done."  I  understood  him  to  mean  the  Alabama  by  the  other 
one,  as  Captain  Butcher  had  been  named  as  the  commander  of  that  vessel.  I  asked 
him  if  Captain  Butcher  spent  much  of  his  time  on  board  the  Southerner,  and  he  replied, 
that  "for  the  last  month  he  had  spent  the  greater  part  of  his  time  on  the  vessel."  He 
said  also  that  Captain  Butcher  had  engaged  the  greater  part  of  his  crew,  and  that 
some  of  those  who  had  served  under  him  before  were  engaged  to  go  with  him  again.  I 
believe  that  the  ship  is  intended  to  go  awray  from  Stockton-on-Tees  on  Tuesday  even- 
ing to  Hartlepool,  for  the  purpose  of  having  her  compasses  adjusted. 

And  I  make  this  solemn  declaration  conscientiously  believing  the  same  to  be  true, 
and  by  virtue  of  the  provisions  of  an  act  made  and  passed  in  the  session  of  Parliament 
of  the  fifth  and  sixth  years  of  the  reign  of  his  late  Majesty,  King  William  IV,  enti- 
tled "An  act  to  repeal  an  act  of  the  present  Parliament,  intituled  an  act  for  the  more 
effectual  abolition  of  oaths  and  affirmations,  taken  and  made  in  various  departments 
of  the  State,  and  to  substitute  declarations  in  lieu  thereof,  and  for  the  more  entire 
suppression  of  voluntary  and  extra-judicial  oaths  and  affidavits,  and  to  make  other 
provisions  for  the  abolition  of  unnecessary  oaths." 

(Signed)  WILLIAM  MILBURN  BLAKISTONE: 

Subscribed  and  declared  at  Stockton,  in  the  county  of  Durham,  the  2d  day  of  June, 
1863,  before  me. 

(Signed)  JOS.  DODDS, 

A  Commissioner  to  administer  Oaths  in  Chancery,  in  England. 


[Luclosure  2  in  ~No.  2.  J 
Deposition  of  John  Baxter  Langley. 

I,  John  Baxter  Langley,  surgeon  and  journalist,  do  hereby  solemnly  declare  that  on 
Wednesday,  the  30th  day  of  May,  I  was  in  Stockton-on-Tees,  and  that  I  went  on 
board  a  vessel  lying  beside  the  ship-building  yard  of  Pearce,  Lockwood  &  Co.  This 
ship  was  about  320  feet  long  and  had  the  name  "  Southerner,  Liverpool"  painted  in  gilt 
letters  on  her  stern.  She  was  an  iron  screw-steamer,  which  I  judged  to  be  from  1,800 
to  2,200  tons  register.  In  the  cabins  I  saw  porcelain  basins,  marked  writh  a  palm-tree, 
and  the  letters  C.  S.  C,  which  I  understood  to  moan  confederate  screw-cutter.  The 
same  day  I  saw  a  hole  being  cut  in  her  side,  and  judged  that  her  iron-plating  above  the 
water-line  was  about  2  inches  in  thickness.  A  workman  employed  on  board  of  the 
ship  told  me  that  the  vessel  had  plates  of  unusual  thickness  above  the  water-line.  It 
was  notorious  in  Stockton,  at  this  time,  that  the  vessel  was  intended  to  be  used  "as 
another  Alabama."  I  was  informed,  moreover,  that  Captain  Butcher,  late  of  the  Ala- 
bama, was  superintending  the  building  of  the  ship ;  and  the  workmen  iu  the  yard  told 
me  that  he  was  frequently  on  board  of  her  superintending  the  work.    I  also  deelare 

that  I  was  again  in  Stockton-on-Tees,  on  Saturday,  May  30,  and  that  I  noticed 
["189  J  further,  that  the  Vessel  in  question  had  had  five  square  holes,  corresponding  to 

her  deck  amidships,  cut  in  her  side,  and  suitable  for  guns  to  be  worked  on  her 
deck  amidships.  I  also  declare  that  I  went  on  board  the  vessel  on  that  occasion  and 
entered  into  conversation  with  Mr.  Younger,  the  manager  of  the  works,  who  stated 


BRITISH   CASE   AND    PAPERS.  239 

- 
that  the  arms  of  the  Confederate  States  were  on  the  cabin  window  on  one  side,  and 
views  of  Savannah  on  the  other.  He  said  that  the  vessel  was  intended  to  carry  cot- 
ton from  Charleston,  and  that  Captain  Butcher  was  to  take  charge  of  her  as  command- 
er in  the  first  instance.  He  said  she  was  also  to  carry  passengers  between  Liverpool 
and  Charleston.  I  went  over  the  vessel,  and  again  observed  the  emblems  on  the  porce- 
lain in  the  aft-cabin,  and  that  the  cabin  windows  had  transparencies  on  the  windows 
as  follows :  No.  1,  two  ovals,  on  the  right  a  palmetto  with  fasces  and  axes  crossed  at 
the  foot,  with  a  garter  and  motto  around  it  as  follows:  "  South  Carolina,  Animis 
opibusque  pai'aii."  On  the  left  oval,  an  emblem  of  a  female  presenting  a  cotton  plant, 
or  something  of  the  kind,  with  the  motto,  "  Dum  spiro,  spero"  and  "  SpesP  On  the 
window  No.  2,  facing  this,  is  the  British  royal  arms.  No.  3  is  a  picture  which  I  take 
to  be  that  of  Charleston,  with  a  fortification  in  the  foreground,  from  which  floated  two 
large  flags,  the  one  being  that  known  as  the  confederate  banner,  and  the  other  the 
Union  Jack.  On  window  No.  4  was  a  picture  which  I  take  to  be  that  of  Savannah, 
with  a  battery  and  gun  in  situation  in  the  foreground.  I  saw  two  guns,  marked  "G. 
S.  Hall,  S.  18,"  on  board.  I  supposed  them  to  be  about  18-pouuders.  Opposite  the 
ports  were  rings,  which  I  supposed  to  be  intended  to  work  the  guns.  In  some  cases 
the  rings  have  been  removed  from  the  sockets.  I  went  down  into  the  hold  also.  One 
of  the  workmen  on  board  told  me  that  Captain  Butcher  was  superintending  the  build- 
ing of  the  vessel,  and  that  he  spent  the  greater  part  of  his  time  on  board,  and  had  done 
so  for  more  than  a  month.  He  said  that  it  was  quite  understood  that  the  ship  was  to 
take  other  guns  on  board  from  some  vessel  which  was  to  meet  her  at  sea.  He  said, 
also,  that  Captain  Butcher  had  engaged  his  crew,  and  that  some  of  those  who  had 
gone  with  hfm  before  were  engaged  to  go  with  him  again.  I  was  also  informed  on 
the  same  day  that  a  cargo  of  charcoal  was  to  be  put  on  board  the  Southerner  so  as  to 
give  off  no  smoke  from  her  funnel.  Mr.  Younger,  the  manager,  stated  that  the  vessel 
would  sail  from  the  Tees  on  Tuesday  evening  or  Wednesday  morning.  A  common 
rumor  states  that  she  will  leave  the  river  on  Tuesday  night,  and  that  she  will  stop  at 
Middlesborough  till  the  following  day ;  after  which  she  will  go  to  Hartlepool  and 
have  her  compasses  rectified.  Other  reports  say  that  she  is  to  go  direct  to  Liverpool, 
and  there  take  in  her  crew.  From  what  I  have  heard  and  seen,  I  am  of  opinion  that 
the  ship  in  question  is  intended  for  the  Confederate  States  as  a  privateer,  and  that  she 
is  not  for  the  purpose  for  which  she  is  ostensibly  constructed.  I  believe  that  the 
extensive  space  below  and  between  decks  is  intended  to  contain  and  receive  the  car- 
goes of  merchant-vessels  seized  by  this  Southerner. 

On  Monday,  the  1st  June,  I  went  to  the  ship-yard  of  Messrs.  Lockwood,  Pearce  & 
Co.,  and  inquired  for  Captain  Butcher.  The  watchman  at  the  gate  told  me  that  "  he 
had  uot  seen  him  that  morning  yet,  but  that  he  might  have  come  in  through  the 
office  and  gone  on  board  the  ship.**  I  went  to  the  office  and  saw  a  clerk  there,  who 
said  that  it  was  about  Captain  Butcher's  time,  and  that  if  I  walked  up  toward  his 
lodgings  I  should  probably  meet  him.  He  told  me  the  way  he  ususully  came  down. 
I  understood  him  to  say  that  Butcher  was  there  regularly  every  day.  I  then  went  up 
to  the  place  where  I  was  told  that  Butcher  lodged  and  asked  for  him.  I  was  shown  in  to 
him,  and  inquired  whether  he  would  have  any  objection  for  me,  as  a  reporter  connected 
with  the  London  press,  to  go  ou  board  when  she  went  on  her  trial-trip  from  Hartle- 
pool on  Wednesday.  He  said,  in  reply,  "  I  should  not  have  the  smallest  objection,  but 
I  do  not  take  charge  of  the  vessel  until  she  is  quite  complete."  I  stated  that  I  had 
understood  that  he  was  in  command  of  the  ship,  to  which  he  replied,  "Yes,  that  is 
quite  right;  but  I  do  not  like  to  take  any  responsibility  until  the  ship  is  finally  de- 
livered over  to  me,"  or  words  to  that  effect.  He  said  further,  that  he  would  speak  to 
the  builders  about  the  matter,  and  that  he  would  meet  me  on  board  the  Southerner  at 
1  o'clock.  I  went  down  to  "the  quayside  before  1  o'clock,  and  saw  Captain  Butcher 
on  board  the  Southerner.  I  thought  from  what  I  saw  that  he  was  giving  orders  to 
men  on  board.  I  saw  several  of  the  men  touch  their  hats  to  him.  When  I  went  into 
the  yard  I  was  told  that  "  Captain  Butcher  was  on  board  the  big  ship,"  and  I  found  him 
on  the  aft-poop,  where  I  had  previously  seen  him.  He  recognized  me  again,  and 
spoke  to  a  gentleman  who  I  understood  to  be  one  of  the  builders,  either  Mr.  Pearce  or 
Mr.  Lockwood.  He  said,  "  Come  this  way,  and  I  will  introduce  you."  I  spoke  with 
them  both,  and  I  heard  the  gentleman  say  to  Captain  Butcher,  "  I  would  not  allow 
any  one  to  go  with  you  down  the  river."  Then  turning  to  me,  he  said,  "We  shall  send 
down  a  train  from  this  very  early — starting  about  5  o'clock — and  you  can  join 
[190]  us  if  you  like."  I  said  that  I  should  *probably  go  to  Hartlepool,  and  he  then 
said,  "  Well,  the  harbor-master  knows  all  about  it ;  a  vessel  will  be  sent  out 
from  West  Hartlepool  about  6  in  the  morning."  I  asked  Captain  Butcher  to  give  me 
his  card  as  a  pass,  and  he  did  so.  Captain  Butcher  and  Mr.  Pearce  (?)  then  joined  some 
visitors  who  were  in  the  aft-cabin,  and  I  joined  them.  One  of  the  ladies  asked,  "What 
was  the  meaning  of  the  C.  S.  C.  on  the  plates  and  dishes  and  basins  ?"  The  gentleman 
said  that  it  was  not  known  ;  that  it  might  be  "  Charleston  Steam  Company,"  or  "  any- 
thing else,"  and  then  laughed  in  a  manner  which  led  me  to  suppose  that  he  knew  more 
than  he  was  inclined  to  tell.    In  reply  to  the  same  question,  Captain  Butcher  said 


240  TREATY    OF   WASHINGTON. 

that  "  it  might  mean  Confederate  Steam  Cnmpany,  or  Charles  Spence  &  Company,  or 
anything  else."  He  laughed  when  he  said  this  in  the  same  manner  in  which  the 
other  gentleman  had  done.  On  the  same  day  I  went  to  a  photographer's,  named  Gut- 
tenburgh,  and  there  saw  a  picture  of  Captain  Butcher  taken  in  the  dress  of  a  naval 
officer.  I  had  seen  a  cap  such  as  the  picture  represented  hanging  up  in  his  lodgings. 
The  buckle  and  buttons  of  the  uniform  bear  the  emblem  of  the  southern  confederacy — 
the  Palmetto.  There  are  also  letters  on  the  buckle  which,  however,  are  not  easily 
legible.  I  had  heard  that  Captain  Butcher  was  distributing  these  carte  de  visites  among 
his  friends  and  I  purchased  one.  I  can  declare  it  to  be  a  correct  likeness  of  Captain 
Butcher,  and  I  am  told  that  the  uniform  is  that  of  the  Confederate  States  navy.  And 
I  make  this  solemn  declaration  conscientiously  believing  the  same  to  be  true  and  by 
virtue  of  the  provisions  of  an  act  made  and  passed  in  the  session  of  Parliament  of  the 
fifth  and  sixth  years  of  the  reign  of  his  late  Majesty  King  William  IV,  intituled  "An 
act  to  repeal  an  act  of  the  present  session  of  Parliament,  intituled  'An  act  for  the  more 
effectual  abolition  of  oaths  and  affirmations  taken  and  made  in  various  departments 
of  the  state,  and  to  substitute  declarations  in  lieu  thereof,  and  for  the  more  entire  sup- 
pression of  voluntary  and  extra-judicial  oaths  and  affidavits/  and  to  make  other  pro- 
visions for  the  abolition  of  unnecessary  oaths." 

(Signed)  J.  BAXTER  LANGLEY. 

Subscribed  and  declared  at  Stockton,  in  the  county  of  Durham,  this  2d  day  of  June, 
1863,  before  me. 
'       (Signed)  JOS.  DODDS, 

A  Commissioner  to  administer  oaths  in  Chancery,  in  England. 


No.  3. 

i 
Mr.  Hammond  to  Mr.  Hamilton.1 

Foreign  Office,  June  4,  1863. 
Sir:  I  am  directed  by  Earl  Russell  to  request  that  you  will  move  the 
lords  commissioners  of  Her  Majesty's  treasury  to  give  immediate 
directions  by  telegraph  to  the  proper  authorities  at  Stockton-on-Tees, 
Middlesborough,  Hartlepool,  and  Liverpool,  to  pay  particular  atten- 
tion to  a  vessel  called  the  Southerner,  which  appears  to  have  been  fit- 
ting out  at  Stockton,  and  which  may,  perhaps,  even  have  left  that  port 
for  one  of  the  ports  named,  but  which,  from  information  received  from 
Mr.  Adams,  and  which  shall  be  communicated  to  you  as  soon  as  the 
papers  can  be  copied,  there  seems  strong  reason  to  suspect  is  designed 
to  be  employed  in  the  naval  service  of  the  Confederate  States  ;  and  if 
any  reasonable  ground  should  appear  to  justify  interference,  the 
authorities  should  be  directed  to  take  such  steps  as  can  legally  be  taken 
to  prevent  any  violation  of  the  law. 

I  am,  &c, 

(Signed)  ■  E.  HAMMOND. 


No.  4. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  June  4, 1863. 
Sir:  Your  letter  of  yesterday  respecting  the  Southerner  was,  unfor- 
tunately, not  delivered  at  the  foreign  office  till  8.50  p.  m.,  some  time 

after  the  business  of  the  day  was  ended  and  the  office  closed. 
[191]    *I  have,  at  the  earliest  possible  hour  this  morning,  communicated 
with  the  treasury  and  home  department,  and  I  have  requested  that 

1  A  similar  letter  was  addressed  to  the  home  office. 


BRITISH    CASE    AND    PAPERS.  241 

orders  may  at  once  be  sent  by  telegraph  to  the  proper  authorities  to 
pay  immediate  attention  to  the  circumstances  set  forth  in  your  letter. 

I  am,  &c, 

(Signed)  RUSSELL. 


No.  5. 

Mr.  Hammond  to  Mr.  Hamilton.1 

Foreign  Office,  June  4, 1863. 
Sir:  With  reference  to  my  letter  of  this  morning,  I  transmit  to  you 
herewith,  to  be  laid  before  Secretary  Sir  G.  Grey,  a  copy  of  the  letter 
from  Mr.  Adams,  with  the  depositions  in  the  case  of  the  Southerner 
therein  referred  to.2 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No  6. 
Mr.  Sinclair  to  Earl  Russell. 

51  Piccadilly,  Manchester,  June  5, 1863.    (Received  June  6.) 

My  Lord  :  I  inclose  you  a  letter  from  the  Rev.  W.  Bontems,  of  Har- 
tlepool, informing  us  that  the  Southerner,  built  at  Stockton  for  Messrs. 
Fraser  and  Trenholm,  of  Liverpool,  the  so-called  Confederate  States 
depositaries,  has  entered  "West  Hartlepool  docks,  and  is  evidently  ready 
for  sea.  Whether  she  is  a  war-steamer  or  not,  she  is  for  the  so-called 
confederate  service,  and  carries  the  South  Carolina  flag,  and  her  cargo 
will,  in  all  probability,  be  such  as  is  suited  to  a  hostile  power  acting 
against  one  we  profess  to  be  in  friendship  with.  I  enter  not  upon  ques- 
tions which  more  appropriately  belong  to  you  than  to  me,  but  remind 
you  that  this  is  one  of  the  fleet  you  were  informed  of  as  preparing  for 
the  so-called  confederacy  in  January  last.  Prudential  considerations 
may  lead  them  to  abstain  from  putting  on  board  in  English  harbors  or 
waters  of  material  of  war,  but  that  outside  of  them  there  will  be  an 
armament  of  this  vessel  there  can  be  no  doubt. 

There  is,  however,  another  vessel  building  as  a  vessel  of  war  at  the 
building-yard  of  Messrs.  Thomson's,  of  Glasgow.  This  vessel  is  known 
to  be  for  the  so-called  confederate  government,  and  it  seems  to  me  it  is 
the  duty  of  our  officers  to  obtain  for  you  the  proof  of  what  is  known 
and  talked  about  openly — most  ostentatiously,  we  are  told  in  the  press — 
that  Captain  Semmes  of  the  Alabama  is  to  transfer  his  flag  on  board  of 
this  ship,  while  Captain  Maffit  of  the  Florida  is  to  have  the  Alabama, 
and  Captain  Bullock  is  to  command  the  Florida. 

I  have  thought  it  my  duty  to  say  that  this  vessel  is  all  but  ready 
for  sea,  is  publicly  talked  about  in  Glasgow  as  the  most  formidable  craft 
yet  built  in  this  country  for  the  so-called  confederacy,  and  that  she  is  all 
but  ready  for  sea ;  if  she  has  not  been  stopped,  she  ought  to  be. 

That  you  may  be  enabled  to  take  such  steps  as  justice  and  fair  deal- 

1  A  similar  letter  was  addressed  to  the  home  office.        2  No.  2. 
H.  Ex.  282,  vol.  ii 16 


242  TREATY    OF    WASHINGTON. 

ing  to  a  friendly  people  dictate,  and  without  delay,  and  so  preserve  our 
country  from  a  betrayer  of  the  cause  of  liberty,  is  the  sincere  desire  of 
your,  &c. 

(Signed)  P.  SINCLAIR. 


[In closure  in  No.  6.] 

The  Bev.  W.  Bontems  to  the  secretaries  of  the  Union  and  Emancipation  Society. 

West  Hartlepool,  June  3,  1863. 
Gentlemen  :  I  Lave  just  come  over  to  this  place  from  Hartlepool  and  seen  the 
Southerner,  a  new  iron  screw-steamer  of  some  2,000  tons,  enter  the  docks.  She  was 
"built  at  Stockton,  and  is  said  to  he  for  the  Confederate  States.  She  carries  the  South 
Carolina  flag  ;  where  she  is  hound  for  when  she  leaves,  and  when  she  leaves,  I  cannot 
learn.    It  is  said  that  she  is  to  go  from  this  place  to  Liverpool,  hut  perhaps  this  is  only 

a  ruse. 
[192]      *This  is  all  I  know  about  the  matter.    If  the  information  is  of  any  service  I 

shall  he  glad ;  if  not,  no  harm  is  done. 

Yours,  sincerely, 

(Signed)  W.  BONTEMS. 


No.  7. 

Mr.  Hammond  to  Mr.  Hamilton.1 

[Immediate.] 

Foreign  Office,  June  6, 1863. 
Sir:  With  reference  to  my  letter  of  the  4th  instant,  I  am  directed  to 
transmit  to  you,  to  be  laid  before  the  lords  commissioners  of  Her  Majes- 
ty's treasury,  the  accompanying  copies  of  a  letter  and  its  inclosure  from 
the  Union  and  Emancipation  Society,2  containing  particulars  respecting 
the  Southerner,  and  having  reference  also  to  another  vessel  stated  to  be 
building  at  Glasgow  for  the  service  of  the  so-called  Confederate  States. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No:  8. 

Mr.  Hammond  to  Mr.  Sinclair. 

Foreign  Office,  June  6, 1863. 
Sir  :  1  am  directed  by  Earl  Russell  to  acknowledge  the  receipt  of  your 
letter  of  the  5th  respecting  the  vessel  Southerner,  said  to  have  been 
built  at  Stockton  for  the  service  of  the  so-called  Confederate  States,  and 
also  containing  information  respecting  a  vessel  which  is  being  construct- 
ed at  Glasgow  for  a  similar  object. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

lA  similar  letter  was  addressed  to  the  home  office.         3No.  6. 


BRITISH    CASE    AND    PAPERS.  243 

No.  9. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers,  June  8, 1863.    (Beceived  June  8.) 
Sir  :  With  reference  to  your  letters  of  the  4th  instant,  and  their  in- 
cisures, respecting  the  alleged  equipment  of  the  Southerner  for  the 
service  of  the  Confederate  States,  I  am  desired  by  the  lords  commis- 
sioners of  Her  Majesty's  treasury  to  transmit,  for  the  information  of 
Earl  Eussell,  copy  of  a  report  and  of  its  inclosure,  dated  the  5th  instant, 
from  the  commissioners  of  customs. 
I  am,  &c., 
(Signed)  GEO.  A.  HAMILTON. 

[Inclosure  1  in  Ho.  9.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  June  5,  1863. 
Sir  :  With  reference  to  your  letter  of  yesterday's  date,  transmitting  a  letter  received 
from  the  foreign  office  on  the  subject  of  a  vessel  called  the  Southerner,  which  is  repre- 
sented to  have  been  fitting  out  at  Stockton-on-Tees  for  the  service  of  the  Confederate 
States  of  America,  I  am  directed  to  acquaint  you,  for  the  information  of  the  lords 
commissioners  of  Her  Majesty's  treasury,  that  on  receipt  of  your  letter,  the  board  at 
once  communicated  with  the  solicitor,  and  upon  his  recommendation  a  telegram  was 
forwarded  to  the  collectors  of  customs  at  Stockton  and  Middlesborough-on-Tees,  and  to 
West  Hartlepool  and  Liverpool,  to  which  port  it  was  stated  the  vessel  was  to  proceed, 
with  directions  as  follows  : 

"Watch  the  vessel  Southerner,  if  at  your  port ;  report  any  suspicious  circum- 
[193]  stances  ;  *and,  if  there  be  any  legal  proof  of  a  violation  of  foreign-enlistment 

act,  delay  the  vessel,  or,  if  necessary,  detain  her  for  the  directions  of  the  board." 
And  I  am  to  transmit  to  you  the  accompanying  copy  of  a  letter  from  the  collector  at 
Stockton  respecting  the  vessel,  which  it  appears  has  proceeded  to  Hartlepool,  but  as 
the  board  have  received  no  report  from  the  collector  at  that  port,  a  special  letter  will 
be  sent  to  him  by  this  post  calling  for  the  necessary  report  of  his  proceedings,  which 
will  be  communicated  to  their  lordships. 

I  am  at  the  same  time  to  acknowledge  the  receipt  of  the  further  papers  relating  to 
the  Southerner,  which  were  received  from  the  treasury  last  evening,  and  I  am  to  state 
that  the  board  having  communicated  with  their  solicitor  thereon,  that  officer  has  re- 
ported that,  in  his  opinion,  no  steps  can  be  taken  as  the  case  at  present  stands,  unless 
further  evidence  shall  be  obtained  from  Hartlepool. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  9.] 
Mr.  Bodd  to  Mr.  Gardner. 

Custom-House,  Stockton,  June-  4,  1863. 

Sir:  I  beg  to  acknowledge  the  receipt  of  your  telegram  of  to-day  in  reference  to  the 
steamship  Southerner,  and  to  inform  you  of  her  having  left  this  port  for  West  Hartle- 
pool on  Tuesday  last,  for  the  purpose  of  adjusting  her  compasses,  &c,  prior  to  leaving 
this  part  of  the  kingdom  for,  it  is  said,  Liverpool. 

Should  you  think  it  necessary  to  communicate  with  the  collector  at  West  Hartlepool 
on  the  subject,  you  will,  I  imagine,  have  ample  time  to  do  so  prior  to  her  leaving  that 
port,  as  I  understand  she*  will  require  two  or  three  days  to  take  on  board  about  400 
tons  of  coals  for  fuel,  and  as  much  pig-iron  for  ballast. 

Although  this  vessel  has  been  very  frequently  referred  to  in  the  newspapers  as 
another  of  the  confederate  privateers,  my  own  belief  is  that  she  is  not  so  intended. 

She  appears  to  me  to  be  calculated  for  neither  running  nor  fighting ;  but  is  cer- 
tainly a  very  superior  merchant-ship,  built,  I  should  say,  expressly  for  carrying  bales 
of  cotton. 


244  TREATY    OF   WASHINGTON. 

The  owners  appear  to  me  to  have  calculated,  when  they  contracted  abont  twelve 
months  ago  for  building  her,  that  the  stock  of  cotton  in  America  would  have  been,  from 
some  cause  or  other,  released,  ere  now  :  and,  as  freights  upon  the  article  would  have 
ruled  high  for  fast  vessels,  they  doubtless  expected  to  reap  great  profits ;  for  the  pre- 
sent, however,  they  would  seem  to  have  been  disappointed.  And  I  understand  that  a 
sister-ship,  built  in  the  Tyne  for  the  same  parties,  has,  for  want  of  more  profitable 
employment,  been  sent  to  Alexandria  on  some  miserably  low  freight. 

The  Southerner  performed  her  trial-trip  yesterday;  and  I  am  told  that  her  greatest 
speed,  without  cargo,  was  about  10  knots,  and  sometimes  approaching  to  11. 
I  remain,  &c, 
(Signed)  H.  EODD. 


No.  10. 
Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  June  8,  1863.    (Received  June  9.) 
Sir:  With  reference  to  your  letter  of  the  4th  instant,  respectiug  a 
vessel  called  the  Southerner,  I  am  directed  by  Secretary  Sir  George 
Grey  to  transmit  to  you,  for  the  information  of  Earl  Russell,  a  copy  of 
a  letter  from  the  mayor  of  Stockton,  stating  that  the  vessel  had  left 
that  place  for  Hartlepool,  and  will  go  thence  to  Liverpool,  where  the 
parties  on  whose  account  she  has  been  built  reside. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 


[194]  [Enclosure  in  No.  10.] 

Mr.  Laing  to  Sir  G.  Grey. 

Stockton,  June  6, 1863. 

Sir  :  I  have  made  the  inquiries  requested  in  the  communication  of  Mr.  Waddington, 
under  date  of  the  4th  instant,  relative  to  the  vessel  huilt  here  by  Messrs.  M.  Pearce  & 
Co.,  called  the  Southerner,  and  find  that  that  vessel  has  left  this  place  for  West 
Hartlepool,  and,  I  am  informed,  will  leave  there  to-morrow  or  next  day  for  Liverpool, 
where  the  parties  on  whose  account  she  has  been  built  reside. 

I  know  that  the  vessel,  during  her  stay  here,  was  freely  open  at  all  times  to  the 
public  for  inspection  ;  and  I  do  not  believe  from  what  I  have  heard,  and  also  from  my 
own  observations,  that  she  is  any  way  fitted  as  a  ship  of  war;  nor,  from  her  form  and 
mode  of  construction,  do  I  think  (and  I  speak  as  a  ship-owner)  she  is  adapted  for  that 
purpose,  but  believe  her  to  be  more  suitable  for  that  for  which  the  builders  have  always 
stated  she  was  constructed,  viz :  one  of  a  line  of  packets  trading  between  Liverpool 
and  Charleston,  and  built  in  anticipation  that  the  war  would  have  been  ended  before 
this,  and  Charleston  open  for  commerce. 

I  called  at  the  photographers  and  saw  the  carte  de  visile  of  Captain  Butcher, 
(referred  to  by  Mr.  Langley,)  taken  in  the  uniform  of  the  royal  naval  reserve,  in 
which,  I  believe,  he  holds  a  commission.  I  may  just  notice  that  portion  of  Mr.  Lang- 
ley's  deposition  relative  to  the  plates  being  about  2  inches  thick.  On  this  point  his 
credulity  must  have  been  played  upon,  as  I  never  saw  anything  thicker  than  £  or  -£• 
inch  plates,  except  where  the  strengthening  plates  are  placed  in  addition  to  the 
ordinary  ones,  as  required  by  the  Liverpool  underwriters  for  vessels  of  her  size  and 
class.    I  return  the  documents  herewith,  and  have,  &c, 

(Signed)  JOSEPH  LAING, 

Mayor. 


BRITISH    CASE    AND     PAPERS.  245 

No.  11. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers,  June  8,  1863.  (Eeceived  June  8.) 
Sir  :  With  further  reference  to  your  letters  of  the  4th  instant  respect- 
ing the  alleged  fitting  of  the  Southerner  for  the  service  of  the  Confederate 
States,  I  am  desired  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit,  for  the  information  of  Earl  Eussell,  copy  of  a 
report  and  of  its  inclosures,  of  this  day's  date,  from  the  commissioners 
of  customs. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  11.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  London,  June  8,  1863. 
Sir:  With  reference  to  my  letter  of  the  5th  instant,  on  the  subject  of  a  vessel  called 
the  Southerner,  which  is  reported  to  have  been  fitted  out  at  Stockton-on-Tees  for  the 
service  of  the  Confederate  States  of  America,  I  am  now  directed  to  transmit,  for  the 
information  of  the  lords  commissioners  of  Her  Majesty's  treasury,  a  copy  of  a  report 
received  this  morning  from  the  collector  of  customs  at  West  Hartlepool,  respecting  the 
vessel  in  question ;  and  I  am  to  state  that  the  board  have  called  upon  that  officer  for 
his  further  report,  adverting  to  the  allegations  contained  in  the  several  papers  received 
by  their  lordships  through  the  Foreign  Office,  and  that  they  will  acquaint  their  lord- 
ships with  the  result. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[195]  *[Inclosure  2  in  No.  11.] 

Mr.  Mackenzie  to  Mr.  Gardner. 

Custom-House,  West  Hartlepool,  June  6,  1863. 

Sir:  With  reference  to  your  telegram  of  the  4th,  and  your  letter  of  yesterday's  date, 
respecting  the  vessel  Southerner,  I  beg  to  report  that  the  vessel  in  question  arrived 
here  on  the  afternoon  of  the  3d  instant  from  Stockton.  She  is  a  screw-steamer  of  about 
2,000  tons  and  300  horse-power.  She  has  recently  been  built  at  Stockton  for  a  firm  in 
Liverpool,  Fraser,  Trenholm  &  Co.,  and  is  fitted  up  in  the  ordinary  way  as  a  merchant- 
vessel.  There  is  nothing  about  her  to  indicate  that  she  is  intended  for  warlike  pur- 
poses. 

She  has  been  closely  watched  since  her  arrival,  but  no  circumstances  whatever  of  a 
suspicious  nature  have  transpired  in  regard  to  her.  Her  principal  object  in  coming 
here  was  to  have  her  compasses  adjusted,  which  has  now  been  done.  After  she  has  taken 
on  board  some  coals,  it  is  said  that  she  is  to  proceed  to  Liverpool. 

On  her  arrival  from  Stockton,  she  had  nothing  on  board  except  a  quantity  of  pig- 
iron  for  ballast.  Due  vigilance  will  continue  to  be  observed,  and  should  there  be  any 
matter  to  require  my  doing  so,  respecting  this  vessel,  before  she  leaves  the  port,  I  will 
not  fail  immediately  to  communicate  with  the  board.  It  is  said  that  she  will  not  leave 
before  Thursday  next. 
I  am,  &c, 
(Signed)  J.  MACKENZIE, 

Collector. 


246  TREATY    OF   WASHINGTON. 

No.  12. 
Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  June  8, 1863.  (Received  June  9.) 
Sir  :  With  reference  to  your  letters  of  the  4th  instant,  I  am  directed 
by  Secretary  Sir  George  Grey  to  transmit  to  you  herewith,  to  be  laid 
before  Earl  Russell,  copies  of  letters  from  the  mayor  of  Hartlepool 
and  town  clerk  of  Middlesborough,  stating  that  the  vessel  Southerner 
is  in  the  port  of  Hartlepool ;  together  with  a  copy  of  a  report  of  the 
head  constable  of  Liverpool,  relative  to  the  steamer  Gibraltar,  late 
Sumter,  and  stating  that  the  Southerner  is  expected  to  arrive  at  that 
port  on  or  about  the  9th  instant. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[Inclosure  1  in  No.  12.] 
Mr.  Gray  to  Mr.  Waddington. 

Hartlepool,  June  5, 1863. 
Sir:  In  reply  to  your  communication  of  the  4th  instant,  I  beg  to  inform  you  that 
the  vessel  Southerner,  recently  built  at  Stockton-on-Tees,  left  the  Tees  on  Wednesday 
last  for  a  trial-trip,  and  came  into  this  port  in  the  afternoon  of  that  day,  and  that  she 
is  still  here. 

From  inquiries  I  have  made,  I  believe  that  the  Southerner  is  not  fitted  out  as,  nor  is 
she  adapted  for,  a  vessel  of  war.  I  take  this  opportunity  of  stating  that  for  several 
years  we  have  had  no  American  consul  at  this  port,  and  that  should  the  American  Gov- 
ernment be  disposed  to  appoint  a  representative  here,  Mr.  C.  Neilson,  a  gentleman  who 
has  been  established  many  years  as  a  coal  and  general  merchant,  will  be  glad  to  accept 
the  appointment. 

I  remain,  &c, 

(Signed)  WM.  GRAY, 

Mayor  of  Hartlepool. 


H96 1  *[Iuclosure  2  in  No.  12.] 

Newspaper  extract. 

The  Southerner.— The  departure  of  the  big  ship,  as  she  has  been  termed,  from  the 
River  Tees,  at  Stockton,  on  Tuesday  afternoon,  after  being  fitted  up,  was  witnessed  by 
about  as  many  persons  as  saw  her  launched  on  the  7th  of  March  last.  Considerable 
interest  has  been  evinced  during  the  time  of  rigging ;  and,  through  the  kindness  of 
her  builders,  (Messrs.  Pearse  &  Lockwood,)  hundreds  of  persons  have  visited  and  in- 
spected her  within  the  last  few  days.  The  vessel  presented  a  gay  and  majestic  ap- 
pearance as  she  was  towed  down  the  river,  with  her  numerous  colors  flying.  The 
burgee  on  the  mainmast  represented  the  palmetto,  a  species  of  American  palm-tree 
which  grows  in  the  Southern  States,  and  the  name  of  the  vessel  Southerner.  The 
mizzenmast  had  a  similar  representation  on  a  white  flag,  and  from  the  top  of  the  royal- 
mast  a  string  of  English  colors  waved  to  the  deck.  The  cabins  of  this  vessel  are  fitted 
up  with  every  convenience  for  the  comfort  of  passengers,  with  accommodation  for 
about  200.  The  four  panelings  on  the  end  of  the  sky-light  are  of  colored  glass.  One 
represented  the  English  coat  of  arms  and  the  southern  coat  of  arms ;  the  others  a 
beautiful  view  in  one  of  the  Southern  States,  and  also  a  fort  in  the  sea.  The  stern 
outside  is  elaborately  carved  with  a  representation  of  the  tobacco  and  cotton  plants 
interwoven  and  embellished  with  the  palmetto  and  the  name  of  the  vessel.  In  addi- 
tion to  her  own  steam,  she  was  towed  down  the  Tees  by  three  tugs.  On  Wednes- 
day morning  she  proceeded  on  a  trial-trip  from  Hartlepool,  with  a  select  company  of 
ladies  and  gentlemen  on  board,  who  had  gone  by  special  train  from  Stockton  that 
morning.  The  engines  worked  most  satisfactorily,  and  the  speed  attained  was  twelve 
knots  an  hour.    About  seventy-five  ladies  and  gentlemen  partook  of  dinner  in  the 


BRITISH    CASE    AND    PAPERS.  247 

saloon  about  1  o'clock,  which  was  followed  by  loyal  and  local  toasts  and  songs.  The 
run  was  nearly  to  Scarborough,  and  the  vessel  returned  to  Hartlepool  about  4  o'clock 
in  the  afternoon,  the  company  having  had  pleasant  weather  and  no  untoward  circum- 
stance to  mar  the  pleasure  of  the  trip.  Captain  Butcher,  her  future  commander,  was 
on  board. 


[Inclosure  3  in  No.  12.] 

Mr.  Peacock  to  Mr.  Waddington. 

Town  Clerk's  Office,  Middlesborough,  June  5,  1863. 
Sir:  I  am  desired  by  the  mayor  to  acknowledge  the  receipt  of  your  letter  of  the  4th 
instant,  and  to  inform  you  that  the  Southerner  passed  this  port  on  Wednesday  after- 
noon last,  on  her  way  down  the  River  Tees,  and  that  she  is  now  at  West  Hartlepool. 
I  am,  &c, 
(Signed)  JNO.  PEACOCK, 

Town  Clerk. 


[Inclosure  4  in  No.  12.] 

Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

Friday,  June  5,  1863. 
The  head  constable  has  the  honor  to  report,  for  the  information  of  his  worship  the 
mayor,  that  he  has  caused  inquiry  to  be  made  relative  to  the  matters  contained  in  two 
declarations  forwarded  to  his  worship  from  the  home  office  (herewith  together  with  a 
communication  from  the  United  States  minister,  referring  to  the  declarations,  and  a 
communication  from  the  home  office  in  reference  to  the  Southerner,  returned)  respect- 
ing the  screw-steamer  Gibraltar,  late  Sumter,  now  taking  in  cargo  in  the  Clarence 
basin,  and  begs  most  respectfully  to  submit  the  following  particulars  : 

The  detective  constable  who  has  been  specially  employed  on  this  particular  duty  has 
for  some  time  past  been  keeping  a  watch  on  the  Gibraltar  from  the  time  of  her  taking 
in  coals  while  lying  in  the  Great  Float  at  Birkenhead  up  to  the  present  date.  He  has 
seen  machinery  put  on  board,  apparently  parts  of  very  large  gun-carriages,  some  of  which 
were  in  cases,  and  he  has  reason  to  believe  that  it  must  have  been  something  of  the  kind 

seen  by  the  dock  gateman,  as  mentioned  in  Captain  Markham's  declaration. 
[197]  *  He  has  received  information  upon  which  he  can  rely  that  one  of  the  two  large 
guns  about  to  be  sent  out  in  the  Gibraltar  is  at  present  in  the  hands  of  the  man- 
ufacturer here,  and  that  by  to-morrow  evening  he  expects  to  be  in  possession  of  in- 
formation as  to  where  the  other  large  gun  is.  He  has  reason  to  believe  that  the 
destination  of  the  Gibraltar  is  Nassau. 

Respecting  the  Southerner,  he  has  received  information  that  she  is  expected  to  arrive 
here  on  or  about  the  9th  instant,  and  that  she  will  be  in  charge  of  Captain  Butcher,  the 
same  person  who  took  the  Alabama  from  this  port. 

(Signed)  J.  J.  GREIG. 


Ko.  13. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

[Pressing.] 

Temple,  June  9,  1863.  (Received  June  9.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  4th  instant,  stating  that  he  was  directed 
by  your  lordship  to  transmit  to  us  therewith,  for  our  immediate  con- 
sideration, a  letter  from  Mr.  Adams,  the  American  minister  at  this  court, 
inclosing  depositions  respecting  a  vessel  called  the  Southerner,  suspected 
of  being  fitted  out  for  the  naval  service  of  the  Confederate  States  ;  that 
these  papers  have  been  sent  to  the  treasury  and  home  department,  with 
a  request  that  instructions  may  be  sent  by  telegraph  to  the  proper 


248  TREATY    OF    WASHINGTON. 

authorities,  at  the  places  specified  in  the  depositions,  to  pay  particular 
attention  to  the  vessel ;  and,  if  there  seem  any  reasonable  ground  for 
interference,  to  take  such  steps  as  can  legally  be  taken  to  prevent  any 
infringement  of  the  law ;  but  Mr.  Hammond  was  to  request  that  we 
would  communicate  to  your  lordship,  at  our  earliest  convenience,  for  the 
guidance  of  those  two  departments,  our  opinion  upon  the  course  which 
can  be  pursued  in  the  case  as  set  forth  in  the  inclosed  papers. 

In  obedience  to  your  lordship's  commands  we  have  taken  this  case  into 
consideration,  and  have  the  honor  to  report — 

That  we  are  of  opinion  that  the  evidence,  such  as  it  is,  of  Langley 
(whose  very  singular  description  is  u  surgeon  and  journalist")  and 
Blakiston  would  not  support  a  charge  that  the  Southerner  is  so  equipped, 
or  fitted  out,  or  destined,  as  to  constitute  a  breach  of  the  provisions  of 
the  foreign-enlistment  act ;  and  that  they  are  not,  therefore,  sufficient 
to  warrant  Her  Majesty's  government  in  ordering  the  arrest  of  this  ship. 

We  think  it  would  be  expedient  to  represent  to  Mr.  Adams,  that  by 
far  the  greater  portion  of  the  two  depositions  which  he  has  forwarded 
contain  hearsay  matter,  or  statements  of  mere  belief,  which,  equally 
according  to  the  American  and  British  law,  are  inadmissible  in  the  court 
of  justice,  and  upon  wmich,  therefore,  the  government  of  Her  Majesty 
could  not  legally  act. 

The  only  points  of  any  materiality,  to  use  a  legal  expression,  are  the 
facts  that  the  vessel  had  two  guns  on  board,  and  perhaps  (but  this  does 
not  seem  quite  certain)  that  she  had  port-holes  for  more;  and  that 
Captain  Butcher  was  actively  concerned  in  her  fitting  out. 

But  the  guns  are  only  two  18-pounders,  which  Blakiston  himself 
appears  to  consider  inadequate  for  a  privateer,  and  not  unfit  for  a  mer- 
chant-vessel to  carry. 

The  information  which  Langley  states  that  he  received  on  board  the 
vessel,  was  to  the  effect  that  she  was  destined  to  carry  on  commerce 
between  the  Confederate  States  and  Great  Britain.  Blakiston  does  not 
appear  to  have  heard  anything,  from  any  person  whose  statements  could 
be  evidence,  which  tends  to  show  any  illegal  purpose.  The  name, 
devices,  and  decorations  spoken  of  are  consistent  with  a  commercial 
destination. 

We  cannot  advise  your  lordship  that  there  is  at  present  evidence 
sufficient  to  justify  the  seizure  of  the  vessel,  though  the  circumstances 
are  suspicious,  and  it  may  be  desirable  that  she  should  be  watched,  as 
far  as  the  law  permits,  in  order  that  if  other  circumstances  should  be 
discovered,  supported  by  proper  evidence,  and  capable  of  proper  proof, 
tending  to  show  that  her  equipment  and  destination  are  unlawful,  orders 
may  be  given  for  her  detention. 
We  have,  &c, 

(Signed)  WM.  ATHERTOK 

R.  PALMER. 
ROBERT  PHILLIMORE. 


[198]  *Ko.  14. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  June  10, 1863.    (Received  June  10.) 
Sir  :  With  reference  to  my  letter  of  the  8th  instant,  I  am  directed  by 
Secretary  Sir  George  Grey  to  transmit  to  you,  for  the  information  of 


BKITISH    CASE    AND     PAPERS.  249 

Earl  Eussell,  a  copy  of  a  further  report,  which  has  been  received  from 
the  mayor  of  Hartlepool  on  the  subject  of  the  vessel  Southerner. 

I  am,  &c, 

(Signed)  H.  WADDINGTOtf. 


[Inclosure  in  ~No.  14.] 

Mr.  Gray  to  Sir  G.   Grey. 

Hartlepool,  June  8,  1863. 
Sir  :  I  had  a  communication  from  Mr.  Waddington,  dated  the  4th  of  June,  respecting 
the  vessel  Southerner,  to  which  I  replied  under  date  of  the  5th.  I  have  since  heen 
informed  and  believe  that  Captain  Butcher,  who  took  the  Alabama  and  Oreto  to  sea,  is 
at  present  in  command  of  the  Southerner,  and  that  she  is  owned  by  Messrs.  Fraser, 
Trenholm  &  Co.,  of  Liverpool. 

I  am  also  informed  that  she  has  two  guns  at  the  least  on  board,  and  that  she  has  ten 
port-holes. 

The  Southerner  is  in  that  portion  of  the  port  of  Hartlepool  called  West  Hartlepool, 
which  is  beyond  the  jurisdiction  of  the  magistrates  of  this  borough,  the  town  of  West 
Hartlepool  being  governed  and  regulated  by  improvement  commissioners,  and  the 
magisterial  business  there  being  conducted  by  the  magistrates  for  the  county  of  Durham, 
viz :  Rev.  J.  A.  Park,  Elwick  ;  Rev.  W.  G.  Harrison,  Hart ;  S.  Robinson,  esq.,  Hartle- 
pool ;  J.  P.  Denton,  esq.,  Hartlepool ;  Thomas  Richardson,  esq.,  Hartlepool. 

The  collector  of  customs  for  the  port  is  J.  Mackenzie,  esq.,  residing  at  West  Hartle- 
pool. 

I  remain,  &c, 

(Signed)  WILLIAM  GRAY, 

Mayor  of  Hartlepool.    . 


lsTo.  15. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers,  June  10, 1863.  (Received  June  10.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you  the  inclosed  copy  of  a  letter  which  has  been 
received  from  the  commissioners  of  customs  on  the  subject  of  the  vessel 
Southerner,  alleged  to  be  fitting  out  for  the  Confederate  States  of 
America,  together  with  its  inclosures,  for  the  information  of  Earl 
Russell. 

I  have,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[199]  *[Inclosure  1  in  No.  15.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  June  9, 1863. 
Sir  :  With  reference  to  my  letters  of  the  5th  an*  8th  instant,  I  am  directed  to  trans- 
mit to  you  the  inclosed  copy  of  a  declaration  of  the  United  States  consul  at  Newcastle, 
made  before  the  collector  of  this  revenue  at  West  Hartlepool,  respecting  the  vessel 
Southerner,  with  a  copy  of  the  collector's  report  thereon,  dated  the  8th  instant,  re- 
ceived this  afternoon  ;  and  I  am  to  state  that  the  solicitor  of  this  department,  with 
whom  the  hoard  have  communicated  on  the  subject,  has  reported  that  there  is  no  evi- 
dence in  the  declaration  to  warrant  the  slightest  interference  with  the  vessel. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER,  Secretary., 


250  TEEATY    OF   WASHINGTON. 

[Inclosure  2  in  No.  15.] 
Declaration  of  Mr.  McChesney. 

I,  J.  H.  McChesney,  United  States  consul  at  Newcastle-upon-Tyne,  do  solemnly  and 
truly  declare  that  one  of  the  under  officers  of  the  steamer  Southerner,  now  in  the 
docks  of  West  Hartlepool,  and  soon  to  go  to  sea,  informed  me  yesterday  that  said 
steamer  is  under  the  command  of  Captain  Butcher,  and  is  to  go  to  sea  under  his 
command. 

That  two  other  parties  now  employed  on  said  steamer  also  informed  me  that  said 
Captain  Butcher  is  the  present  commander  of  the  Southerner. 

That  I  have  good  evidence  to  believe  that  said  Captain  Butcher  has  been  employed 
in  fitting  out  and  taking  to  sea  two  privateers  to  prey  upon  the  American  commerce, 
and  that  this  is,  and  has  been  for  some  time,  his  chief  employment. 

That  said  steamer  is  owned  by  Fraser,  Trenholm  &  Co.,  of  Liverpool,  well  known  to 
have  been  largely  engaged  in  fitting  out  vessels  for  unlawful  purposes. 

That  these,  with  many  other  strong  circumstantial  proofs,  furnish  strong  evidence 
that  the  Southerner  is  intended  for  a  privateer. 

And  J  make  this  solemn  declaration,  conscientiously  believing  the  same  to  be  true, 
and  by  virtue  of  the  provisions  of  an  act  made  and  passed  in  the  fifth  and  sixth  years 
of  the  reign  of  His  Majesty  King  William  IV,  intituled  "An  act  to  repeal  an  act  of  the 
present  session  of  Parliament,  intituled  'An  act  for  the  more  effectual  abolition  of  oaths 
and  affirmations  taken  and  made  in  various  departments  of  the  state,  and  to  substi- 
tute declarations  in  lieu  thereof,  and  for  the  more  entire  suppression  of  voluntary  and 
extrajudicial  oaths  and  affidavits,'  and  to  make  other  provisions  for  the  abolition  of 
unnecessary  oaths." 

(Signed)  J.  H.  McCHESNEY, 

United  States  Consul. 

Declared  before  me  this  6th  day  of  June,  1863,  at  the  custom-house,  West  Hartle- 
pool. 

(Signed)  J.  MACKENZIE,  Collector. 


*  [Inclosure  2  in  No.  15.] 

Mr.  Mackenzie  to  the  commissioners  of  customs. 

Custom-House,  West  Hartlepool, 

June  8,  1863—5.30  p.  m. 
Honorable  Sirs  :  The  accompanying  affidavit  has  just  been  made  before  me  by  Mr. 
McChesney,  the  United  States  consul  at  Newcastle,  respecting  the  vessel  Southerner. 
As  its  statements  are  urged  by  Mr.  McChesney  as  grounds  for  the  detention  of  the  ves- 
sel, I  transmit  the  document  for  your  honor's  consideration  and  directions  ;  but 
[200]  beyond  what  is  therein  *  alleged,  I  know  of  no  circumstance  to  justify  suspicion 
that  the  vessel  is  to  be  employed  as  a  privateer  for  the  Confederate  States. 
I  am,  &c, 
(Signed)  J.  MACKENZIE. 


No.  16. 
Mr.  Hammond  to  Mr.  Hamilton. 

[Pressing."] 

Foreign  Office,  June  11, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaint 
the  lords  commissioners  of  Her  Majesty's  treasury  that  as  it  appears 
that  the  Southerner  may  shortly  be  expected  at  Liverpool,  his  lordship 
considers  that  it  would  be  right  and  proper,  under  the  circumstances  of 
the  case,  that  the  vessel  should  be  minutely  examined  by  some  person 
who  is  fully  conversant  with  the  fitting-up  of  vessels  for  belligerent  pur- 
poses ;  and  he  accordingly  recommends  that  the  board  of  treasury  should 
apply  to  the  admiralty  to  appoint  some  duly  qualified  admiralty  sur- 


BRITISH    CASE    AND    PAPERS.  251 

veyor  to  examine  the  Southerner,  and  to  report  without  delay  whether 
there  is  anything  in  her  construction  and  equipment  which  can  furnish 
a  reasonable  ground  for  interfering  with  her  under  the  foreign  enlist- 
ment act. 

I  am,  &c, 

(Signed)  •  E.  HAMMOND. 


No.  17. 

Mr.  Peel  to  Mr.  Hammond. 

Treasury  Chambers,  June  11, 1863.    (Eeceived  June  11.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  information  of  Earl  Eussell,  the 
inclosed  copies  of  a  letter  from  the  commissioners  of  customs,  and  of  a 
report  of  the  collector  of  customs  at  Hartlepool,  respecting  the  vessel 
Southerner,  which  is  stated  to  be  fitting  out  for  the  service  of  the  Con- 
federate States  of  America. 
I  have,  &c, 
(Signed)  F.  PEEL. 


[Inclosure  1  in  No.  17.  | 
Mr.  Gardner  to  Mr.  Hamilton. 

[Extract.] 

Custom-House,  June  10,  1863. 

Referring  to  my  letters  of  the  8tli  and  9th  instant,  I  am  now  directed  to  transmit  to 
you,  for  the  information  of  the  lords  commissioners  of  Her  Majesty's  treasury,  the  in- 
closed copy  of  a  further  report  of  the  collector  of  this  revenue  at  West  Hartlepool,  with 
a  copy  of  the  report  of  the  surveyor  at  that  port  respecting  the  statements  in  the  papers 
received  by  their  lordships  from  the  foreign  office  (herewith  returned)  in  regard  to 
the  vessel  Southerner,  which  it  is  alleged  is  fitting  out  for  the  service  of  the  Confed- 
erate States. 

I  am,  at  the  same  time,  to  transmit  a  copy  of  the  observations  of  the  solicitor  of  the 
customs  on  the  above  reports. 


[201]  -"[Inclosure  2  in  No.  17.1 

Mr.  Mackenzie  to  the  commissioners  of  customs. 

Hartlepool,  June  9, 1863. 

Honorable  Sirs  :  With  reference  to  the  observations  of  the  solicitor,  it  will  be  seen, 
on  referring  to  my  report,  that  I  have  not  represented  the  Southerner  as  fitted  up  for 
warlike  service,  but  as  an  ordinary  merchant-steamer,  which  corresponds  with  the 
account  given  by  the  collector  at  Stockton,  with  whom  I  concur  in  opinion,  that,  as 
far  as  proceedings  go,  she  is  not  intended  for  a  confederate  privateer,  but  for  commer- 
cial purposes. 

My  statement  that  she  has  been  built  for  Messrs.  Fraser,  Trenholm  &  Co.,  of  Liver- 
pool, was  founded  on  common  rumor.  On  my  mentioning  the  subject  to-day  in  con- 
versation with  one  of  the  builders,  he  did  not  seem  to  deny  the  fact,  although  I  infer 
from  what  he  said  that  she  will  be  registered  in  the  name  of  other  persons. 

Captain  Butcher  is,  as  reported,  in  command  of  the  vessel.  He  is  an  officer  in  the 
royal  naval  reserve,  and  it  is  the  uniform  of  a  lieutenant  in  that  force  that  is  in  the 
cartes  de  visites  alluded  to  in  the  affidavit  of  Mr.  Langley,  and  which  I  have  seen. 

The  connection  of  Captain  Butcher  and  of  Messrs.  Fraser,  Trenholm  &  Co.  with  the 


252  TREATY    OF   WASHINGTON. 

• 
vessel  has  given  rise  to  suspicion  ;  but  there  is  no  proof  that  I  can  see  of  any  violation 
of  the  foreign-enlistment  act  in  her  case. 

For  a  description  of  the  vessel,  and  for  other  particulars  touching  the  allegations  in 
'the  affidavits  sent  to  the  foreign  office,  I  refer  your  honors  to  the  report  of  the  surveyor 
transmitted  herewith. 

The  Southerner  will  remain  here  for  two  or  three  days  yet.  So  Captain  Butcher 
informs  me. 

I  am,  &c, 

(Signed)  J.  MACKENZIE. 


[Inclosure  3  in  No.  17.] 

Report  of  the  customs  solicitor. 

What  I  anticipated  in  my  former  report  is  so  singularly  confirmed  in  every  particular 
that  I  have  no  further  observations  to  offer,  except  that  the  impression  is  still  repeated 
that  the  vessel  has  passed  into  the  hands  of  Fraser,  Trenholm  &  Co.,  but  that  amounts 
to  nothing  as  a  legal  ground  of  seizure  in  itself;  for  although  it  is  notorious  that  that 
firm  are  acting  as  agents  to  the  confederates,  it  does  not  follow  that  they  have  aban- 
doned their  former  business,  and  do  nothing  on  their  own  account ;  and  as  they  have  a 
branch  firm  in  Charleston,  they  may  be  engaged  in  businsss,  even  involving  the  run- 
ning of  the  blockade  in  connection  with  their  own  house  of  business,  without  any  vio- 
lation of  the  foreign-enlistment  act,  and  without  evidence  of  acts  and  intents  in  con- 
travention of  the  act,  no  seizure  could  be  safely  made. 

(Signed)  F.  J.  HAMEL. 


•  [Inclosure  4  in  No.  17.] 

Mr.  Cackett  to  Mr.  Mackenzie. 

Surveyor's  Office,  June  9,  1863. 

Sir  :  Upon  arrival  of  the  Southerner,  I  carefully  examined  her,  and  beg  to  report 
that  she  is  a  screw-steamer,  of  about  1,600  register  tons,  bark-rigged,  300  horse-power. 
She  has  a  top-gallant  forecastle,  from  which^a  house  on  deck  midships  runs  the  whole 
length  to  the  sky-light  of  the  engine-room.  Abaft  the  said  sky-light  is  the  saloon,  and 
about  seventy  bed-berths,  (first  class;)  the  two  sky-lights  in  the  saloon  have  color  in 
the  glass ;  at  either  end  the  arms  of  South  Carolina  and  the  arms  of  England,  a  view 
of  Savannah,  and  a  fort  upon  which  are  crossed  the  confederate  flag  and  the  British 
ensign.  These  may  be  taken  to  show  a  connection  with  the  confederate  cause,  or  as 
mere  ornaments  to  bear  out  the  name  of  the  vessel  owned  by  British  merchants. 
[2023  *The  house  on  deck  contains  the  cook-house  and  berths  for  the  officers  of  the 
ship  ;  the  berths  for  the  crew  are  under  either  side  of  the  forecastle.  She  has 
two  guns  (18-pounders)  on  board,  mounted  on  carriages,  Such  as  are  generally  used  by 
merchant- vessels  of  the  Southerner's  tonnage  ;  she  has  five  port-holes  on  either  side, 
for  the  purpose  of  letting  away  the  water  from  the  deck  ;  and,  except  the  two  ports 
abaft  the  fore  chains,  at  which  the  two  guns  are  fixed,  none,of  the  ports  have  any  ring- 
bolts for  gun-fixings.  The  ports  measure  only  2  feet  and  1  foot  6  inches,  far  too  small 
for  fighting  purposes.  The  space  from  the  house  on  the  deck  to  the  waterways  is  only 
7  feet  6  inches,  also  too  small  a  space  for  firing  from  the  deck.  She  has  on  her  stern, 
in  legal-sized  letters,  "  Southerner,  Liverpool."  There  are  no  fittings  on  the  top-gallant 
forecastle,  bearing  the  slightest  indication  of  its  being  required  for  firing  from.  On  the 
house  on  deck  is  a  steam-winch  to  work  the  main  hatchway,  and  also  another  steam- 
winch  upon  the  saloon  to  work  the  after  hatchway  (which  is  in  the  saloon  ;)  the  lower 
deck  is  laid,  and  is  quite  clear  throughout ;  on  this  deck,  which  is  below  the  water- 
line,  there  are  no  "bull's-eyes"  to  admit  light ;  the  lower  hold  is  ceiled  in  the  usual 
manner,  and  has  in  about  150  tons  of  pig-iron,  no  other  goods  being  in  any  other  part 
of  the  ship.  She  is  now  taking  in  coals  in  her  bunkers  (500  tons)  for  the  voyage  to 
Liverpool,  and  is  about  to  take  in  350  tons  more  of  pig-iron,  viz,  150  tons  from  Messrs. 
Rigland  &  Warner,  and  200  tons  from  Holdsworth  &  Co.,  both  of  Stockton,  on  freight 
for  Liverpool,  at  2s.  6d.  per  ton ;  the  150  tons  of  pig-iron  brought  in  the  ship  to  this 
port  also  belong  to  Messrs.  Rigland  &  Warner,  and  form  a  portion  of  their  charter. 

Upon  the  rummage  of  the  vessel  nothing  but  coals  was  found  on  board  for  creating 
steam ;  the  mention  made  of  charcoal  appears  to  be  correct,  in  so  far  that  a  small 
quantity  was  placed  on  board  at  Stockton  to  fill  the  lining  of  the  ice-house,  as  a  non- 
conductor of  heat. 

So  far  as  the  build  and  fitting  out  of  this  vessel  now  stands,  I  do  not  see  the  slightest 


BRITISH    CASE    AND    PAPERS.  253 

evidence  to  support  her  detention  as  an  "  equipped  vessel."  Her  plates  are  of  the 
ordinary  description,  She  has  been  built  under  Lloyd's  survey,  and  classed  for  nine 
years.  There  are  on  board  no  materials,  116  arms  nor  fittings,  beyond  the  two  guns 
named  above,  and  which,  as  at  present  mounted,  are  merely  fit  for  the  purpose  of  sig- 
nal by  blank  cartridge.  The  earthenware  in  the  cabin  is  marked  with  the  monogram 
C.  S.  C,  which  on  board  is  stated  to  mean  "  Charleston  Steam  Company."  The  burgee 
has  the  emblem  of  the  palmetto  tree  as  the  flag  of  the  company. 

As  to  the  vessel  having  been  procured  to  be  equipped,  the  only  evidence  I  have  in 
support  of  such  a  charge  is  that  the  master's  name  is  Butcher  ;  the  first  mate's  name, 
Mitchell;  the  second  mate's  name  Jones;  and  that  I  have  reason  to  believe  that  Mr. 
Butcher  was  the  captain,  and  Mr.  Jones  one  of  his  officers,  who  took  the  290,  now  the 
Alabama,  out  from  Liverpool  when  she  sailed  from  that  port. 

Respectfully  submitted. 

(Signed)  F.  J.  CACKETT,  Surveyor. 


No.  18. 

Mr.  Hammond  to  Mr.  Hamilton.1 

Foreign  Office,  June  11, 1863. 
Sir  :  With  reference  to  your  letter  of  the  9th  instant,  I  am  directed 
by  Earl  Kussell  to  transmit  to  you,  to  be  laid  before  the  board  of  treasury, 
a  copy  of  a  report  from  the  law  officers  of  the  Crown,2  stating  that  they 
cannot  advise  that  there  is  at  present  evidence  sufficient  to  justify  the 
seizure  of  the  Southerner,  but  that  the  circumstances  are  suspicious, 
and  that  it  might  be  desirable  that  she  should  be  watched,  as  far  as  the 
law  permits. 

I  am,  &c, 

(Signed)  H.  HAMMOND. 


[203]  *No.  19. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers,  June  12, 1863.  (Eeceived  June  12.) 
Sir  :  The  lords  commissioners  of  Her  Majesty's  treasury  have  had  be- 
fore them  your  letter  of  yesterday's  date,  inclosing  copy  of  a  report  from 
the  law-officers  of  the  Crown,  stating  that  they  cannot  advise  that  there 
is,  at  present,  sufficient  evidence  to  justify  the  seizure  of  the  Southerner ; 
and  I  am  to  acquaint  you,  for  the  information  of  Earl  Russell,  that  my 
lords  have  directed  the  commissioners  of  customs  to  act  in  accordance 
with  the  opinion  of  the  law-officers  in  watching  the  vessel. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


No.  20. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  June  12, 1863. 
Sir  :  At  the  same  time  that  I  communicated  to  the  lords  of  the  treas- 
ury and  to  the  secretary  of  state  for  the  home  department,  as  I  informed 

1  A  similar  letter  was  addressed  to  the  home  office.      2  No.  13. 


254  TREATY   OF   WASHINGTON. 

you  in  my  letter  of  the  4th  instant,  the  statements  respecting  the  vessel 
Southerner  contained  in  your  letter  of  the  3d  instant,  I  submitted  those 
statements  also  to  the  consideration  of  the  law-advisers  of  the  Crown, 
aud  I  have  since  learned  from  them  that,  iu  their  opinion,  the  evidence 
supplied  by  those  statements  would  not  support  a  charge  against  the 
vessel  that  she  is  so  equipped,  or  fitted  out,  or  destined  as  to  constitute  a 
breach  of  the  provisions  of  the  foreign-enlistment  act,  and  that  it  con- 
sequently did  not  afford  sufficient  warrant  for  arresting  the  vessel. 

The  greater  portion  of  the  two  depositions  inclosed  in  your  letter  con- 
sists of  hearsay  matter,  or  statements  of  mere  belief,  which,  according 
to  American  equally  with  British  law,  are  inadmissible  in  a  court  of 
justice,  and  upon  which  Her  Majesty's  government  could  not  legally 
proceed. 

Attention  will,  nevertheless,  continue  to  be  paid  to  the  vessel,  with 
the  view  of  guarding,  as  far  as  possible,  against  her  being  equipped  in 
this  country  in  a  manner  inconsistent  with  the  provisions  of  the  foreign- 
enlistment  act. 
I  am,  &c, 
(Signed)  EUSSELL. 


No.  21. 

The  law-officers  of  the  Crown  to  Uarl  Russell. 

Temple,  June  13, 1863.    (Eeceived  June  13.) 

My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  11th  instant,  stating  that,  with  reference 
to  our  report  of  the  9th  instant,  he  was  directed  by  your  lordship  to 
transmit  to  us  the  accompanying  papers  respecting  the  case  of  the 
Southerner ;  and  Mr.  Hammond  was  to  call  our  special  attention  to  the 
statement  contained  in  the  letter  from  the  mayor  of  Hartlepool  to  the  home 
office,  of  the  8th  instant,  that  the  Southerner  has  two  guns,  at  the  least, 
on  board,  and  that  she  has  ten  port-holes ;  and  adverting  to  the  orders 
which  were  recently  given  for  detaining  the  Ward  Jackson1  because  she 
was  fitted  up  with  side-seats  for  soldiers,  and  Mr.  Hammond  was  to  re- 
quest that  we  would  furnish  your  lordship  with  our  opinion  whether 
there  are  not  sufficient  grounds  for  also  detaining  the  Southerner. 

The  previous  papers  in  this  case  were  annexed  for  reference,  as  well 
as  the  correspondence  relative  to  the  orders  given  for  detaining  the 
Ward  Jackson. 

In  obedience  to  your  lordship's  commands,  we  have  taken  these  fur- 
ther papers  into  consideration,  and  have  the  honor  to  report — 

That  we  are  still  of  opinion  that  there  is  no  evidence  at  present  upon 
which  the  Southerner  could  be  legally  convicted  of  a  breach  of  the  for- 
eign-enlistment act. 

The  opinion  of  every  person  employed  to  examine  her  is,  that  she  is 
destined  for  merchant  service.  The  opinion  is  founded  positively  on 
her  build,  her  fittings-up,  her  cargo ;  negatively,  on  the  absence  of  the 
fittings-up  and  build  requisite  for  a  ship  of  war.  It  is  true  she  carries 
two  guns,  but  we  are  expressly  told  that  they  are  so  light  as 
[204]  *to  be  fit  only  for  firing  signals  with  blank  cartridge,  and  com- 
mon to  merchantmen  of  her  class.    It  is  true  she  has  ten  port- 

1  This  was  done  on  an  application  from  the  Russian  government. 


BRITISH    CASE    AND    PAPERS.  255 

holes,  but  we  are  told  that  they  are  not  large  enough  to  receive  guns, 
and  are  adapted  for  the  purpose  of  letting  away  the  water  from  the  deck, 
which  is  itself  too  small  to  be  fired  from.  Her  cargo  is  pig-iron  alone, 
except  the  necessary  coals. 

It  is  true  that  Captain  Butcher  and  Messrs.  Fraser  are  concerned  with 
her,  and  that  there  is  reason  to  suppose  them  to  be  connected  with  con- 
federate interests ;  but  this  may  well  be  of  a  commercial  character  in 
this  case. 

With  respect  to  our  report  in  the  Ward  Jackson,  it  must  be  remem- 
bered that  the  custom-house  officers  had  seized  a  large  quantity  of  mus- 
kets on  board  of  her,  in  cases  purporting  to  contain  "  hardware."  This 
material  fact,  in  connection  with  an  internal  arrangement  most  unusual 
in  merchant  and  most  usual  in  transport  ships,  justified  us  in  advising 
Her  Majesty's  government  to  refuse  a  clearance  to  the  ship  until  time 
should  be  afforded  for  further  inquiry,  which  is  all  that  we  did  advise. 

The  evidence  at  present  obtained  in  this  case  does  not  go  at  all  to  the 
essential  point  of  the  intent  with  which  the  ship  is  fitted  out  $  and,  so 
far  as  her  construction  is  concerned,  we  see  no  ground  for  supposing 
that,  without  very  material  alterations,  she  would  be  capable  of  acting 
as  a  privateer. 

All  that  we  can  at  present  recommend  is,  that  on  her  arrival  at  Liv- 
erpool she  should  still  be  closely  watched. 
We  have,  &c, 

(Signed)  WM.  ATHEETON. 

E.  PALMEE. 
E.  J.  PHILLIMOEE. 


No.  22. 

Mr.  Arbuthnot  to  Mr.  Hammond. 

Treasury  Chambers,  June  15, 1863.    (Eeceived  June  15.) 
Sir  :  With  reference  to  your  letter  of  the  11th  instant  respecting  the 
survey  by  an  admiralty  surveyor  of  the  Southerner,  alleged  to  be  fitting 
for  the  service  of  the  Confederate  States,  1  am  directed  by  the  lords  com- 
missioners of  Her  Majesty's  treasury  to  acquaint  you,  for  the  informa- 
tion of  Earl  Eussell,  that  their  lordships  have  communicated  with  the 
lords  commissioners  of  the  admiralty  on  the  subject,  and  that  instruc- 
tions will  be  sent  by  that  board  to  Mr.  Hobbs,  the  shipwright  officer  now 
superintending  the  construction  of  Her  Majesty's  ship  Agincourt  at  Liv- 
erpool, to  assist  the  officers  of  customs  who  may  be  intrusted  with  the 
duty  of  examining  the  Southerner,  so  as  to  enable  them  to  judge  whether 
the  vessel  is  constructed  or  fitted  for  belligerent  purposes. 
I  am,  &c, 
(Signed)  G.  AEBUTHNOT. 


No.  23. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  June  22, 1863.    (Eeceived  June  23.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you, 
for  the  information  of  Earl  Eussell,  the  inclosed  copy  of  a  further  report 


256  TEEATY    OF   WASHINGTON. 

from  the  head  constable  of  Liverpool  respecting  vessels  fitting  out  in 
the  port  of  Liverpool  which,  it  is  supposed,  are  intended  to  act  against 
the  Government  of  the  United  States  of  America. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[Inclosure  in  No.  23.] 
Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

June  18,  1863. 
The  head  constable  has  the  honor  to  lay  before  his  worship  the  mayor  further  reports 
respecting  the  fitting  out  of  vessels  in  this  port  which  are  believed  to  be  intended  to  act 
hostilely  toward  the  Government  of  the  United  States  of  America.    These  reports  are 

continued  from  Friday,  5th  June,  up  to  the  present  date,  both  inclusive.  *     * 
[205],       *  Monday ,  June  8,  1863.     *        *         *         *     Making  inquiry  and  watching  for 
the  arrival  of  the  Southerner,  which  is  expected  up  to-day. 
Tuesday,  June  9, 1863.     *        *        *.       *     Making  inquiry  about  the  steamship  South- 
erner, which  is  daily  expected.         *  *  *  *  *         *         *         *         * 

Thursday,  June  18,  1863.  *  *  *  *  Officer  has  had  nothing  to  report  since 
the  15th  instant  until  now.  The  steamship  Southerner,  Captain  Butcher,  arrived  here 
yesterday  from  Hartlepool,  and  is  now  lying  in  the  Huskisson  dock. 

(Signed)  J.  J.  GREIG,  Head  Constable. 


No.  24. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  June  23,  1864.    (Eeceived  June  24.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you, 
for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a  further  report 
by  the  head  constable  at  Liverpool  as  to  the  steamers  Southerner  and 
Gibraltar. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 

[Inclosure  in  Xo.  24.] 
Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

Saturday,  June  20,  1863. 
The  head  constable  has  the  honor  to  lay  before  his  worship  the  mayor  further  re- 
ports relative  to  the  fitting  out  of  vessels  at  this  port,  &c,  continued  from  Thursday, 
June  18th : 

Friday,  June  19. — The  officer  was  engaged  making  further  inquiry  respecting  the 
Southerner.     She  is  still  lying  in  the  Huskisson  dock  taking  in  coals  from  fiats. 

Saturday,  June  20,  11  o'clock  a.  m. — Up  to  this  time  no  change  has  taken  place  in  either 
of  the  steamships  Gibraltar  or  Southerner.        *  *  *  *  * 

(Signed)  J.  J.  GREIG,  Head  Constable. 


No.  25. 
Mr.  Arbuthnot  to  Mr.  Hammond. 

Treasury  Chambers,  June  25, 1863.    (Eeceived  June  25.) 
Sir  :  With  reference  to  your  letter  of  the  11th  instant,  respecting  the 
survey  of  the  Southerner  by  an  admiralty  officer,  I  am  desired  by  the 


BRITISH    CASE    AND    PAPERS.  257 

lords  commissioners  of  Her  Majesty's  treasury  to  transmit  herewith,  for 
the  information  of  Earl  Russell,  copy  of  a  letter  of  yesterday's  date,  and 
of  its  inclosure,  received  by  this  board  from  the  lords  commissioners  of 
the  admiralty  on  the  subject  in  question. 

I  am,  &c, 

(Signed)  G.  AKBUTHNOT. 


[Inclosure  1  in  !No.  25.] 

Mr.  Pennell  to  Mr.  Hamilton. 

Admiralty,  June  24,  1863. 
Sir  :  With  reference  to  your  letter  of  the  13th  instant,  and  to  my  reply  thereto,  rela- 
tive to  the  survey  of  the  Southerner  by  an  admiralty  surveyor,  with  a  view  to  ascer- 
taining whether  that  vessel  is  fitting  for  belligerent  purposes,  as  alleged,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  send  you  herewith,  for 
[206]    the  information  of  *the  lords  commissioners  of  Her  Majesty's  treasury,  a  copy  of 
a  report  of  survey  on  that  ship  by  Mr.  T.  Hobbs,  admiralty  overseer. 
I  am,  &c, 
(Signed)  ,  C.  H.  PENNELL,  Pro  Sec. 


[Inclosure  2  in  ~No.  25.] 

Mr.  Mobbs  to  the  controller  of  the  navy. 

Birkenhead  Iron- Works, 

Birkenhead,  June  23,  1863. 

Sir  :  In  obedience  to  directions,  and  with  reference  to  your  letter  of  the  13th  instant, 
I  beg  most  respectfully  to  inform  you  that,  upon  its  receipt,  I  immediately  proceeded 
to  Liverpool,  and  placed  myself  in  communication  with  the  custom-house  authorities, 
for  the  purpose  of  surveying  the  Southerner  upon  her  arrival  at  this  port,  and  have  this 
day,  in  company  with  Mr.  W.  Byrne,  assistant  surveyor  of  customs  at  Liverpool,  sur- 
veyed the  vessel  herein  referred  to,  and  beg  to  report  that  I  find  her  an  ordinary- built  iron- 
screw  steam  passenger  and  cargo  vessel  of  1,569  tons,  fitted  with  engines  of  300  horse- 
power. The  vessel  was  built  by  Messrs.  Pearse  &  Co.,  iron  ship-builders,  Stockton-on- 
Tees,  and  the  engines  by  Fossick  &  Hackworth,  of  the  same  place.  She  is  also  fitted 
with  top-gallant  forecastle  and  poop-deck,  with  deck-houses  continuous  fore  and  aft 
with  the  same,  in  the  same  manner  as  the  Inman  line  of  screw-boats  now  sailing  be- 
tweea  this  port  and  New  York.  She  is  fitted  aft  under  the  poop-deck  with  cabin  accom- 
modation for  about  sixty-six  saloon -passengers ;  the  forecastle  for  the  crew,  and  deck- 
houses for  the  ship's  officers.  Her  holds  are  appropriated  for  the  reception  of  cargo, 
and  steam-winches  are  fitted  for  working  the  same. 

I  find  upon  examination  that  her  top-sides  are  of  iron  plates  three-eighths  of  an  inch 
thick,  and  in  no  way  fitted  or  secured  as  I  consider  necessary  for  the  working  of  guns. 

She  has  two  gangways  fitted,  one  on  each  side  amidships,  for  the  purpose  of  work- 
ing her  cargo ;  and  I  beg  to  state  that  upon  fully  examining  this  vessel,  I  cannot  find 
anything  with  regard  to  construction  or  fittings  that  would  lead  me  to  suppose  that 
she  was  intended  for  belligerent  purposes. 
I  have,  &c, 
(Signed)  T.  HOBBS,  Admiralty  Overseer. 


No.  26. 
Mr.  Arbuthnot  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers, 
June  29, 1863.     (Received  June  29, 1863.) 

Sir:  With  reference  to  the  previous  correspondence  respec  ing  the 
Southerner,  supposed  to  be  fitting  for  the  service  of  the  Confederate 
H.  Ex.  282,  vol.  ii 17 


258  TREATY    OF    WASHINGTON. 

States,  I  am  desired  by  the  lords  commissioners  of  Her  Majesty's  treas- 
ury to  transmit  herewith,  for  the  information  of  Earl  Eussell,  copy  of  a 
letter  from  the  commissioners  of  customs,  dated  the  26th  instant,  together 
with  copy  of  its  inclosure,  communicating  the  result  of  a  minute  survey 
of  the  vessel  in  question  by  Mr.  Byrne,  of  the  customs  department,  in 
conjunction  with  Mr.  Hobbs,  admiralty  surveyor. 

I  am,  &c, 

(Signed)  G.  ARBUTHNOT. 


[Inclosure  1  in  No.  26.] 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  London,  June  27,  1863. 
Sir  :  With  reference  to  your  letters  of  the  4th  and  16th  instants,  respecting  the  ves- 
sel Southerner,  which  is  suspected  to  have  been  fitting  out  for  the  service  of  the  Con- 
federate States,  I  am  directed  to  transmit,  for  the  information  of  the  lords  commission- 
ers of  Her  Majesty's  treasury,  a  copy  of  a  report,  dated  24th  instant,  of  one  of  the  acting 
surveyors  of  this  revenue  at  Liverpool,  communicating  the  result  of  a  minute 
[207]    survey  of  *the  said  vessel  made  by  him,  in  conjunction  with  Mr.  Hobbs,  one  of 
the  admiralty  surveyors. 
I  am,  &c 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  26.] 
Mr.  Byrne  to  Mr.  Gardner. 

Custom-house,  Liverpool,  June  24,  1863. 

Sir  :  I  beg  to  report  that  Mr.  Hobbs,  admiralty  surveyor,  having  intimated  to  me 
that  he  had  received  instructions  to  communicate  with  the  officers  of  customs  at  this 
port  with  reference  to  the  steam-vessel  Southerner,  now  lying  in  Huskisson  dock,  on 
yesterday,  the  23d  instant,  I  proceeded  on  board  the  said  vessel,  and,  together  with 
him,  made  a  minute  survey,  finding  her  to  be  an  iron  vessel  of  1,569  tons  register,  and 
300  nominal  horse-power,  built  by  Messrs.  Pearse  &  Co.,  Stockton-on-Tees,  fitted  in  the 
ordinary  manner  of  ocean  steamers  trading  from  this  port,  having  a  screw-propeller, 
top-gallant  forecastle,  and  poop-deck  aft,  with  deck-houses  extending  right  fore  and 
aft  amidships,  excepting  over  the  entrance  to  the  engine-room ;  has  accommodation 
for  sixty-six  cabin-passengers,  but  not  for  steerage-passengers,  her  between  decks  be- 
ing intended  for  cargo,  except  the  portion  occupied  for  engine-room  and  boiler  space. 
She  is  also  fitted  with  steam-winches  for  working  cargo.  Her  top  sides  are  constructed 
of  f-inck  iron  plates,  there  being  no  room  whatever  on  deck  for  working  guns,  and  no 
ports  other  than  a  gangway  at  each  side  for  taking  in  or  discharging  cargo.  There  are 
two  ordinary  signal-guns  on  deck,  but  nothing  at  all  in  her  appearance  or  construction 
indicating  that  she  was  ever  intended  for  warlike  purposes.  In  this  opinion  Mr. 
Hobbs  fully  concurred. 

Respectfully  submitted. 

(Signed)  MARTIN  BYRNE, 

Acting  Surveyor. 


No.  27. 

Mr.  Waddington  to  Mr.  Layard. 

[Immediate.] 

Whitehall,  June  29,  1863.     (Received  June  30.) 
Sir  :  1  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you 
herewith  copies  of  a  letter  from  the  mayor  of  Liverpool,  and  of  a  further 
report  from  the  head  constable  of  that  borough,  relative  to  vessels  in  that 


BRITISH    CASE    AND    PAPERS.  259 

port,  which,  it  is  supposed,  are  intended  to  act  hostilely  against  the 
Government  of  the  United  States ;  and  1  am  to  request  that  you  will 
submit  the  same  to  Earl  Eussell,  and  move  his  lordship  to  inform  Sir 
George  Grey  whether,  on  consideration  of  the  last  paragraph  of  the 
mayor's  letter,  he  continues  of  opinion  that  instructions  should  be  given 
to  the  police  to  continue  to  watch  those  vessels,  agreeably  to  the  wish 
expressed  in  your  letter  of  the  25th  instant. 

I  am,  &c, 

(Signed)  H.  WAD1HNGTON. 


[Inclosure  1  in  No.  27.] 

Mr.  Shuttletvorth  to  Mr.  Waddington. 

Town-Hall,  Liverpool,  June  26,  1863. 
Sir :  I  beg  to  forward  further  report  made  by  the  head  constable  to  the  mayor  to- 
day, on  the  subject  of  vessels  in  this  port  believed  to  be  acting  hostilely  toward  the 
United  States  Government.  This  seems  to  exhaust  the  means  of  information  to  be  ob- 
tained upon  this  subject ;  and  referring  to  your  letter  of  the  5th  instant,  I  have  to  in- 
form you  that  the  head  constable,  considering  the  very  great  inconvenience  which  re- 
sults from  the  officer  being  specially  detached  for  this  duty,  has  withdrawn  such  offi- 
cer from  the  same. 

I  am,  &c, 

(Signed)  WM.  SHUTTLE  WORTH,  Town  Clerk. 


[203]  *  [Inclosure  2  in  No.  27.] 

Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

June  25,  1863. 

The  head  constable  has  the  honor  to  lay  before  his  worship  the  mayor  further  reports 
relative  to  tbe  fitting  out  of  vessels  in  this  port  believed  to  be  intended  to  act  hostilely 
toward  the  United  States  Government. '  These  reports  are  continued  from  Monday,  the 
22d  instant,  up  to  this  day. 

Monday,  June  22,  1863. — Officer  continuing  his  inquiries  respecting  the  steamships 
Southerner  and  Gibraltar,  both  of  which  remain  in  the  same  condition  as  they  were  in 
on  Saturday. 

Tuesday,  June  23. — The  Southerner  is  still  lying  in  the  Trafalgar  dock,  apparently  un- 
dergoing some  slight  alteration,  testing  her  machinery,  &c. 

Thursday,  June  25. — The  Southerner  has  been  surveyed  by  Mr.  Byrne  and  a  gentle- 
man from  one  of  Her  Majesty's  dock-yards,  and  they  declare  that  her  construction  and 
fittings  show  her  to  be  adapted  for  a  passenger-ship.  Officer  has  seen  the  town  clerk 
and  the  United  States  vice-consul,  and  has  reported  verbally  to  them  the  result  of  his 
inquiries.  The  town  clerk  instructed  officer  to  report  to  the  head  constable  that  as 
the  Gibraltar  is  now  being  watched  by  the  officers  of  Her  Majesty's  customs,  and  as 
the  United  States  vice-consul  believes  nothing  more  need  be  done  at  present  in  the 
matter,  the  services  of  the  officer  specially  employed  may  be  discontinued  from  this 
date. 

Under  these  circumstances  the  headt  constable  would  submit  to  his  worship  that  the 
officer  be  withdrawn  from  this  duty,  which  has,  from  the  beginning,  been  one  of  no 
small  difficulty,  and  attended  with  no  small  degree  of  anxiety. 

(Signed)  J.  J.  GREIG,  Head  Constable. 


No.  28. 

Earl  Eussell  to  Mr.  Adams. 

Foreign  Office,  July  3,  1803. 
Sir:  I  had  the  honor,  on  the  12th  of  June,  to  communicate  to  you 
the  result  of  the  inquiries  which  had,  up  to  that  time,  been  instituted 


260  TREATY    OF    WASHINGTON. 

by  Her  Majesty's  government  with  reference  to  the  statements  respect- 
ing the  vessel  Southerner  contained  in  your  letter  of  the  3d  of  that 
month.  I,  however,  added  that  attention  should  nevertheless  continue 
to  be  paid  to  that  vessel,  with  the  view  of  guarding,  as  far  as  possible, 
against  her  being  equipped  in  this  country  in  a  manner  inconsistent 
with  the  provisions  of  the  foreign-enlistment  act. 

I  have  now  to  inform  you  that  in  fulfillment  of  that  assurance,  Her 
Majesty's  government  considered  it  desirable  to  request  the  board  of 
admiralty  to  associate  with  the  custom-house  surveyor  at  Liverpool  an 
officer  well  acquainted  with  the  build  and  equipments  of  vessels  of  war, 
with  instructions  to  survey  the  Southerner,  and  to  report  the  result  to 
Her  Majesty's  government. 

That  officer's  report  has  now  been  received,  and  I  have  the  honor  to 
acquaint  you  that  it  appears  from  it  that  the  Southerner  is  an  ordinary- 
built  iron-screw  steam  passenger  and  cargo  vessel  of  1,569  tons,  fitted 
with  engines  of  300  horse-power.  That  she  is  also  fitted  with  top-gallant 
forecastle  and  poop  deck,  with  deck-houses  continuous  fore  and  aft 
with  the  same,  in  the  same  manner  as  the  Inman  line  of  screw-boats 
sailing  between  Liverpool  and  New  York;,  that  she  is  fitted  aft  under 
the  poop-deck  with  .cabin  accommodation  for  about  sixty- six  saloon- 
passengers,  the  forecastle  for  the  crew,  and  deck-houses  for  the  ship's 
officers  $  that  her  holds  are  appropriated  for  the  reception  of  cargo,  and 
that  she  is  fitted  with  steam-winches  for  working  the  same. 

The  admiralty  surveyor  further  reports  that  he  finds  upon  examina- 
tion that  her  top  sides  are  of  iron  plates,  f  -inch  thick,  and  are  in  no  way 
fitted  or  secured  for  the  working  of  guns,  and  that  she  has  two  gang- 
ways fitted,  one  on  each  side  amidships,  for  the  purpose  of  working  her 
cargo. 

The  surveyor,  in  conclusion,  says  that  upon  fully  examining  the 
Southerner,  he  cannot  find  anything  with  regard  to  construction  or 
fittings  that  would  lead  him  to  suppose  that  she  was  intended  for  belliger- 
ent purposes. 

I  am,  &c, 

(Signed)  KUSSELL.. 


[209]  *No.  29. 

Mr  Dayton  to  Mr.  iSeward. 

Legation  of  the  United  States, 

Paris,  October  6,  1863. 
Sir  :  I  have  the  honor  to  inclose  herewith  a  copy  of  a  communication 
just  received  from  the  United  States  consul  at  Algiers,  in  reference  to 
the  rebel  steamer  Southerner.     From  this  it  would  appear  that  she  is 
engaged  in  the  transportation  of  cotton  to  England. 
I  am,  &c, 
(Signed)  WILLIAM  L.  DAYTON. 


[Inclosure  in  No.  20.] 
Mr.  Kingsbury  to  Mr.  Dayton. 

Consulate  of  the  United  States, 

Algiers,  October  2,  1863. 
Sir  :  I  have  the  honor  to  inform  yon  that  while  ahsent  from  my  post  by  special  permis- 
sion, I  received  information  that  the  suspected  pirate  steamship  Southerner  was  at  Malta, 


BRITISH    CASE    AND    PAPERS.  261 

en  route  from  Alexandria  to  Algiers.  Accordingly,  I  made  all  possible  haste  to  return, 
hoping,  if  my  information  was  correct,  and  our  apprehensions  should  he  sustained  by 
the  actual  character  of  this  vessel,  that  I  might  be  able  to  render  some  service  to  our 
country.  But  since  my  arrival  I  have  ascertained  that  the  Southerner  came  into  this 
port  on  or  about  the  20th  ultimo,  and  landed  several  hundred  Turkish  pilgrims,  and 
proceeded  hence  to  Tangiers  to  land  the  remainder  of  this  class  of  her  passengers. 

She  had  a  full  cargo  of  cotton,  even  her  cabin  being  filled,  and  was  proceeding  to 
Liverpool,  having  been  dispatched  on  this  voyage  by  the  well-known  firm  of  Wilson  & 
Co.  The  ship  has  an  English  register,  a  transcript  of  which  I  have  seen,  is  about  1,500 
tons,  and  has  a  crew  of  52  men.  While  in  this  port  she  hoisted  none  but  the  English 
flag.  This  information  has  been  given  to  me  by  a  perfectly  competent  and  reliable 
gentleman  of  my  acquaintance  at  this  place. 

I  am  also  informed  that  the  British  and  United  States  flags  are  painted  upon  the 
partitions  of  the  companion-way  or  entrance  to  her  cabin,  the  ship  having  been  built, 
it  is  said,  to  run  between  Liverpool  and  Charleston.  Captain  Butcher,  who  commanded 
the  Alabama  on  her  trial-trip,  commands  the  Southerner,  and  has  been  for  several  years 
employed  by  Messrs.  Wilson  &  Co. 

I  think  this  information,  which  I  have  not  the  slightest  reason  to  doubt,  will  quiet 
our  apprehensions  concerning  this  vessel,  at  least  until  she  has  discharged  her  cargo  of 
cotton. 

With,  &c, 

(Signed)  EDWARD  L.  KINGSBURY, 

United  States  Consul. 


P11]  ^ALEXANDRA 


J213J 


*  TABLE  OF  CONTENTS. 


Alexandra. 
J' art  I. 


ALEXANDRA 
Pabt  I. 


© 

From  whom  and  to  whom. 

Date. 

Subject. 

©.2 

©  .Tj 

& 

m  © 

Page. 

Page. 

1 

Mr.  Adams  to  Earl  Russell 

Mar. 

30, 1863 

Alexandra  preparing  at  Liverpool  for 
confederate    government.      Affida- 
vits   forwarded  by  United  States 
consul  at  Liverpool  to  collector  of 
customs,  with  demand  for  seizure 

219 

271 

of  the  vessel. 

2 

Earl  Eussell  to  Mr.  Adams 

Mar. 

31, 1863 

"Will  forward  his  note  and  inclosures 
to  the  proper  departments. 

227 

278 

3 

Foreign  office  to  treasury  and 

Mar. 

31, 1863 

Copy  of  Mr.  Adams's  note.     To  take 
whatever  steps  are  legally  possible. 

227 

279 

home  office. 

4 

Treasury  to  foreign  office 

Home  office  to  foreign  office. . . 

Mar. 
Apr. 

31, 1863 
1, 1863 

Eeport  from  customs 

228 
229 

279 

5 

Instructions  to  mayor  of  Liverpool 

280 

to  make  inquiries  in  concert  with 
customs  authorities. 

6 

Earl  Eussell  to  Mr.  Adams 

Apr. 

3, 1863 

Instructions  given  to  mayor  of  Liver- 
pool.   . 
A  dvise  seizure  of  the  vessel 

229 

281 

7 

Law-officers  to  foreign  office.. 

Apr. 

4, 1863 

229 

281 

8 

Foreign  office  to  treasury 

Apr. 

4, 1863 

To  give  orders  for  the  seizure  of  the 
Alexandra,  and  collection  of  evi- 
dence. 

230 

9 

Earl  Eussell  to  Mr.  Adams 

Apr. 

5, 1863 

Orders  given  for  seizure  of  Alexandra. 
Eequesting  that  United  States  con- 
sul at  Liverpool  may  be  instructed 
to  communicate  any  information  in 
his  power. 

231 

283 

10 

Mr.  Adams  to  Earl  Eussell 

Apr. 

6, 1863 

Satisfaction  at  seizure  of  the  Alexan- 
dra.   Has  sent  instructions  to  con- 
sul at  Liverpool. 

Steps  taken  for  seizure  of  the  vessel. 

231 

284 

11 

Treasury  to  foreign  office  . 

Apr. 

6, 1863 

232 

284 

Question  as  to  refusing  British  reg- 
istry. 
Inquiring  whether  he    should  take 

12 

Mr.  Adams  to  Earl  Eussell 

Apr. 

9, 1863 

234 

286 

simultaneous  proceedings    against 
the  vessel  on  behalf  of  the  United 

States. 

13 

Earl  Eussell  to  Mr.  Adams 

Apr. 

9, 1863 

Has  referred  above  question  to  the 
treasury. 

234 

287 

14 

Treasury  to  foreign  office 

Apr. 

9, 1863 

Opinion  of  law-officers  as  to  refusal 
of  registry  and  institution  of  crim- 
inal  proceedings    against    parties 
implicated. 

234 

287 

15 

Earl  Eussell  to  Mr.  Adams 

Apr. 

11, 1863 

For  further  explanations  as  to  pro- 
posal of  simultaneous  action  on  the 
part  of  the  United  States. 

235 

288 

16 

Mr.  Adams  to  Earl  Eussell 

Home  office  to  foreign  office . . . 

Apr. 
Apr. 

11, 1863 
11, 1863 

Explanation  of  his  meaning 

235 
235 

288 

17 

Eeport  from  police  officer  stationed  to 

288 

watch  vessels  at  Liverpool. 

18 

do 

Apr. 

13, 1863 

Eequest  from  solicitors  for  Messrs. 
Fawcett,  Preston   &  Co.  to  be  al- 

238 

291 

lowed  to  see  depositions  sent  by 

Mr.  Adams. 

19 

Foreign  office  to  treasury 

Apr. 

15, 1863 

Forwarding  above.    Shall  request  to 
be  complied  with. 

239 

292 

20 

Treasury  to  foreign  office 

Apr. 

18,1863 

Application  should  not  bo  complied 

with. 
Forwarding  copy  of  above 

239 

292 

21 

Foreign  office  to  home  office. . . 

Apr. 

18, 1863 

239 

293 

266 


TREATY    OF    WASHINGTON. 
ALEXANDRA— Part  I— Continued. 


From  whom  and  to  whom. 


Earl  Eussell  to  Mr.  Adams. . . 
Mr.  Adams  to  Earl  Russell . . . 
do 


Foreign  office  to  treasury  and 

home  office. 
Treasury  to  foreign  office 


Date. 


Apr.  23, 1863 
Apr.  25,1863 
Apr.  28, 1863 

Apr.  29, 1863 
Nov.  28, 1864 


Subject. 


Asking  for  more  specific  information 

as    to    his-  offer    of    simultaneous 

action. 
Will  take  measures  to  procure  the 

information  desired  as  to  proposed 

simultaneous  action. 
Letter  from  his  solicitors.    Does  not 

think  it  advisable  to  take  part  in 

the  prosecutions  on  behalf  of  his 

Government. 
Copy  of  above 


Damages   claimed    by  owners    com- 
pounded at  £3,700. 


Part  II. 


Colonial  office  to  foreign  office 


Mr.  Lafone  to  Earl  Russell 


Oct. 


1864 


Jan.     9,  1665 


Jan.   11,1865 


Law-officers  to  foreign  office  . . !  Jan.   12, 1865 


Foreign  office  to  colonial  office 
Mr.  Burnley  to  Earl  Russell. .. 


Jan. 
Jan. 


13, 1865 
6, 1865 


Foreign  office  to  Mr.  Lafone. . .  Jan.  20, 1865 


Foreign  office  to  colonial  office. 
Colonial  office  to  foreign  office. 

Mr.  Burnley  to  Earl  Russell. . . 

Colonial  office  to  foreign  office. 
Mr.  Lafone  to  foreign  office. . . 
Admiralty  to  foreign  office 

Foreign  office  to  Mr.  Lafone. . . 
Mr.  Burnley  to  Earl  Russell.  - . 

Mr.  Adams  to  Earl  Russell 

Earl  Russell  to  Mr.  Adams 


Jan. 
Jan. 


21, 1865 
23, 1885 


Jan.  24*,  1865 


Feb. 

11, 1865 

Feb. 

17, 1865 

Feb. 

17, 1865 

Feb. 

18, 1865 

Feb. 

3,  1865 

Mar.    7, 1865 


Mar.    9,1865 


Application  from  United  States  con- 
sul at  Halifax  to  governor  of  Nova 
Scotia,  to  prevent  the  Mary  from 
being  equipped  as  a  privateer.  In- 
quiries made  by  the  governor. 

Dispatches  from  the  Bahamas,  report- 
ing investigations  and  eventual 
seizure  of  the  Mary  at  Nassau. 
For  opinion  of  law-officers. 

Is  the  seizure  of  his  vessel  the  act 
of  the  governor  of  the  Bahamas  or 
of  Her  Majesty's  government? 

Approve  of  the  seizure  of  the  vessel. 
Advising  as  to  course  to  be  pur- 
sued. 

Forwarding  copy  of  above  report 

Correspondence  with  the  governor 
of  Nova  Scotia  and  the  Bahamas 
as  to  the  Mary.  Mr.  Seward's  sat- 
isfaction at  her  seizure. 

His  vessel  seized,  by  the  colonial 
government  for  violation  of  the 
foreign-enlistment  act.  The  ques- 
tion will  be  tried  by  law. 

Forwarding  correspondence  with  Mr. 
Lafone. 

Dispatches  to  governor  of  the  Baha- 
mas approving  of  the  seizure  of  the 
Mary,  and  instructing  him  as  to 
course  to  be  pursued. 

Course  pursued  by  the  governor  of 
the  Bahamas  as  to  the  solicitor- 
general,  who  was  acting  for  the 
defendants  in  the  suit. 

The  cause  is  in  progress  before  the 
vice-admiralty  court  at  Nassau. 

Inquiring  whether  her  Majesty's  gov- 
ernment will  release  the  vessel. 

Report  from  Admiral  Hope  on  the 
construction  and  fittings  of  the 
vessel. 

The  vessel  can  only  be  released  in 
the  ordinary  course  of  law. 

Mr.  Seward's  satisfaction  at  the  course 
pursued  toward  the  solicitor-general 
at  Nassau. 

Requests  that  steps  may  be  taken  to 
prevent  the  Mary,  if  condemned 
and  sold,  from  being  bought  in  to 
be  again  fitted  as  a  confederate 
privateer. 

Has  forwarded  his  letter  to  the  proper 
department. 


BRITISH   CASE   AND    PAPERS. 
MARY,  (or  ALEXANDRA)— Part  II— Continued. 


267 


u 
,2 

a 

B 

6 

From  whom  and  to  whom. 

-  Date. 

Subject. 

>  8 

S.2 

02    © 

18 
1<) 

Foreign  office  to  colonial  office. 
do 

Mar.    9,1865 
Mar.  10, 1865 

Mar.  13, 1865 
Mar.  18, 1865 
Mar.  24, 1865 

Mr.  Adams's  representation.    For  ob- 
servations before  submitting  to  the 
law-officers. 

As   to  Mr.  Adams's  representation. 
The  governor  will  be  directed  not 
to  sell  the  vessel  until  further  or- 
ders. 

Dispatch  from  the  governor  of  the 
Bahamas,  reporting  the  progress  of 
the  proceedings. 

Steps  to  be  taken   to   prevent  any 
future  use  of  the  Mary  as  a  confed- 
erate war  vessel. 

Forwarding  the  above 

Paqe. 
280 

280 

281 

281 
282 

Page. 
332 

333 

20 
21 
22 

Colonial  office  to  foreign  office. 
Law-officers  to  foreign  office . . 
Foreign  office  to  colonial  office 

333 
334 
335 

23 

24 

and  treasury. 
Colonial  office  to  foreign  office. 

do 

Apr.    8, 1865 
Apr.  12,1865 

May    9, 1865 

July    5,1865 
July  31, 1865 

The  statement  of  the  owner  of  the 
vessel  that  she  was  altered  into  a 
passenger  ship  is  untrue. 

Correspondence  between  the  gover- 
nor of,  the  Bahamas  and  Admiral 
Hope  as  to  seizure  of  the  Mary,  and 
expediency  of  the  presence  of  a 
vessel  of  war  at  Nassau. 

Observations  of  the  governor  as  to 
possible  future  conversion  of  the 
vessel  into  a  confederate  cruiser. 
She  cannot  be  sold  without  orders, 
if  condemned. 

Acquittal  of   the  vessel.    Inclosing 
copy    of  judgment    of   the    court. 
The  attorney-general  has  decided 
on  not  appealing. 

Opinion  as  to  judgment  and  course 
pursued    by  the  attorney-general. 
Certificate  should  be  procured  that 
there   was    reasonable    cause    for 
seizure. 

There  was  probable  ground  for  seizure. 

282 
283 

285 

286 
303 

304 

335 
336 

25 

:..... do 

338 

*26 

.  ; 
[215J     do 

339 

27 
28 

Law-officers  to  foreign  office.. 

Certificate  of  vice-admiralty 
court. 

355 

\  . 


PART  I. 


ALEXANDRA 


[219]  ALEXANDRA. 


PART  I. 


No.  1. 

j  Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  March  30,  1863.    (Received  March  31.) 

My  Lord  :  I  have  the  honor  to  acknowledge  the  reception  of  your 
lordship's  note  of  the  28th  instant,  in  reply  to  my  represent-  Correspondence 
ation  of  the  cases  of  the  Phantom  and  Southerner,  believed 
to  be  fitting  out  from  this  kingdom  for  the  purpose  of  carrying  on  war 
against  the  United  States.  In  accordance  with  your  lordship's  sugges- 
tion, I  have  written  to  Mr.  Dudley,  the  consul  of  the  United  States  at 
Liverpool,  directions  to  obtain  all  the  evidence  within  his  power  to 
fortify  his  allegation. 

I  now  have  the  honor  to  transmit  to  your  lordship  a  copy  of  a  letter 
from  Mr.  Dudley,  together  with  a  number  of  depositions  taken  before 
the  collector  of  Liverpool,  going  to  show  a  similar  equipment  of  another 
steamer,  called  the  Alexandra,  in  the  same  port.  I  shall  remit  no  exer- 
tion to  place  in  the  hands  of  Her  Majesty's  government  all  the  informa- 
tion that  can  be  obtained  touching  these  hostile  designs,  being  quite 
confident  that  I  can  in  no  way  contribute  so  effectually  to  the  defeat  of 
the  machinations  of  evil-minded  persons  who  hope,  through  a  ftexter- 
ous  use  of  such  hostile  armaments,  to  involve  the  people  of  the  two 
countries  in  hostilities  out  of  which  neither  can  expect  to  reap  the 
smallest  advantage. 

I  have  the  honor  likewise  to  submit  to  your  lordship's  consideration 
another  note  from  Mr.  Dudley,  of  the  28th  instant,  transmitting  copies 
of  certain  papers  which  appear  to  prove  quite  conclusively  the  relation 
of  certain  persons  in  Liverpool,  whose  names  appear  therein,  to  the  in- 
surgent authorities  of  the  United  States.  It  thus  appears  that  the 
same  individuals  who  were  concerned  in  the  outfit  and  departure  of  the 
gun-boat  No.  290  are  those  now  mentioned  as  directing  the  outfit  of  the 
Alexandra.  I  would  most  especially  solicit  your  lordship's  attention  to 
the  letter  of  instructions  signed  by  James  D.  Bullock,  and  dated  28th 
of  July,  1862.  This  was  the  day  before  the  departure  of  No.  290  from 
Liverpool.  The  directions  to  enlist  Her  Majesty's  subjects,  together 
with  the  means  to  be  resorted  to  in  order  to  persuade  them  to  carry  on 
war  against  the  people  of  a  friendly  nation,  are  most  particularly  de- 
serving of  notice.  As  connecting  the  links  of  evidence  touching  the 
purposes  of  the  parties  at  Liverpool,  the  allegation  of  the  dispatch  of 
the  Agrippina  from  Liverpool,  with  the  necessary  objects  to  complete 
the  warlike  equipment  of  No.  290,  seems  to  be  of  essential  value. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


272  TREATY    OF   WASHINGTON. 

[Inclosure  1  in  No.  l.J 

Mr.  Dudley  to  Mr.  Adams. 

United  States  Consulate, 

Liverpool,  March  28,  1863. 
Sir  :  I  inclose  you  copies  of  certain  papers  that  came  into  my  possession  yesterday- 
The  letter  from  Bnllock  to  Mallory  is  merely  a  copy  kept  by  Mr.  Yonge,  who  was  at 
the  time  actiug  as  Captain  Bullock's  secretary.     The  others  are  original.     They  are  all 
genuine. 

I  am,  &c, 

(Signed)  »         THOMAS  H.  DUDLEY. 


[220]  *  [Inclosure  2  in  No.  1.] 

Captain  Bullock,  C.  S.  N.,  to  Mr.  Mallory.  \ 

Wilmington,  N.  C,  January  30,  1862. 

Sir  :  Day  before  yesterday  I  went  down  to  the  mouth  of  Cape  Fear  River  to  examine 
the  present  position  of  the  blockading  squadron,  and  to  learn  something  of  their  gen- 
eral movements.  As  the  depth  of  water  over  New  Inlet  Bar  is  less  than  the  draught  of 
the  Annie  Childs,  I  merely  noted  the  fact  that  two  bark-rigged  gun-boats  were  an- 
chored off  that  entrance,  and  proceeded  at  once  to  the  mouth  of  the  Main  River.  I  re- 
turned to  the  city  last  night,  and  regret  to  report  that  the  enemy  are  very  active  and 
watchful,  and  lie  in  such  a  position  as  to  forbid  any  attempt  to  run  out,  except  under 
very  fortuitous  circumstances  of  weather.  Two  gun-boats  are  now  lying  about  one 
mile  west-southwest  from  the  bar,  and  one  of  them  practiced  target-firing  for  two  or 

hours  on  Tuesday  at  a  house  on  the  beach.     The  guns  used  were  11-inch  and 

6J-inch  rifled,  as  proved  by  shells  picked  up  in  the  woods.  The  firing  was  excellent  in 
range  and  direction,  the  distance  being  two  miles,  and  the  house  being  completely  rid- 
dled. To-day  the  Annie  Childs  is  ready  for  sea,  and  it  is  Captain  Hammond's  intention 
to  drop  her  down  at  high  water  to-morrow  as  far  as  the  bends  of  the  river  will  afford 
concealment  from  the  enemy's  glasses  off  the  bar,  and  there  to  await  the  first  favor- 
able chance  to  slip  out.  Captain  Hammer  has  had  much  difficulty  in  getting  a  pilotr 
and  even  now  is  not  sure  of  the  one  he  has  engaged  for  the  voyage,  several  having 
begged  off  already,  after  positive  engagements  to  go.  In  such  adventures  as  these  all 
must  necessarily  be  of  willing  minds.  I  cannot,  sir,  exaggerate  the  relief  I  will 
experience  in  being  rid  of  all  such  obstacles  as  are  beyond  my  own  judgment  and 
control,  nor  the  intense  satisfaction  with  which  I  will  hail  the  first  plunge  of  the  deep- 
sea  lead,  with  its  assurance  that  the  Annie  Childs  is  free  from  skittish  pilots  as  well 
as  blockaders.  Midshipman  Maffit  has  this  morning  reported  to  me  for  duty.  I  have 
directed  Mr.  Yonge  to  open  a  regular  pay-roll,  and  to  take  up  all  the  officers'  accounts. 
Will  you  please  inform  me-  whether  they  are  to  draw  sea-pay  from  date  of  orders,  or 
from  the  time  of  joining  a  ship  in  England  ?  I  will  have  no  funds  for  pay-accounts 
here,  but  I  hope  to  get  off  so  soon  as  not  to  make  it  necessary  to  draw  for  any.  It  is 
quite  impossible  to  appoint  a  sailing  day,  but  as  no  opportunity  will  be  lost  I  may  not 
be  able  to  write  you  again,  but  will  arrange  to  have  a  telegraph  sent  you  whenever 
the  ship  goes  out. 

As  I  go  down  in  the  ship  to-morrow,  you  will  please  direct  any  further  commu- 
nication to  care  of  Howell,  of  this  place,  who  will  forward  all  letters  to  me  at  Smith- 
ville. 

I  am,  &c, 

(Signed)  JAMES  D.  BULLOCK. 


[Inclosure  3  in  No.  1.] 

Receipt. 

Liverpool,  July  9, 1862. 

Received  from  Clarence  R.  Yonge,  assistant  paymaster,  Confederate  States  navy,  the- 
sum  of  twenty  pounds  on  account  of  pay  and  travel. 
£20. 

(Signed)  WILLIAM  ANDREWS, 

Acting  Master,  C.  S.  N. 

Approved,  and.  Clarence  R.  Yonge,  assistant  paymaster,  Confederate  States  navy^ 


BRITISH    CASE    AND    PAPERS.  273 

will  pay  the  above  amount  (twenty  pounds)  to  William  Andrews,  acting  midshipman, 
Confederate  States  navy. 

(Signed)  JAMES  H.  NORTH, 

Confederate  States  Navy. 


[221]  *[Inclosure  4  in  No.  1.] 

Captain  Bullock,  C.  S.  N.,  to  Mr.  Yonge. 

Liverpool,  July  28,  1662. 
,  Sir  :  You  will  join  the  steamship  Alabama,  temporarily  under  the  orders  of  Captain 
W.  J.  Butcher,  and  proceed  in  her  to  sea.  The  Alabama  may  have  to  cruise  several 
days  in  the  British  Channel  and  to  touch  at  one  or  two  ports;  during  this  time  you 
are  strictly  enjoined  not  to  mention  that  you  are  in  any  way  connected  with  the  Con- 
federate States  navy,  but  you  will  simply  act  as  the  purser  of  a  private  ship. 

In  this  capacity  you  will  keep  accounts  of  all  moneys  paid,  and  you  will  assist  Cap- 
tain Butcher  in  any  way  he  may  desire.  You  have  been  provided  with  an  invoice  of 
everything  now  on  board  the  Alabama,  as  well  as  the  cargo  shipped  on  board  the  brig 
Agrippina,  which  vessel  you  will  meet  at  the  port  to  which  the  Alabama  is  bound. 
The  invoice  of  the  Agrippina's  cargo  gives  the  mark  and  number  of  every  case  and  bale, 
the  contents  of  each,  and  the  part  of  the  vessel  in  which  it  is  stored.  You  will  endeavor 
to  make  yourself  fully  acquainted  with  the  invoices  and  examine  the  store-rooms,  so  that 
you  will  be  able  to  give  sufficient  aid  in  getting  everything  in  its  proper  place  when 
the  transfer  of  stores  is  made.  When  the  Alabama  is  fairly  at  sea  you  will  mix  freely 
with  the  forward  and  petty  officers.  Show  interest  in  their  comfort  and  welfare,  and 
endeavor  to  excite  their  interest  in  the  approaching  cruise  of  the  ship.  Talk  to  them 
of  the  Southern  States,  and  how  they  are  fighting  against  great  odds  for  only  what 
every  Englishman  enjoys — liberty.  Tell  them  that  at  their  port  of  destination,  a 
distinguished  officer  of  the  Confederate  States  navy  will  take  command  of  the 
ship,  and  he  will  ask  them  to  ship  for  a  cruise  in  which  they  will  have  the  most  active 
service  and  will  be  well  taken  care  of.  I  do  not  mean  that  you  are  to  make  the  men 
set  speeches  or  be  constantly  talking  to  them  ;  but  in  your  position  you  may  throw 
out  to  leading  men  hints  of  the  above  tenor,  which  will  be  circulated  upon  the  berth- 
deck.  Seamen  are  very  impressible,  and  can  be  easily  influenced  by  a  little  tact  and 
management.  , 

When  Captain  Semmes  joins  you  will  at  once  report  to  him,  and  act  thereafter  under 
his  instructions.  He  will  be  a  stranger  to  the  ship  and  crew,  and  will  be  in  a  position 
of  great  responsibility  and  embarrassment.  You  have  it  in  your  power  to  smooth 
away  some  of  his  difficulties  in  advance,  especially  in  having  all  the  stores  and 
cargo  of  the  ship  in  an  orderly  state  and  the  men  settled  and  well  disposed,  and  I 
confidently  rely  upon  your  exertions  to  bring  about  such  a  state  of  things.  You  will 
consider  yourself  as  temporarily  under  the  order  of  Captain  Butcher,  in  whom  I 
place  great  confidence,  and  by  strict  attention  to  your  duties  and  the  display  of 
zeal  and  judgment  in  their  execution  you  will  evince  a  just  appreciation  of  the  trust 
reposed  in  you,  and  will  prove  that  your  appointment_to  so  important  a  post  has  been 
deserved. 

Wishing,  &c, 

(Signed)  JAMES  D.  BULLOCK. 


[Inclosure  5  in  No.  l.J 

Captain  Bulloclc  C.  S.  2f.f  to  Mr.  Yonge. 

Liverpool,  July  30,  1862. 
Sir:  By  virtue  of  authority  granted  me  by  the  Hon.  S.  B.  Mallory,  secretary  of  the 
navy  of  the  Confederate  States,  I  hereby  appoint  you  acting  assistant  paymaster,  this 
appointment  to  date  from  the  21st  day  of  December,  1861. 
Very  respectfully, 
(Signed)  JAMES  D.  BULLOCK. 


Acting  Assistant  Paymaster  Young  reported  to  me  for  duty  on  board  the  Confederate 
States  steamer  Alabama,  near  the  island  of  Terceira,  on  24th  August,  1862. 

(Signed)  R.  SEMMES, 

Commander. 

H.  Ex.  282,  vol.  ii -18 


274  TREATY    OF    WASHINGTON. 

[222]  *[Inclosure  6  in  No.  1.] 

Commander  Semmes  to  Mr.  Yonge. 

CONFEDERATE  STATES  STEAMER  ALABAMA, 

Port  Royal,  January  25,  1863. 
Sm :  Your  appointment  as  acting  paymaster  of  the  ship  is  hereby  revoked.  You 
will  turn  over  all  the  rolls  and  papers  connected  with  your  late  office  to  Acting  Pay- 
master Gait,  who  has  been  appointed  to  relieve  you.  As  to  the  disposition  of  your  per- 
son, you  may  either  remain  on  board  this  ship  as  supernumerary  until  an  opportunity 
shall  offer  of  sending  you  to  the  Confederate  States,  or  go  on  shore  here,  as  you  may 
prefer. 

Very  respectfully, 

(Signed)  .  R.  SEMMES. 


[Inclosure  7  in  No.  1.] 

Mr.  Dudley  to  Mr.  Adams. 

United  States  Consulate, 

Liverpool,  March  28,  1863. 
Sir  :  I  inclose  you  copies  of  affidavits  made  before  the  collector  of  the  port  of  Liver- 
pool, and  submitted  to  him  in  support  of  an  application  by  me  made  to  him  this  day  to 
detain  the  gun-boat  recently  launched  from  the  yard  of  William  C.  Miller  &  Sons, 
called  the  Alexandra,  which  has  been  built  for  and  is  now  being  fitted  out  here  in  this 
port  to  cruise  and  make  war  against  the  Government  and  people  of  the  United  States. 
The  copies  are  sent  to  you  for  the  purpose  of  being  laid  before  the  secretary  of  foreign 
affairs  of  Her  Majesty's  government,  as  the  basis  of  an  application  for  them  to  arrest 
this  vessel,  at  the  instance  of  my  legal  advisers. 
I  have,  &c, 
(Signed)  THOMAS  H.  DUDLEY. 


t  [Inclosure  8  in  No.  1.] 

Mr.  Dudley  to  Mr.  Edwards. 

To  Samuel  Price  Edwards,  Esq.,  Collector  of  Customs,  Liverpool : 

I,  the  undersigned,  Thomas  Haines  Dudley,  consul  of  the  United  States  of  America 
for  the  port  of  Liverpool  and  its  dependencies,  do  hereby  apply  to  you,  on  behalf  of  the 
Government  of  the  United  States  of  America,  to  seize  and  detain  a  vessel  now  lying  in 
the  Toxteth  dock,  in  the  port  of  Liverpool,  called  the  Alexandra,  with  her  tackle,  ap- 
parel, and  furniture,  with  all  the  materials,  arms,  ammunition,  and  stores  which  may 
belong  to  or  be  on  board  of  the  said  vessel,  pursuant  to  the  powers  given  to  you  in  that 
behalf  by  the  seventh  section  of  the  act  of  Parliament,  59  Geo.  Ill,  cap.  69,  on  the  ground 
that  sucn  vessel  is  being  equipped,  furnished,  and  fitted,  in  order  that  such  vessel  shall 
be  employed  in  the  service  of  the  persons  assuming  to  exercise  the  power  of  government, 
and  called  the  Confederate  States  of  America,  and  with  the  intent  to  cruise  and  commit 
hostilities  against  the  Government  and  citizens  of  the  United  States  of  America,  with 
which  Government  Her  Majesty  the  Queen  is  not  now  at  war. 

(Signed)  THOMAS  H.  DUDLEY. 


[Inclosure  9  in  No.  1.] 
Declaration  of  Mr.  Thomas  JI.  Dudley. 

I,  Thomas  If.  Dudley,  of  No.  3  Wellesley  Terrace,  Liverpool,  in  the  county  of  Lan- 
caster, esquire,  do  solemnly,  sincerely,  and  truly  affirm  and  declare  that  the  taking  of 
any  oath  is,  according  to  my  religious  belief,  unlawful ;  and  I  do  also  solemnly,  sin- 
cerely, and  truly  affirm  and  declare  as  follows : 

1.  I  am  consul  of  the  United  States  of  America  for  the  port  of  Liverpool  and  its  de- 
pendencies. 

2.  I  say  there  is  now,  and  for  some  time  past  has  been,  a  war  carried  on  be- 
[223]  tween  *the  Government  and  people  of  the  United  States  of  America  and  certain 


BRITISH    CASE    AND    PAPERS.  275 

persons  who  have  rebelled  against  such  Government  and  pretended  to  set  up  and 
assume  to  exercise  the  powers  of  government,  styling  themselves  the  Confederate  States 
of  America. 

3.  I  farther  say  that  to  the  best  of  my  knowledge,  information,  and  belief,  no  leave 
or  license  has  been  had  or  obtained  from  or  of  Her  Majesty  the  Queen  under  her  sign- 
manual,  or  any  order  in  council,  or  any  proclamation  of  Her  said  Majesty,  or  otherwise, 
or  at  all  authorizing  any  person  within  any  part  of  the  United  Kingdom  to 
equip,  furnish,  fit  out,  or  arm  ships  or  vessels  with  intent  or  iu  order  that  such  ship 
or  vessel  shall  be  employed  in  the  service  of  the  said  so-called  Confederate  States  to 
cruise  or  commit  hostilities  against  the  Government  and  people  of  the  said  United 
States  of  America,  and  that  Her  Majesty  is  now  not  at  war  with  the  said  United 
States. 

4.  I  say  there  have  been  built  in  this  port  for  the  government  or  persons  as- 
suming the  government  of  the  so-called  Confederate  States  two  vessels  of  war; 
one  of  them,  namely,  the  Oreto,  now  called  the  Florida,  was  built  by  Messrs.  W. 
C.  Miller  &  Sons,  of  Liverpool,  and  another,  the  Alabama,  by  Messrs.  Laird  &,  Co., 
and  they  have  been  employed  by  the  said  so-called  Confederate  States  against  the 
Government  and  people  of  the  United  States  of  America  in  the  war  that  is  now  going  on, 
and  armaments  and  war-crews,  or  portions  of  the  said  crews,  for  both  the  said  vessels, 
went  out  in  them,  or  were  sent  out  from  England  to  meet  the  ships  abroad,  and  were 
then  placed  on  board  of  them. 

5.  On  the  7th  of  the  present  month  of  March  another  vessel,  built  and  intended  for 
a  steam- vessel,  was  built  by  the  said  Messrs.  W.  C.  Miller  &  Sons,  and,  as  this  deponent 
verily  believes,  built  and  intended  for  a  gun-boat,  was  launched  by  them  from  the  ship- 
building yard  in  Liverpool,  and  was  named  the  Alexandra,  and  which  vessel  is  now 
in  the  Toxteth  dock,  in  the  port  and  town  of  Liverpool,  in  the  United  Kingdom  of 
Great  Britain  and  Ireland. 

6.  Messrs.  Fawcett,  Preston  &  Co.,  of  Liverpool,  engineers,  as  I  am  informed  and 
verily  believe,  are  supplying  the  engines  for  and  are  now  erecting  and  fixing  the  same 
on  board  the  said  ship. 

7.  I  say  that  I  am  informed  and  verily  believe  that  Messrs.  Fraser,  Trenholm  &  Co., 
who  act  as  the  agents  for  the  said  so-called  confederate  government,  are  concerned  in 
having  the  ship  built  and  fitted  out,  and  that  the  moneys  required  for  such  purpose 
have  been  and  are  supplied  by  the  said  Messrs.  Fraser,  Trenholm  &  Co. 

8.  I  further  say  that  a  Captain  Bullock,  who  is  in  constant  communication  with 
parties  in  Liverpool  who  are  known  to  be  connected  with  and  acting  for  the  parties 
who  have  assumed  the  government  of  the  so-called  Confederate  States,  and  who 
superintended  the  building  of  the  vessel  Oreto,  now  called  the  Florida,  who  superin- 
tended the  building  and  fitting  of  the  steam  gun-boat  No.  290,  now  called  the  Alabama, 
and  who  went  with  her  on  part  of  her  voyage  out  of  this  port,  is  now  in  Liverpool, 
and,  as  I  am  iuformed  and  believe,  is  superintending  the  building  and  fitting  out  of 
the  Alexandra. 

9.  I  am  informed  and  verily  believe  that  a  Captain  Tessier,  who  has  been  long  in  the 
service  of  the  said  Fraser,  Trenholm  &  Co.,  and  who  commanded  the  Bahama  when 
she  took  out  Captain  Semmesj  (now  of  the  Alabama,)  as  also  part  of  the  crew  and 
armament  of  that  vessel,  to  meet  her  and  transship  the  same  into  her  when  she  was  at 
the  island  of  Terceira,  is  also  superintending  the  fitting  out  of  this  ship: 

10.  I  say  I  have  read  the  affidavits  of  Joffn  de  Costa,  Oliver  Remington  Mumford, 
Neil  Black,  Thomas  Hutson,  and  Matthew  Maguire,  sworn  the  28th  day  of  March 
instant,  and  I  say  that,  from  the  facts  therein  spoken  to  and  from  the  facts  and  cir- 
cumstances aforesaid,  I  verily  believe  and  say  that  the  said  vessel  Alexandra  is  being 
fitted  out  with  intent  and  in  order  that  the  said  vessel  shall  be  employed  in  the  service 
of  the  said  persons  setting  up  to  exercise  the  powers  of  government,  and  called  the 
Confederate  States  of  America,  and  with  the  intent  to  cruise  and  commit  hostilities 
against  the  Government  and  citizens  of  the  United  States  of  America. 

(Signed)  .  THOMAS  H.  DUDLEY. 

Affirmed  before  me  at  the  custom-house,  Liverpool,  this  28th  dav  of  March,  1863. 
(Signed)  S.  PRICE  EDWARDS, 

Collector. 


[224]  *£Inclosure  10  in  No.  1.1 

Affidavit  of  Mr.  John  De  Costa. 

I,  John  De  Costa,  of  Liverpool,  in  the  county  of  Lancaster,  shipping-agent  and  steam- 
tug  owner,  make  oath  and  say  as  follows : 

Messrs.  William  C.Miller  &  Sons,  ship-builders,  of  Liverpool,  have  been  constructing 
a  tug-boat  for  a  steam-tug  company  in  which  I  am  a  partner  and  shareholder,  and  I 


276  TREATY    OF    WASHINGTON. 

have  for  the  last  two  or  three  months  been  in  the  habit  of  attending  at  the  yard 
inspecting  our  boat.  In  the  same  yard,  and  on  the  slip  next  to  that  which  our  boat 
occupied,  there  was  being  built,  at  the  time  our  boat  was  being  built  by  Messrs.  Wil- 
liam C.  Miller  &  Sons,  a  ship  since  launched  and  called  the  Alexandra. 

I  say  that  I  was  informed  by  Mr.  William  C.  Miller,  the  senior  partner  of  the  said 
firm  of  William  C.  Miller  &  Sons,  that  the  said  ship  was  intended  for  a  gun-boat.  The 
said  William  C.  Miller  also  conversed  with  me  as  to  the  speed  of  the  steamship  Oreto, 
now  called  the -Florida,  which  was  built  by  them,  the  said  Messrs.  William  C.  Miller 
&  Sons,  and  which  he  said  was  greater  than  that  of  the  Alabama,  but  that  he 
expected,  this  vessel,  now  called  the  Alexandra,  would  be  faster  than  either. 

I  have  seen  a  Mr.  Welsman,  one  of  the  partners  in  the  firm  of  Fraser,  Trenholm  & 
Co.,  at  William  C.  Miller  &  Sons'  yard.  Messrs.  Fraser,  Trenholm  &  Co.  act  as  and 
are  agents  for  the  confederate  government,  and  Mr.  Welsman  was  inspecting  and  giving 
orders  as  to  the  Alexandra.    I  have  seen  him  on  several  occasions  doing  so. 

I  have  also  seen  at  the  said  yard  where  the  said  ship  Alexandra  was  being  built 
Captain  Tessier,  who  is  and  has  for  many  years  been  in  the  employ  of  Fraser,  Tren- 
holm &  Co.,  and  who  commanded  the  steamship  Bahama,  and  who  took  out  Captain 
Semmes  and  certain  matters  of  armaments  and  crew  to  the  island  of  Terceira,  in  the 
Atlantic,  to  meet  the  Alabama  after  the  Alabama  had  cleared  from  the  port  of 
Liverpool  and  had  gone  to  the  said  island  of  Terceira  and  there  transshipped  Captain 
Semmes  and  such  armament  and  crew  into  the  said  ship  Alabama,  as  I  am  informed 
and  verily  believe. 

I  have  seen  and  heard  the  said  Captain  Tessier  at  the  said  yard  giving  orders  as  to 
the  combings  of  the  hatch  and  other  matters  in  connection  with  the  building  of  the 
said  gun-boat. 

On  the  3d  of  March  instant  we  had  a  trial-trip  of  our  tug-boat,  which  is  called  the 
Emperor,  and  Captain  Tessier  and  Mr.  Miller,  the  junior  member  of  the  said  firm 
of  William  C.  Miller  &  Sons,  were  on  board  her  on  this  occasion.  Captain  Tessier  then 
told  me  that  he  had  had  the  command  of  the  Oreto  and  took  her  to  Nassau,  in  New 
Providence,  in  order  that  she  might  from  thence  run  the  blockade  instituted  and  en- 
forced by  the  Government  of  the  United  States  on  the  port  and  harbor  of  Mobile;  and 
that  when  she  was  running  the  blockade  into  Mobile  from  Nassau  the  blockading  fleet 
of  the  United  States  fired  into  her ;  that  one  shot  struck  her  and  went  clean  through, 
the  side  of  the  vessel,  touching  the  top  of  the  boiler  and  going  through  the  other  side, 
killing  one  man.  Mr.  Miller  said  that  he  had  understood  from  Captain  Bullock 
that  the  shot  did  not  go  through  her.  Captain  Tessier  also  said  that  the  speed  of 
the  Emperor  would  uot  suit  their  purposes.  I  said  to  him,  if  it  is  for  running  the 
blockade  it  would  not  suit  for  such  a  purpose.  To  which  he  replied  that  there 
had  been  plenty  running  the  blockade  that  had  gone  no  swifter ;  but  then  the  fogs 
had  given  them  the  opportunity;  and  added  that,  if  the  Oreto  had  gone  no  faster,  he 
would  have  been  caught  twice.  Captain  Tessier  and  Mr.  Miller,  jr.,  said  that 
the  Alexandra  was  for  the  southern  confederacy  and  everybody  knew  it,  and  that  they 
did  not  pretend  to  keep  it  from  any  one,  and  that  he,  Captain  Tessier,  was  going  to 
command  her. 

In  the  course  of  that  conversation  some  one  said,  but  who  I  do  not  remember,  that 
they  would  get  into  trouble  with  the  British  government ;  the  said  Mr.  Miller,  jr., 
replied  that  they  would  not,  as  they  should  clear  her  in  the  same  manner  as  they  did 
the  Oreto. 

The  said  Captain  Tessier  stated  in  my  presence,  in  the  course  of  the  said  conversation, 
that  the  said  ship  Alexandra  was  being  fitted  up  as  a  gun-boat,  and  was  intended  for 
and  will  be  employed  as  such  in  the  service  of  the  said  so-called  Confederate  States. 

I  say  that  I  was  informed  by  Mr.  Spear,  of  the  firm  of  Fawcett,  Preston  &  Co., 
[225]  *that  his  firm  were  building  the  engines.     They  are  the  same  persons  who  sup- 
plied the  Oreto  with  her  engines. 

I  say  that  from  what  I  saw  of  the  said  vessel  Alexandra,  and  from  what  I  was  told 
by  the  Messrs.  Miller  and  other  parties  in  their  yard,  the"  said  vessel  was  built  for  and 
that  she  is  now  being  fitted  up  as  a  gun-boat,  and  is  intended  for  and  will  be  employed 
in  the  service  of  the  said  so-called  confederate  government  as  a  man-of-war,  and  for 
the  purpose  of  capturing  and  destroying  vessels  and  property  belonging  to  citizens  of 
the  said  United  States  and  the  citizens  of  the  said  States. 

I  say  that,  from  the  facts  and  circumstances  aforesaid,  I  verily  believe  and  say  that 
the  said  vessel,  the  Alexandra,  is  being  equipped  and.  fitted  out  with  intent  and  in  order 
that  such  vessel  shall  be  employed  in  the  service  of  the  persons  exercising  powers  of 
government  in  the  said  States  called  or  known  as  the  southern  confederacy,  or  Confed- 
erate States  of  America,  with  intent  to  cruise  and  commit  hostilities  against  the  Gov- 
ernment of  the  United  States  of  America  and  the  citizens  thereof. 

(Signed)  JOHN  DE  COSTA. 

Sworn  before  me  at  the  custom-house,  Liverpool,  in  the  county  of  Lancaster,  this1 
£8th  day  of  March,  1863. 

(Signed)  S.  PRICE  EDWARDS,  Collector. 


BRITISH    CASE    AND    PAPERS.  277 

[Inclosure  11  in  ISo.  1.] 
Affidavit  of  Oliver  Remington  Mamfcrd. 

I,  Oliver  Remington  Mumford,  of  New  York,  in  the  United  States  of  America,  master 
mariner,  make  oath  and  say  I  have  been  a  captain  of  merchant-vessels  ever  since  1835, 
and  have  been  the  owner  of  ships  and  superintended  the  construction  of  vessels. 

I  have  examined  the  vessel  called  the  Alexandra,  now  lying  in  the  Toxteth  dock, 
and  which  was  built  by  Messrs.  W.  C.  Miller  &  Sons,  and  from  her  appearance,  and 
more  particularly  from  her  solid  construction,  I  am  of  opinion  that  she  is  built  for,  and 
is  intended  for,  a  gun-boat  and  not  for  the  merchant-service ;  and  I  say  that  she  is 
altogether  unsuitable  for  the  merchant-service.  Her  bulwarks  are  much  lower  and 
stronger  than  those  which  are  ever  used  on  board  a  vessel  of  her  size  intended  for  the 
merchant-service.  Her  hatchways  are  too  small  for  the  merchant-service,  being  not 
more  than  2£  feet  wide  and  a  little  longer,  and  would  not  be  of  any  available  use  in  a 
vessel  intended  to  carry  merchandise,  being  too  small  to  allow  the  loading  and  unload- 
ing of  cargo.  And  I  say  that  hatchways  such  as  those  provided  in  the  Alexandra  are 
provided  for  gun-boats  and  men-of-war,  and  vessels  so  employed,  or  for  yachts,  and 
nowhere  else.  She  is  fitted  with  pumps  of  a  description  and  character  which  I  have 
never  seen  used  in  any  merchantman.  There  are  three  of  them,  one  a  brass  one  on  the 
port  side,  in  connection  with  which  there  is  a  deck-plate  with  connections  to  supply 
more  than  one  stream  of  water  in  case  of  fire  or  other  emergency,  and  two  iron  pumps 
forward,  with  a  belay ing-pin  through  the  top  to  make  fast  when  required,  and  the 
situation  of  the  pumps  is  different  to  what  it  is  in  merchant-vessels,  where  they  are 
always  placed  abaft  the  mainmast.  She  is  fitted  with  a  brass  or  composition  screw 
such  as  would  not  be  used  on  board  a  merchant- vessel  and  is  used  in  gun-boats.  From 
her  whole  construction,  and  from  my  experience,  I  say  that  the  said  ship  was  built, 
and  is  being  fitted  out,  for  war  purposes. 

(Signed)  O.  R.  MUMFORD. 

Sworn  before  me  at  the  custom-house,  Liverpool,  the  23th  day  of  March,  1863. 
(Signed)  S.  PRICE  EDWARDS,  Collector. 


[Inclosure  12  in  Kp,  1.] 
Affidavit  of  Neil  Black. 

I,  Neil  Black,  of  18  Neptune  street,  Liverpool,  in  the  county  of  Lancaster,  ship- 
carpenter,  make  oath  and  say  as  follows  : 

1.  I  have  been  engaged  in  ship-building  for  the  last  thirty  years,  and  have  been 
engaged  on  vessels  intended  for  war  purposes. 
,£226  J      *2.  On  the  21st  day  of  March,  1863,  I  saw  the  vessel  Alexandra  in  the  Toxteth 
dock,  and  I  then  went  on  board  her  and  examined  her.    She  is  about  140  feet 
in  length  and  about  24  beam,  and  about  120  tons. 

3.  I  found  her  extremely  strongly  built,  of  teak  wood,  very  thick.  Her  beams  are 
13  inches  and  about  2|  feet  apart,  and  her  widest  hatch  being  only  2£  feet  fore  and  aft 
and  about  5  feet  across  the  vessel,  and  I  say  that  the  space  between  the  beams  in 
merchant-vessels  is  never  less  than  four  feet  and  the  hatch  7  feet  by  6  feet  fore  and  aft. 

The  said  ship  has  strong  iron  beams  of  double-angle  iron.  Her  bulwarks  are  very 
strong  and  low,  more  than  a  foot  lower  than  would  be  found  on  any  vessel  for  the 
merchant  service.  Her  upper  deck  is  of  pitched  pine,  which  I  have  never  seen  except 
in  ships  of  war. 

She  is  wholly  unadapted  for  mercantile  or  pleasure  purposes.  I  say  that  these  facts 
and  the  whole  construction  of  the  vessel  Alexandra  clearly  show  me,  as  a  practical 
man,  that  she  is  built  for  a  war- vessel,  and  not  to  be  used  for  mercantile  purposes. 
She  has  all  the  appearances  of  a  gun-boat,  and  from  my  experience  in  the  building  of 
ships  for  the  purposes  of  war,  I  say  that  such  is  the  purpose  she  has  been  built  and  is 
now  being  fitted  out  for. 

I  say  that  I  was  informed  by  a  man  who  is  in  the  employ  of  W.  C.  Miller  &  Sons, 
the  builders,  who,  was  at  work  on  her  painting  her,  who,  in  reply  to  a  question  of  mine 
whether  she  was  built  for  the  Chinese  government,  said  that  she  was  not,  but  was 
for  the  confederate  government.  Whilst  I  was  talking  to  the  man,  Mr.  W.  C.  Miller 
came  up  and  ordered  me  off  the  vessel,  and  at  the  same  time  threatened  instantly  to 
discharge  the  ship-keeper  if  he  allowed  a  stranger  again  to  come  on  board  of  her. 
(Signed)  N.  BLACK. 

Sworn  before  me,  at  the  custom-house,  Liverpool,  this  28th  day  of  March,  1863. 
(Signed)  S.  PRICE  EDWARDS,  Collector. 


278  TREATY    OF   WASHINGTON. 

[Inclosure  13  in  No.  1.] 

Affidavit  of  Thomas  Hutson. 

I,  Thomas  Hutson,  of  No.  6  St.  George's  court,  Red  Cross  street,  Liverpool,  iu  the 
county  of  Lancaster,  boatman,  make  oath  and  say  as  follows: 

1.  I  have  done  duty  as  a  seaman  on  both  American  and  British  men-of-war. 

2.  I  have  seen  the  vessel  known  as  the  Alexandra,  and  which  was  built  by  W.  C. 
Miller  &  Sons,  of  Liverpool,  during  the  time  she  was  iu  their  yard  and  also  since  she 
has  been  launched.  The  said  vessel  is,  in  my  opinion,  intended  for  a  gun-boat,  and  is 
very  similar  to  our  gun-boats,  which  I  have  seen  and  been  on  board  of.  She  is  too 
solid  built  and  her  bulwarks  are  too  low  to  be  intended  for  a  merchant-vessel. 

Whilst  she  was  being  built  I  was  told  by  a  carpenter  working  on  board  of  her  that 
she  was  a  gun-boat  for  the  Confederate  States. 

(Signed)  THOMAS  HUTSON. 

Sworn  before  me,  at  the  custom-house,  Liverpool,  in  the  county  of  Lancaster,  this 
28th  day  of  March,  1863. 

(Signed)  S.  PRICE  EDWARDS,  Collector. 


[Inclosure  14  in  No.  1.] 

Affidavit  of  Matthew  Haguire. 

I,  Matthew  Maguire,  of  Doran's  lane,  Liverpool,  in  the  county  of  Lancaster,  agent, 
make  oath  and  say  as  follows : 

1.  On  Saturday,  the  7th  of  March  instant,  I  was  at  the  launch  of  the  vessel  which 
took  place  at  Messrs.  W.  C.  Miller  &  Sons'  yard,  and  which  vessel  was  named  the 
Alexandra  by  Mrs.  Miller.     She  is  about  145  feet  long,  and  about  120  tons. 

2.  There  were  present  Mr.  Prioleau,  a  member  of  the  firm  of  Fraser,  Trenholm  & 

Co. ;  Captain  Tessier,  who,  previous  to  her  being  launched,  examined  her  carefully 
[227]  *from  the  stage  ;  a  Mr.  Hamilton,  a  clerk  of  the  firm  of  Fraser,  Trenholni  &  Co., 

who  is  almost  [always]with  Captain  Bullock,  (who  accompanied  Captain  Butcher 
who  commanded  the  Alabama  when  she  left  this  port  for  part  of  her  voyage,  and  then 
returned  to  this  country,  where  he  is  now ;)  two  other  clerks  of  Messrs.  Fraser,  Trenholm 
&  Co. ;  a  Mrs.  Duguid,  the  wife  of  Captain  Duguid,  who  took  out  the  Oreto  in  the  first 
instance;  and  some  other  ladies. 

Since  the  vessel  was  laid  down  I  have  been  in  communication  with  the  men  working 
on  her,  and  various  other  men  going  to  the  yard  of  Messrs.  Miller  &  Sons,  and  I  have 
been  from  time  to  time  told  by  them,  as  also  by  the  gateman  at  the  yard,  and  one  of 
Messrs.  W.  C.  Miller  &  Sons'  apprentices  who  was  working  on  her,  that  she  was  a  gun- 
boat, and  was  being  built  for  the  confederates  or  Southerners  as  some  called  them. 

I  know  Captain  Dnguid  who  took  out  the  Oreto,  and  from  information  which  I  have 
obtained  I  verily  believe  that  the  said  Captain  Duguid  is  coming  home,  and  will  be 
here  shortly  for  the  purpose  of  taking  out  this  vessel. 

The  vessel  Alexandra  is  now  in  the  Toxteth  dock  here,  and  is  being  fitted  out  with 
her  engines,  which  come  from  Messrs.  Fawcett,  Preston  &  Co.,  who  are  the  same  people 
■who  supplied  and  fitted  the  Oreto's  engines.  The  ship  is  being  fitted  out  for  sea  with 
great  activity  and  rapidity,  and  I  say  that  I  verily  believe  that  she  will  be  ready  for 
sea  in  a  short  time. 

(Signed)  MATTHEW  MAGUIRE. 

Sworn  before  me  at  the  custom-house,  Liverpool,  in  the  county  of  Lancaster,  this 
28th  day  of  March,  1863. 

(Signed)  S.  PRICE  EDWARDS, 

Collector. 


JSTo.  2. 

Earl  Russell  to  Mr.  Adams. 

Pembroke  Lodge,  March  31, 1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter,  with 
inelosures,  dated  30th  March,  1863,  and  received  at  the  foreign  office 
this  morning. 


BRITISH  CASE  AND  PAPERS.  279 

I  shall  take  care  to  transmit  immediately  your  letter  and  the  deposi- 
tions and  letter  of  instructions  to  the  proper  departments  of  the  govern- 
ment. 

I  am,  &c, 

(Signed)  RUSSELL. 


No.  3. 
Mr.  Hammond  to  Mr.  Hamilton.1 

Foreign  Office,  March  31, 1863. 

Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  a  copy  of  a 
letter  from  Mr.  Adams,  inclosing  a  copy  of  a  letter  from  Mr.  Dudley, 
the  United  States  consul  at  Liverpool,  together  with  a  number  of  deposi- 
tions taken  before  the  collector  at  Liverpool,2  going  to  show  that  a 
steamer,  called  the  Alexandra,  is  being  fitted  out  at  that  port  for  the 
purpose  of  carrying  on  war  against  the  United  States.  Mr.  Adams  also 
submits,  for  Lord  Russell's  consideration,  another  note  from  Mr.  Dudley, 
transmitting  copies  of  certain  papers  which,  Mr.  Adams  states,  appear 
to  prove  quite  conclusively  the  relation  of  certain  persons  in  Liverpool, 
whose  names  appear  therein,  to  the  insurgent  authorities  of  the  United 
States. 

Lord  Russell  has  lost  no  time  in  referring  Mr.  Adams's  note  and  its 
inclosures  for  the  consideration  of  the  law-officers  of  the  Crown ;  but  I 
am,  in  the  mean  time,  to  request  that  you  will  move  the  lords  commis- 
sioners of  Her  Majesty's  treasury  to  instruct  the  commissioner  of 
customs  to  adopt  whatever  steps  can  legally  be  taken  in  view  of  the 
circumstances  thus  brought  to  the  knowledge  of  Her  Majesty's  govern- 
ment by  Mr.  Adams. 
1  am,  &c, 
(Signed)  E.  HAMMOND. 

[228]  *P.  S. — I  am  to  acknowledge  the  receipt,  since  this  letter  was 
written,  of  your  letter  of  this  day,  inclosing  a  report  from  the 
commissioner  of  customs,  with  other  documents  respecting  the  case  of 
the  Alexandra.  Such  of  the  papers  furnished  bf  Mr.  Adams  as  are 
copies  of  those  now  forwarded  bv  you  are  accordingly  not  transmitted 

E.  H. 


No.  4. 

Mr.  Hamilton  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers, 
March  31,  1863.     (Received  March  31.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you  the  inclosed  report  from  the  commissioners 
of  customs,  with  the  accompanying  documents,  relating  to  a  vessel 

1  A  similar  letter  was  addressed  to  the  home  office.  3  No.  1. 


280  TREATY    OF   WASHINGTON. 

named  the  Alexandra,  which  is  suspected  to  be  fitting  at  Liverpool  for 
the  service  of  the  Confederate  States  of  America. 

I  am  to  request  that  you  will  lay  the  same  before  Earl  Eussell  for 
such  directions  as  he  may  be  pleased  to  give  thereon. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  4.1 

Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  March  28,  1863— Saturday  Evening. 
Honorable  Sirs:  I  have  just  received  the  inclosed  letter  from  the  American  consul 
at  this  place,  as  also  six  affidavits,  with  a  view  of  showing  that  a  vessel,  called  the 
Alexandra,  is  being  built  and  prepared  by  Messrs.  Miller  &  Sons  for  the  use  of  the 
Confederate  States  government. 

The  particulars  of  the  vessel  are  given  in  the  accompanying  report  from  Mr.  Morgan, 
the  surveyor.  My  own  impression  is,  that  the  ship  is  intended  for  the  confederate 
government,  and,  in  order  to  prevent  her  being  taken  away  from  the  port  until  I 
receive  the  directions  of  the  board,  a  watch  will  be  placed  upon  her.  She  will  not, 
however,  be  fit  to  sail  for  some  weeks,  though  the  apprehension  of  the  consul  is  that 
she  may  be  towed  away  in  an  unfinished  state. 
Kespectfully,  &c, 
(Signed)  S.  P.  EDWARDS. 


[Inclosure  2  in  No.  4.] 

Mr.  Dudley  to  Mr.  Edwards,  March  28,  1863 ;  inclosing  six  affidavits. 

[See  inclosures  8  to  14  in  No.  1.] 


[Inclosure  3  in  No.  4.] 

Mr.  Morgan  to  Mr.  Edwards. 

Liverpool,  March  28,  1863. 
Sir  :  I  beg  to  report  that  a  screw-steamer,  built  by  Mr.  W.  C.  Miller,  is  no»w  lying  in 
the  Toxteth  dock,  which,  it  is  rumored,  is  intended  for  the  so-styled  confederate  gov- 
ernment.   She  is  well-adapted  for  a  small  gun- boat,  and  her  dimensions  are  as  follows : 
Length,  125  feet ;  breadth,  22  feet ;  depth,  9  feet;  register  tonnage,  83.34.    Agreeably 
with  your  directions  a  special  watch  has  been  placed  over  her,  and  she  will  be  detained 
until  further  instructions.    She  is  known  as  the  Alexandra. 
Very  respectfully,  &c, 
(Signed)  E.  MORGAN, 

Surveyor. 


[229]  '  *No.  5.      ' 

Mr.  Bruce  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  April  1, 1863.    (Received  April  1.) 

Sir  :  I  have  laid  before  Secretary  Sir  George  Grey  yonr  letter  of  the 
31st  ultimo  and  its  inclosures,  respecting  a  steamer  called  the  Alex- 
andra, which  is  being  fitted  out  at  Liverpool  for  the  purpose,  as  it  is 
alleged,  of  carrying  on  war  against  the  United  States,  and  also  respect- 


BRITISH    CASE    AND    PAPERS.  281 

ing  the  relation  of  certain  persons  in  Liverpool,  whose  names  are  stated, 
to  the  insurgent  authorities  of  the  United  States.  And  I  am  to  trans- 
mit to  you,  for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a 
letter  which  has  been  addressed  to  the  mayor  of  Liverpool  in  pursuance 
of  his  lordship's  request. 

I  am,  &c, 

(Signed)  .  H.  A.  BRUCE. 


flnclosure  in  Xo.  5.1 
Mr.  Bruce  to  the  mayor  of  Liverpool. 

[Immediate.] 

Whitehall,  April  1,  1863. 

Sir  :  I  am  directed  by  Secretary  Sir  Ge  arge  Grey,  to  transmit  to  you  the  inclosed 
copy  of  a  letter  from  the  foreign  office,  with  the  papers  referred  to  therein,  and  I  am  to 
request  that  you  will  cause  immediate  inquiries  to  be  made  as  to  the  Alexandra,  in 
order  to  ascertain  whether  she  is  being  equipped,  furnished,  fitted  out,  or  armed  with 
the  intention  of  being  employed  in  the  service  of  the  so-styled  Confederate  States, 
with  intent  to  commit  hostilities  against  the  Federal  Government  of  the  United  States  ; 
and  that  if  this  should  appear  to  be  the  case,  that  you  will  adopt  whatever  steps  can 
legally  be  taken  in  this  matter. 

I  am  also  to  request  that  you  will  inquire  into  the  other  matters  brought  under  the 
notice  of  Earl  Eussell  by  the  minister  of  the  United  States  in  his  letter  of  the  30  th 
ultimo,  and  as  instructions  have  been  sent  to  the  officers  of  customs  at  Liverpool  with 
reference  to  the  circumstances  brought  before  Her  Majesty's  government  by  Mr. 
Adams,  I  am  to  suggest  that  you  should  communicate  with  those  officers  as  to  the 
measures  which  it  may  be  practicable  to  adopt. 

The  accompanying  documents  being  sent  in  original,  I  am  to  request  that  you  will 
return  them  when  they  are  no  longer  required. 
I  am,  &c, 
(Signed)  H.  A.  BRUCE. 


No.  6. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  3, 1863. 
Sir  :  With  reference  to  my  letter  of  the  31st  ultimo,  I  have  the  honor 
to  inform  you  that  the  secretary  of  state  for  the  home  department  has 
instructed  the  mayor  of  Liverpool  to  cause  immediate  inquiries  to  be 
made,  with  the  view  of  ascertaining  whether  the  Alexandra,  denounced 
by  you  in  your  letter  of  the  30th  ultimo,  is  being  equipped,  furnished, 
fitted  out,  or  armed,  with  the  intention  of  her  being  employed  in  the 
service  of  the  so-called  Confederate  States,  with  intent  to  commit  hos- 
tilities against  the  Federal  Government  of  the  United  States ;  and  if 
this  should  appear  to  be  the  case,  the  mayor  is  further  instructed  to 
adopt  whatever  steps  can  legally  be  taken  in  the  matter. 

I  am,  &c, 

(Signed)  EUSSELL. 


No.  7.    * 
The  law-officers  of  the  Crown  to  Earl  Eassell. 

[Extract.] 

Temple,  April  4,  1863.   (Received  April  4,  3  p.  m.) 
We  are  honored  with  your  lordship's  commands  signified  in  Mr.  Ham- 


282  TREATY    OF    WASHINGTON. 

mond's  letter  of  the  31st  March  ultimo,  stating  that  he  was  di- 
[230]  rected  by  your  lordship  to  *  transmit  to  us  a  letter  from  Mr.  Adams, 
dated  the  30th  March  ultimo,  inclosing  a  copy  of  a  letter  from 
Mr.  Dudley,  the  United  States  consul  at  Liverpool,  together  with  a  num- 
ber of  depositions  taken  before  the  collector  at  Liverpool,  going  to  show 
that  a  steamer  called  the  Alexandra  is  being  fitted  out  at  that  port,  for 
the  purpose  of  carrying  on  war  against  the  United  States.  Mr.  Adams 
also  submitted,  for  your  lordship's  consideration,  another  note  from  Mr. 
Dudley,  transmitting  copies  of  certain  papers,  which  Mr.  Adams  stated 
appear  to  prove,  quite  conclusively,  the  relation  of  certain  persons  in 
Liverpool,  whose  names  appear  therein,  to  the  insurgent  authorities  of 
the  United  States. 

Mr.  Hammond  also  stated  that  your  lordship  had  lost  no  time  in 
transmitting  copies  of  the  papers  to  the  treasury  and  home  office,  with 
the  request  that  the  authorities  at  Liverpool  might  be  instructed  to 
adopt  whatever  steps  can  legally  be  taken  in  view  of  the  circumstances 
thus  brought  to  the  knowledge  of  Her  Majesty's  government ;  and  Mr. 
Hammond  was  pleased  to  request  that  we  would  take  Mr.  Adams's  let- 
ter, and  its  inclosures,  into  our  consideration,  and  favor  your  lordship, 
at  our  earliest  convenience,  with  such  observations  as  we  might  have  to 
offer  thereupon. 

In  obedience  to  your  lordship's  commands,  we  have  taken  Mr.  Adams's 
letter  and  its  accompanying  papers  into  our  consideration,  and  have  the 
honor  to  report — 

That  we  regard  this  case  as  fairly  raising  an  important  question  as 
to  the  true  construction  of  the  seventh  section  of  the  foreign  enlistment  act, 
which  we  think  it  would  be  proper  for  Her  Majesty's  government,  on 
this  opportunity,  (under  all  the  circumstances  of  the  case,)  to  bring  to 
trial. 

The  words  of  the  act  are,  "  If  any  person  shall  equip,  furnish,  fit  out, 
or  arm,  or  attempt,  or  endeavor  to  equip,  furnish,  fit  out,  or  arm,  or  pro- 
cure to  be  equipped,  furnished,  fitted  out,  or  armed,  or  shall  knowingly 
aid  or  assist,  or  be  concerned  in  the  equipping,  furnishing,  fitting  out, 
or  arming  of  any  ship  or  vessel,  with  intent,  or  in  order  that  such  ship 
or  vessel  shall  be  employed  in  the  service  of  any  foreign  power,"  &c, 
the  penalties  of  the  act  shall  be  incurred.  It  is  to  be  observed  that 
what  is  prohibited  is  the  "  fitting  out,"  with  the  particular  intent,  and 
that  no  specific  mode  of  fitting  out  is  pointed  at.  The  intent  constitutes 
the  gist  of  the  offense  ;  and  any  fitting  out,  with  the  illegal  intent, 
would  appear  to  be  illegal.  Then  the  question  is,  whether  the  evidence 
above  referred  to  is  not  in  itself  (if  credited)  enough  to  show  a  "  fit- 
ting out,"  with  the  prohibited  intent!  We  are  not  aware  of  any  decis- 
ion upon  the  construction  of  this  section  of  the  statute  which  can  rule 
that  question;  and  it  seems  to  us  to  be  one  which  Her  Majesty's  gov- 
ernment ought  not  to  assume  in  the  negative  without  a  trial,  when  the 
intent  (as  in  this  case)  is  shown  by  sufficient  prima  facie  evidence. 

Independently  of  this  view,  there  remains  a  further  question,  whether 
the  character  of  the  construction  and  fitting  out  of  the  Alexandra,  as 
described  in  the  depositions  of  O.  E.  Mumford,  and  others,  is  not  within 
the  fair  meaning  of  the  words  of  the  statute,  supposing  that  any  partic- 
ular kind  of  fitting  out  ought  to  be  proved  ?  This  also  appears  to  us  to 
be  a  question  which,  when  the  intent  (as  in  this  case)  sufficiently  ap- 
pears, ought  not  to  be  assumed  in  the  negative  by  Her  Majesty's  gov- 
ernment without  a  trial.  On  this  point  there  is  also  an  absence  of  Eng- 
lish judicial  authority ;  but  we  infer,  from  the  decision  of  the  Supreme 
Court  of  the  United  States  in  the  United  States  vs.  Quincy,  (6  Peters's 


BRITISH    CASE    AND    PAPERS.  •      283 

SuprerneCourt  Cases,  pp.  448,  449,  450,  465,466,)  that  a  similar  question 
would  probably  be  resolved  by  that  court  in  the  affirmative,  if  it  were 
to  arise  upon  the  construction  of  the  corresponding  statute  of  the  United 
States. 

It  is  clear  that,  within  the  meaning  of  the  act,  there  may  be  a  "  fit- 
ting out,"  without  "  arming,"  and,  properly,  each  expression,  u  equip- 
ment," "  furnishing,"  "  fitting  out,"  "  arming,"  ought  to  be  construed 
as  capable  of  a  distinct  meaning. 

Upon  these  grounds,  we^ advise  Her  Majesty's  government  to  act  upon 
the  representations  made  to  them,  and  the  evidence  furnished  by  Mr. 
Adams,  and  to  direct  the  Alexandra  to  be  seized  under  the  foreign-en- 
listment act. 


No.  8. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  April  4, 1863. 

Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  herewith,  to  be 

laid  before  the  lords  commissioners  of  Her  Majesty's  treasury,  a  copy  of 

report  received  this  afternoon  from  the  law-officers  of  the  Crown,1 

[231]    by  which  their  lordships  will  perceive  *that  they  recommend  that 

the  vessel  Alexandra,  which  formed  the  subject  of  Mr.  Adams's 

representations  of  the  30th  of  March,  of  which  a  copy  was  sent  to  the 

treasury  on  the  following  day,  as  soon  as  possible  after  it  was  received, 

and  of  your  letter  of  the  31st  of  March,  should  immediately  be  seized 

under  the  foreign-enlistment  act. 

I  pursuance  of  the  opinion  thus  given  by  the  law-officers,  I  am  to 
request  that  you  will  move  the  lords  commissioners  of  Her  Majesty's 
treasury  to  issue  orders  that  the  Alexandra  should  be  seized  at  once, 
and  to  instruct  their  lordships'  solicitor  to  give  directions  to  the  law- 
officers  of  the  Crown  to  take  all  the  steps  they  may  think  necessary  to 
procure  the  trial  and  conviction  of  the  persons  engaged  in  fitting  out 
the  vessels. 

I  return  to  you,  herewith,  the  inclosures  in  your  letter  of  the  31st  of 
March. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  9. 

Earl  Eussell  to  Mr.  Adams. 

Foreign  Office,  April  5, 1863. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
yesterday,  inclosing  a  deposition  made  by  a  person  named  Yonge,  re- 
specting the  Alabama  and  her  proceedings. 

I  have,  at  the  same  time,  the  honor  to  acquaint  you,  with  reference 
to  your  letter  of  the  30th  ultimo  and  to  mine  of  the  following  day,  that 
orders  have  been,  sent  to  Liverpool  for  the  seizure  of  the  Alexandra,  the 

1  No.  7. 


284    "  .  TREATY    OF    WASHINGTON. 

vessel  to  which  you  called  niy  attention  as  intended  to  be  employed  in 
the  naval  service  of  the  so-called  Confederate  States. 

I  have  accordingly  to  request  that  you  will  have  the  goodness  forth- 
with to  instruct  the  United  States  consul  at  Liverpool  to  place  at  the 
disposal  of  the  persons  who  may  be  employed  in  collecting  evidence  on 
the  part  of  the  Crown,  all  such  information  as  he  "may  now  possess,  or 
may  hereafter  require,  tending  to  establish  the  guiltbf  the  parties  con- 
cerned in  the  Alexandra,  against  whom  proceedings  may  be  taken  un- 
der the  foreign-enlistment  acts. 

I  am,  &c, 

(Signed)  RUSSELL. 


No.  10. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  April  6,  1863.  (Received  April  7.) 
My  Lord  :  I  have  the  honor  to  acknowledge  the  reception  of  your 
lordship's  note  of  the  5th  instant,  in  answer  to  mine  of  the  30th  ultimo, 
making  certain  representations  in  regard  to  the  character  of  a  vessel  in 
Liverpool  known  as  the  Alexandra.  It  is  with  the  most  lively  satisfac- 
tion that  I  learn  the  decision  of  Her  Majesty's  government  to  detain 
that  vessel.  Believing  that  such  an  act  at  the  present  moment  is  calcu- 
lated to  defeat  the  sanguine  hopes  of  the  common  enemies  of  both  na- 
tions to  sow  the  seeds  of  dissension  between  them,  I  shall  remit  no  effort 
to  procure  all  the  information  possible  to  support  it.  To  that  end  I 
have,  agreeably  to  your  lordship's  suggestion,  sent  the  necessary  in- 
structions to  the  consul  of  the  United  States  at  Liverpool,  to  put  him- 
self in  communication  with  the  authorities  designated  at  that  place  to 
pursue  the  subject. 

I  pray,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[232]  *No.  11.    * 

Mr.  Shelley  to  Mr.  Hammond. 

Treasury  Chambers,  April  6, 1863.  (Received  April  7.) 
Sir  :  With  reference  "to  your  letter  of  the  4th  instant,  inclosing  copy 
of  an  opinion  of  the  law-officers  of  the  Crown,  in  which  they  recommend 
that  the  ship  Alexandra,  fitting  out  at  Liverpool,  should  be  seized  for 
a  breach  of  the  foreign-enlistment  act,  I  am  commanded  by  the  lords 
commissioners  of  Her  Majesty's  treasury  to  transmit  herewith,  for  the 
information  of  Lord  Russell,  copy  of  a  report  from  the  commissioners 
of  customs,  and  of  its  inclosure,  detailing  the  steps  taken  for  seizing 
the  Alexandra,  in  accordance  with  the  desire  of  the  secretary  of  state, 
as  expressed  in  your  said  letter,  together  with  a  copy  of  their  lordships' 
minute  of  the  6th  instant  thereon.  I  am  to  add  that,  as  soon  as  my 
lords  shall  have  received  the  opinion  of  the  law-officers  on  the  points 
raised  by  the  customs  officer  at  Liverpool,  as  detailed  in  these  papers, 
they  will  communicate  further  with  you. 

I  am,  &c, 

(Signed)  SPENCER  SHELLEY. 


BRITISH    CASE    AND    PAPERS.  285 

[Inclosure  1  in  !No.  11.] 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  April  6, 1863. 

Sir  :  With  reference  to  my  letters  of  the  30th  ultimo  and  2d  instant,  respecting  the 
vessel  Alexandra,  which  vessel  is  suspected  of  being  fitted  at  Liverpool  for  the  service 
of  the  Confederate  States  of  America,  and  to  your  letter  of  the  1st  instant  on  the  sub- 
ject, lam  desired  to  state  that,  at  12  o'clock  on  Saturday  night,  the  4th  instant,  the 
deputy  chairman  of  this  hoard  received  a  letter  from  Mr.  Hammond,  under-secretary 
of  state  for  foreign  affairs,  addressed  to  Sir  Thomas  Freemantle,  transmitting  the  in- 
closed official  letter  to  the  treasury,  with  copy  of  the  opinion  of  the  law-officers  of  the 
Crown,  advising  the  seizureof  the  vessel  under  the  foreign-enlistment  act,  and  signify- 
ing the  request  of  Earl  Russell  that  the  lords  commissioners  of  Her  Majesty's  treasury 
would  issue  orders  for  the  vessel  to  he  seized  at  once,  and  instruct  their  solicitor  to 
give  directions  to  the  law-officers  of  the  Crown  to  take  all  steps  they  may  think  neces- 
sary to  procure  the  trial  and  conviction  of  the  persons  engaged,  in  fitting  out  the  vessel. 

lam  further  directed  to  state  that  Sir  Thomas  Freemantle  heing  absent  from  town, 
the  deputy  chairman,  hearing  in  mind  the  authority  conveyed  in  your  letter  of  the  1st 
instant,  proceeded  immediately  to  the  telegraphic  station  at  Knightsbridge  ;  but  find- 
ing it  as  well  as  the  one  in  Regent  street  closed,  he  was  unable  to  take  any  steps  in  the 
matter  until  yesterday  (Sunday)  morning  ;  when,  soon  after  8  o'clock,  he  proceeded  to 
your  residence  and  that  of  Mr.Veel,  to  take  your  directions  on  the  subject ;  but  find- 
ing you  were  both  out  of  town,  he  considered  it  his  duty,  with  reference  to  the  author- 
ity conveyed  in  your  letter  of  the  1st,  above  referred  to,  and  to  the  apprehension  which 
had  been  expressed  by  the  American  consul  at  Liverpool  that  the  Alexandra  might  be 
towed  down  the  river  in  an  unfinished  state,  to  telegraph  to  the  collector  at  Liverpool, 
directing  the  seizure  of  the  vessel. 

This  morning  the  deputy  chairman  has  received  a  report  of  her  detention,  a  copy  of 
which  report  I  transmit  herewith,  and  adverting  to  the  new  and  important  feature  in 
the  case  now  stated  by  the  collector,  viz,  that  the  vessel  has  been  measured  for  regis- 
try as  a  British  ship,  and  the  request  of  the  collector  to  be  informed  whether  it  will  be 
competent  for  him  to  refuse  a  registry,  and  if  registered  and  duly  cleared,  she  should 
be  further  detained,  I  am  to  suggest  whether  their  lordships  may  not  be  pleased  to 
obtain  the  further  opinion  of  the  law-officers  of  the  Crown  on  these  points,  and  acquaint 
the  board  with  the  result  for  their  government,  at  their  earliest  convenience. 

I  am  at  the  same  time  to  request  that  the  board  may  be  informed  whether  it  is  the 
pleasure  of  their  lordships  that  the  legal  steps  in  the  case  be  taken  by  their  lordships7 
solicitor,  or  by  the  solicitor  of  customs,  as  usual  in  similar  cases  of  detention. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[233]  *  [Inclosure  2  in  No.  11.] 

Mr.  Edwards  to  Mr.  Goulburn. 

Custom-House,  Liverpool,  April  5, 1863. 
Sir  :  According  to  the  instructions  contained  in  the  inclosed  telegram,  received  from 
you  about  noon  to-day,  I  directed  the  surveyor,  Mr.  Morgan,  to  seize  the  new  ship 
Alexandra,  and  he  has  done  so,  as  evidenced  by  his  letter  herewith  transmitted. 

The  vessel  will  not  be  fit  for  sea  for  a  fortnight  at  least ;  she  has  no  port-holes, 
and  there  is  nothing  to  denote  that  she  is  to  carry  guns,  save  her  strength  in  point  of 
construction.     She  is,  I  believe,  to  be  registered  as  a  British'  ship,  for  she  has  been 
measured  for  the  purpose. 
Being  under  seizure,  will  it  be  competent  for  me  to  refuse  registry  ? 
If  registered  and  duly  cleared  is  she  detainable,  having,  as  yet,  committed  no  offense 
against  any  law,  as  far  as  I  am  competent  to* judge?    The  board's  directions  will  be 
needed  on  these  points. 
I  am,  &c, 
(Signed)  S.  PRICE  EDWiKDS. 


286  TREATY    OF    WASHINGTON. 

[Inclosure  3  in  No.  ll.J 
Mr.  Morgan  to  Mr.  Edwards. 

Liverpool,  April  5,  1863. 
Sm :  I  "beg  to  report  that  at  noon  to-day  I  seized  the  screw-steamer  Alexandra,  under 
the  foreign-enlistment  act,  agreeably  with  your  directions,  issued  upon  the  receipt  of 
the  telegram  from  a  member  of  the  honorable  board. 

(Signed)  E.  MORGAN,  Surveyor. 


[Inclosure  4  in  No.  11.] 
Treasury  minute,  dated  April  6,  1863. 

Transmit  the  whole  of  these  papers  to  the  solicitor,  with  instructions  for  him  forth- 
with to  take  the  opinion  of  the  law-officers  of  the  Crown,  as  suggested  by  Earl  Russell, 
in  regard  to  the  further  proceedings  proper  to  be  taken  against  the  owners  of  the  Alex- 
andra and  others,  for  a  breach  of  the  foreign-enlistment  act,  and  more  particularly 
with  reference  to  the  point  raised  by  the  customs  officer  at  Liverpool,  in  regard  to  the 
effect  which  an  application  for  a  British  registry  for  this  vessel  might  have  upon  the 
right  of  detention  under  that  act. 

Write  to  the  commissioners  of  customs,  conveying  to  them  my  lords'  entire  approval 
of  the  course  followed  by  the  deputy  chairman  of  the  board,  as  detailed  in  the  report 
of  the  6th  instant ;  state  that  the  solicitor  of  the  treasury  has  been  instructed  forth- 
with to  procure  the  opinion  of  the  law-officers  of  the  Crown  upon  the  points  raised  by 
the  customs  officers  at  Liverpool,  and  that  so  soon  as  that  opinion  has  been  obtained 
my  lords  will  immediately  communicate  the  same  to  the  board  of  customs. 

Add,  with  reference  to  the  last  paragraph  of  the  customs  report,  that  their  lordships 
are  of  opinion,  on  consideration  of  the  great  importance  of  the  case  at  issue,  that  the 
legal  proceedings  that  may  have  to  be  taken,  under  the  authority  of  the  law-officers  of 
the  Crown  in  the  matter,  should  be  carried  on  by  their  lordships'  solicitor,  who  will 
consult  with  the  customs  solicitor  thereon. 

Write  to  Mr.  Hammond,  in  reply  to  his  letter  of  the  4th  instant,  transmitting  to 
him,  for  the  information  of  Lord  Russell/copies  of  the  customs  report  of  the  6th  instant, 
and  of  its  inclosure,  together  with  copy  of  this  minute,  adding  that  my  lords  will 
apprise  him  so  soon  as  they  shall  have  received  the  opinion  of  the  law-officers  of  the 
Crown  on  the  points  raised  by  the  customs  officer  at  Liverpool. 


1 2341  *No.  12. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  April  9,  1863.     (Received  April  9.) 
My  Lord  :  Having  received  an  opinion  from  eminent  counsel  that 
the  evidence  in  the,  case  of  the  Alexandra  is  sufficient  to  sustain  pro- 
ceedings for  her  condemnation,  under  the  6th  section  of  the  enlistment 
law,  I  pray  your  lordship  to  have  the  kindness  to  inform  me  whether  the 
measures  thus  far  adopted,  or  intended,  on  the  part  of  Her  Majesty's 
government  in  that  case,  would  be  in  any  way  deranged  by  simultane- 
ous action  on  the  part  of  the  United  States  in  a  different  form.    Should 
no  inconvenience  be  apprehended,  I  am  informed  by  the  lawyers  that 
they  are  ready  to  proceed. 
I  pray,  &c, 
(Signed)  CHARLES  FRAXCIS  ADAMS. 


british  case  and  papers.  287 

:nto.  13. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  9,  1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
this  day's  date,  requesting  to  be  informed  whether  the  measures  thus 
far  adopted,  or  intended,  on  the  part  of  Her  Majesty's  government  in 
the  case  Of  the  Alexandra,  would  be  in  any  way  deranged  by  simulta- 
neous action  on  the  part  of  the  United  States  in  a  different  form ;  and 
I  beg  to  state  to  you  that  I  have  referred  a  copy  of  your  letter  to  the 
lords  commissioners  of  Htr  Majesty's  treasury,  and  as  soon  as  I  receive 
their  lordships'  reply  I  shall  have  the  honor  of  making  a  further  commu- 
nication to  you  on  the  subject. 

I  am,  &c, 

(Signed)  EUSSELL. 


No.  14. 

Mr.  Shelley  to  Mr.  Hammond. 

Treasury  Chambers, 
April  9, 1863.  (Eeceived  April  9.) 
SiRTWith  reference  to  your  letter  of  the  4th  instant,  and  the  reply 
of  this  board  of  the  6th  instant,  relating  to  the  ship  Alexandra,  which 
has  been  seized  at  Liverpool  for  an  alleged  breach  of  the  foreign-enlist- 
ment act,  I  am  now  commanded  by  the  lords  commissioners  of  Her 
Majesty's  treasury  to  transmit  herewith,  for  the  information  of  Earl 
Eussell,  a  copy  of  the  opinion  of  the  law-officers  of  the  Crown,  upon  the 
case  submitted  to  them  in  accordance  with  the  desire  of  the  secretary 
of  state. 

I  am,  &c, 

(Signed)  SPEKCEE  SHELLEY. 


[Inclosure  in  No.  14. J 

Opinion  of  the  law-officers  of  the  Crown. 
t 
We  think  that  Mr.  Edwards  should  he  instructed  not  to  grant  registry  as  a  British 
ship  to  the  Alexandra  should  such  registry  be  required.  Indeed,  Mr.  Edwards,  in  put- 
ting the  question  contained  in  his  letter  of  5th  April,  seems  to  have  overlooked  the 
important  fact  that  the  Alexandra  is  no  longer  in  private  hands,  or  uuder  the  domin- 
ion, in  any  sense,  of  private  individuals,  but  is  in  the  possession  and  under  the  sole 
control  of  the  Crown,  awaiting  the  judgment  of  the  proper  court. 

We  think  that,  on  Her  Majesty's  government  being  furnished  with  reasonable  evi- 
dence to  affect  particular  individuals  with  a  violation  of  the  foreigu-enlistment  act  in 
connection  with  the  Alexandra,  criminal  proceedings  ought  to  be  instituted  against 
such  persons.  At  present,  the  only  persons  against  whom  prima-facie  evidence  has 
been  obtained  are  the  Messrs  Miller,  the  builders,  and  perhaps  Captain  Tessier  ; 
[235]  *  but,  on  this  part  of  the  case,  it  would  be  expedient  to  have  fuller  information, 
if  possible,  before  coming  to  a  final  decision,  especially  having  regard  to  the 
claim  of  ownership,  now  preferred  on  the  part  of  Messrs.  Fawcett,  Preston  *fc  Co.,  of 
which  we  have  been  informed  by  the  solicitor  of  the  customs,  and  to  which,  of  course, 
attention  will  be  paid  in  any  further  stage  of  the  proceedings. 

(Signed)  WM.  ATHERTON. 

ROUNDELL  PALMER. 
ROBERT  PHILLIMORE. 
Temple,  April  9,  1863. 


288  •  TREATY    OF    WASHINGTON. 

No.   15. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  11, 1863. 
Sir  :  I  have  the  honor  to  acquaint  you,  with  reference  to  your  letter 
of  the  9th  of  the  month,  that,  in  order  that  the  law-officers  of  the  (^rown 
may  be  enabled  to  judge  of  the  bearing  which  any  proceedings  which 
you  might  take  on  behalf  of  the  Government  of  the  United  States,  in 
the  case  of  the  Alexandra,  would  have  on  the  proceedings  of  Her 
Majesty's  government  in  the  same  case,  they  wish  to  be  informed  what 
they  are  to  understand  by  the  expression  in  yDur  letter,  "  Simultaneous 
action  on  the  part  of  the  United  States." 

I  have  therefore  to  request  that  you  will  have  the  goodness  to  fur- 
nish me,  at  your  earliest  convenience,  with  an  explanation  on  this  point, 
for  the  information  of  Her  Majesty's  law-officers. 
I  am,  &c, 
(Signed)  ,  RUSSELL. 


No.  16. 

Mr.  AQams  to  Earl  Russell, 

Legation  of  the  United  States, 
London,  April  11,  1863.    (Received  April  11.) 

My  Lord  :  Without  incurring  the  delay  necessary  to  consult  with 
counsel  in  regard  to  the  question  which  your  lordship  has  done  me  the 
honor  to  propose  to  me  in  your  note  of  this  day,  just  received,  I  hasten 
to  say  that,  by  the  terms  of  the  seventh  and  eighth  sections  of  the  en- 
listment act,  it  would  appear  as  if  action  could  be  taken  both  against 
the  persons  engaged  in  the  offenses  specified,  and  against  the  ships  or 
vessels  fitted  out  by  them,  or  against  either.  In  the  one  case,  the  pro- 
ceedings would  seem  to  be  by  indictment  against  the  person  for  a  crim- 
inal offense,' while  in  the  other  the  action  might  be  against  the  vessel, 
and  in  a  different  court. 

The  purpose  of  the  inquiry  which  I  had  the  honor  to  make  was  rather 
to  learn  whether  .Her  Majesty's  government  would  desire  any  form  of 
co-operation  in  the  prosecution  of  this  matter,  than  to  embarrass  them 
by  specifying  forms  of  action  with  which  I  am  necessarily  not  familiar. 
Should  it,  however,  be  agreeable  to  the  law-officers  of  the  Crown  to  ob- 
tain more  specific  information  in  regard  to  the  practical  measures  con- 
templated by  the  counsel  retained  on  behalf  of  the  Government  of  the 
United  States,  I  shall  be  happy  to  procure  it  at  as  early  a  moment  as* 
may  be  practicable. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


No.  17. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  April  11, 1863.    (Received  April  11.) 
Sir  :  With  reference  to  the  previous  correspondence  on  the  subject,. 
I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you  here- 


BRITISH    CASE    AND    PAPERS.  289 

with,  to  be  laid  before  Earl  Bussell,  a  copy  of  a  letter  from  the 
[236]    town-clerk  of  Liverpool,  inclosing  a  report  of  the  head  *constable, 

of  the  proceedings  in  reference  to  the  vessels  supposed  to  be  fit- 
ting out  at  that  port  for  the  service  of  the  so-called  Confederate  States. 

I  am,  &c, 

(Signed)  H.  WADDINGTOK 


[Inclosure  1  in  No.  17.] 
Mr.  Shuttleicorth  to  Mr.  Bruce. 

Town  Hall,  Liverpool,  April  8,  1863. 
Sir  :  Referring  to  your  communications  on  the  subject  of  the  vessels  supposed  to  be 
fitting  out  at  this  port  to  act  as  privateers  against  the  commerce  of  the  United  States, 
and  to  the  reports  from  the  police,  forwarded  to  you  on  the  31st  ultimo  and  2d  instant, 
I  have  now  the  honor,  in  the  temporary  absence  of  the  mayor,  to  inclose  a  report  just 
received  from  Major  Greig,  our  head  constable,  which  details  the  course  which  has 
been  adopted  by  the  mayor,  who  has  instructed  me  to  forward  to  you  upon  all  occa- 
sions, with  the  least  possible  delay,  any  information  which  may  be  received,  and  this 
shall  be  carefully  attended  to,  and  the  reports,  as  received  from  the  head  constable, 
forwarded  to  you  at  once. 
I  have,  &c, 
(Signed)  WM.  SHUTTLEWORTH, 

Town-Clerk. 


[Inclosure  2  in  No.  17.] 

Police  Report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

April  8, 1863. 
The  head  constable  has  the  honor  to  report,  for  the  information  of  his  worship  the 
mayor,  in  reference  to  vessels  believed  to  be  fitting  out  in  this  port  to  act  against  the 
Federal  Government  of  the  United  States  of  America,  that,  on  the  28th  ultimo,  he 
addressed  a  communication  to  the  American  consul  here,  of  which  the  following  is  a 
copy: 

"  Saturday,  March  28, 1863. 
"Sir  :  The  mayor  has  placed  in  my  hands  a  communication  which  he  had  received 
from  the  secretary  of  state  for  the  home  department,  inclosing  copy  of  a  letter  from 
the  American  minister  to  Earl  Russell,  who  transmits  therewith  a  letter  from  you  to 
the  minister,  relative  to  the  steamers  called  the  Phantom  and  the  Southerner.  'As  to 
the  Southerner,  there  is  no  doubt  about  this  vessel.'  I  shall  cause  most  careful  inquiry 
to  be  made  in  reference  to  the  vessels  ;  but  in  reference  to  your  words  above  quoted,  I 
should  be  obliged  if  you  would  furnish  me  with  the  information  On  which  your  belief 
is  fonnded. 

"  I  am,  &c, 

(Signed)  "J.  J.  GREIG, 

"Head  Constable'. 
"  To  Thomas  H.  Dudley,  Esq., 

"American  Consul." 

In  furtherance  of  this  object  the  head  constable  detailed  two  officers  of  the  detective 
department  to  place  themselves  in  communication  with  the  consul,  and  make  diligent 
inquiry  into  the  matter,  the  results  of  which  are  contained  in  two  reports,  forwarded 
to  his  worship  on  the  30th  and  31st  ultimo.  The  detective  constables  continued  their 
inquiries,  communicating  with  the  consul  daily.  On  Thursday,  the  2d  instant,  the 
head  constable  received  a  communication  from  the  town-clerk,  (wjith  incisures,)  of 
which  the  following  is  a  copy  : 

"  Town  Hall,  Liverpool,  April  2,  1863. 

"My  Dear  Sir  :  Herewith  I  forward  to  you  original  communications  received  by  the 
mayor  this  morning  from  the  home  office  in  reference  to  certain  ships  supposed  to  be 
fitting  out  at  this  port  to  act  as  vessels  of  war  against  the  United  States  Government. 
You  have  previous  communications  upon  the  subject  of  other  vessels,  and  I  have  only 
to  suggest  on  behalf  of  the  mayor,  who  is  temporarily  absent,  that  your  utmost  vigi- 
lance should  be  exercised  in  carrying  out  the  views  of  Her  Majesty's  government 

H,  Ex.  282,  vol.  ii 19 


290  TREATY    OF    WASHINGTON. 

[237]  to  prevent  any  *breach  of  the  law.    Considering  the  importance  of  these  ques- 
tions, time  does  not  admit  of  copies  being  taken  of  these  communications,  and  I 
therefore  forward  to  you  the  original  documents  received  by  the  mayor,  for  which  you 
must  please  hold  yourself  responsible,  especially  as  you  will  observe  that  the  inclosures 
are  required  to  be  returned  to  the  home  office. 
"  Yours,  &c, 
(Sigued)  "WM.  SHUTTLEWORTH, 

"  Town-Clerk. 
"  Major  Greig,  #c,  #c,  fc." 

[Inclosures.] 

"  No.  1.  April  1,  1863.— Letter  from  Mr.  Brace  to  the  mayor. 

"  No.  2.  March  30,  1863. — Letter  from  legation  office,  United  States,  to  Earl  Russell. 
"  No.  3.  March  28,  1863. — Letter  from  American  consul,  Liverpool,  to  Mr.  Adams, 
with  documents  from  the  collector  of  customs., 
"  No.  4.  March  28,  1863. — Six  documents  in  possession  of  G.  H.  Dudley. 
"  No.  5.  March  31,  1863.— Letter  from  foreign  office." 

Inquiries  were  continued,  and  on  Saturday,  the  4th  instant  (in  order  that  every  pos- 
sible attention  might  be  paid  to  these  important  matters,)  the  constable  detailed  for 
this  duty  detective  constable  William  Cozens,  an  officer  of  great  experience  in  the 
detective  department,  whom  he  personally  instructed  to  devote  his  whole  time  and  use 
every  effort  in  obtaining  such  evidence  as  would  justify  the  authorities  in  interfering, 
for  which  purpose  he  placed  in  his  hands  the  whole  of  the  documents  referred  to,  with 
directions  to  read  them  over  most  carefully,  and  then  wait  upon  the  town-clerk,  and 
confer  with  that  gentleman  as  to  the  nature  and  character  of  the  evidence  which 
would  be  necessary  to  establish  a  case  against  any  party  concerned,  for  a  violation  of 
the  law.  He  was  also  directed  to  wait  upon  the  American  consul  daily,  to  communi- 
cate any  information  he  might  have  obtained,  and  to  receive  and  act  upon  any  in- 
structions or  suggestions  that  gentleman  might  have  to  offer,  and  to  report  daily,  in  a 
book  kept  specially  for  that  purpose,  in  his  own  custody,  for  the  information  of  the  head 
constable.  Appended  is  an  epitome  of  the  reports  furnished  by  the  officer  up  to  this 
date. 

April 4,  (Saturday.)—  The  officer  conferred  with  the  two  detective  constables  pre- 
viously employed,  and  obtained  from  them  such  particulars  as  they  were  in  possession 
of  respecting  the  vessels  in  question.  He  also  inspected  the  Alexandra,  now  lying  in 
the  Toxteth  dock,  and  the  Phantom,  lying  in  the  Clarence  graving-dock,  and  finds, 
from  the  unfinished  state  of  both  vessels,  that  they  cannot  proceed  to  sea  for  at  least 
several  days,  and  the  Southerner  has  not  yet  reached  this  port. 

Monday,  April  6,  1863. — From  instructions  received  from  the  town-clerk,  the  officer, 
in  his  interview  with  the  American  consul  this  day,  asked  that  gentleman  the  reasons 
of  his  arriving  at  the  conclusion  that  there  could  be  no  doubt  as  to  the  Southerner,, 
when  he  stated  that  hje  was  prepared  to  produce  a  gentleman  who  will  prove  that  he 
was  told  by  one  of  the  persons  who  built  the  Southerner,  at  Stockton-on-Tees,  that 
she  was  built  for  Messrs.  Fraser,  Trenholm  &  Co.,  of  Liverpool,  who  are  well  known 
as  the  financial  agents  at  this  port  of  the  southern  confederacy;  and  the  pecu- 
liar build  of  the  ship  Southerner,  as  well  as  her  unusual  strength,  induced  Mr. 
Dudley  to  believe  that  she  is  intended  to  be  used  hostilely  toward  the  Federal  Gov- 
ernment of  the  United  States.  * 

Mr.  Dudley  also  informed  officer  that  a  Captain  Davidson  had  arrived  in  Liverpool 
on  Sunday  from  New  York,  as  passenger  by  the  Australasian,  and  that  he  is  the  same 
person  who  commanded  the  Georgiana,  which  left  this  port  some  months  ago,  to  act  as 
a  privateer  on  behalf  of  the  Confederate  States,  and  which  vessel  was  afterward  armed 
with  six  guns,  and  has  since  been  destroyed  by  the  Federal  forces.  Davidson  stated  on 
the  passage  that  he  was  coming  over  here  to  take  charge  of  a  vessel  which  was 
; aunched  on  or  about  the  15th  ultimo,  which  vessel  Mr.  Dudley  believed  to  be  the 
Phantom,  as  she  was  launched  about  that  date.  Officer  will  endeavor  to  obtain  Da- 
vidson's address,  and  watch  his  movements. 

At  noon  this  day  the  Phantom  was  removed  from  the  Clarence  graving  dock  into 
he  Clarenee  basirj,  and  is  moored  alongside  the  large  crane,  apparently  for  the  pur- 
pose of  receiving  her  machinery  and  engines. 

This  day  officer  has  learned  that  the  Alexandra  has  been  seized  by  the  customs,  and 
officers  placed  on  board  in  charge  of  her.  The  collector  has  promised  to  communicate 
to  officer  any  matter  which  may  require  his  immediate  attention. 

Tuesday,  April  7. — Officer  has  this  day  been  engaged  conferring  with  the 

238]  *American  consul,  and  Mr.  Squarey,  the  consul's  legal  adviser,  as  to  whether 

any  and  what  steps  should  be  taken  against  the  Messrs.  Miller,  builders  of  the 

Alexandra,  afterward  with  Mr.  Squarey.     Saw  the  town-clerk,  who  advised  that  no 

«teps  be  taken  until  further  evidence  be  obtained,  and  that  any  information  of  a  relia- 


BRITISH    CASE    AND    PAPERS.  291 

Me  character  should  be  at  once  reported  to  the  head  constable,  for  his  worship  the 
mayor,  in  order  that  it  may  be  laid,  before  the  home  secretary.  Captain  Davidson  is 
staying  at  the  George  Hotel,  Dale  street.  Officer  has  again  visited  the  Alexandra. 
Men  are  busily  at  work  on  board.  Saw  Mr.  W.  C.  Miller  and  other  gentlemen  on 
board.  Afterwards  saw  the  town-clerk  at  his  residence,  and  received  further  instruc- 
tions from  him  as  to  Messrs.  Fraser,  Trenholm  &  Co. 

In  connection  with  the  building  and  fitting  out  of  these  vessels,  there  are  various 
rumors  flying  about  among  the  workmen  who  are  employed  on  board ;  but  up  to  this 
date  officer  has  not  been  able  to  obtain  such  distinct  and  reliable  information  upon 
which  he  could  apply  for  a  warrant ;  they  are  the  merest  rumors,  and  may  or  may  not 
have  truth  for  their  foundation,  but  which  he  is  not  yet  able  to  determine. 

(Signed)  "  J.  J.  GREIG,  Head  Constable. 


No.  18. 
Mr.  Waddington  to  Mr.  Hammond. 

\  Immediate.] 

Whitehall,  April  13, 1863.  (Received  April  13.) . 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you 
herewith  a  copy  of  a  letter  from  the  mayor  of  Liverpool,  inclosing  a 
copy  of  one  received  by  him  from  the  solicitors  of  Messrs.  Fawcett, 
Preston  &  Co.,  relative  to  the  seizure  of  the  ship  Alexandra ;  and  I  am 
to  request  that  you  will  lay  the  same  before  Earl  Russell,  and  move 
his  lordship  to  inform  Sir  George  Grey  whether  there  is  any  objection 
to  the  depositions  which  were  forwarded  with  the  copy  of  Mr.  Adams's 
letter  to  Earl  Russell  in  your  letter  of  the  31st  ultimo,  and  which  were 
sent  to  the  mayor  of  Liverpool,  being  inspected  by  Messrs.  Fawcett, 
Preston  &  Co.'s  solicitors. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[lnclosure  1  in  No.  18.J 

Mr.  Gardner  to  Mr.  Bruce. 

Town  Hall,  Liverpool,  April  12,  1863. 
Sir  :  I  beg  to  forward  herewith  copy  of  letter  I  received  yesterday  afternoon  from 
Messrs.  Fletcher  and  Hull,  the  solicitors  of  Messrs.  Fawcett,  Preston  &  Co.,  relative 
to  the  seizure  of  the  Alexandra  at  this  port,  belonging  to  Messrs.  Fawcett,  Preston  & 
Co.,  and  I  should  be  obliged  by  your  informing  me,  at  your  earliest  convenience, 
whether  I  am  to  permit  Messrs.  Fletcher  and  Hull  to  inspect  the  depositions  for- 
warded to  me  by  you  on  the  1st  instant,  and  which  you  .are  aware  I  have  placed 
in  the  hands  of  our  head  constable,  with  a  view  to  tbe  fullest  inquiries  being  made 
upon  the  subject. 

I  am,  &c, 

(Signed)  R.  C.  GARDNER,  Mayor. 


(lnclosure  2  in  No.  18.] 

Messrs.  Fie  teller  and  Hull  to  Mr.  Gardner. 

6  Cook  Street,  Liverpool,  April  11,  1863. 
To  the  worshipful  the  Mayor  of  Liverpool : 

Sir  :  You  are  aware  that  the  screw-steamer  Alexandra,  belonging  to  Messrs.  Faw- 
cett, Preston  &  Co.,  now  lying  in  the  Toxteth  dock  in  an  unfinished  state,  has  been 
seized  by  the  collector  of  Her  Majesty's  customs  on  the  orders  of  the  government,  and 
all  the  work-people  turned  out  of  the  ship. 


292  TREATY    OF    WASHINGTON. 

We  are  informed  that  this  seizure  has  been  made  in  consequence  of  sundry  deposi- 
tions made  before  the  collector  at  the  instance  of  the  consul  of  the  United 

[239]  States.    *We  have  applied  to  the  collector  for  an  inspection  of  these  documents, 
but  he  informs  us  that  they  are  not  in  his  possession. 
We  have,  however,  ascertained  that  copies  of  them  have  been  sent  to  you,  and  as 

Messrs.  Fawcett,  Preston  &  Co.  are  anxious  to  complete  this  ship,  and  retain  their 

work-people  in  their  employment,  we  take  the  liberty,  in  order  to  save  time,  to  request 

that  you  will  give  us  a  perusal  of  these  documents. 
We  are,  &c, 
(Signed)  FLETCHER  &  HULL. 


No.  19. 

3fr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  April  15, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  copies  of  a 
letter  and  its  inclosure,  from  the  home  office,1  respecting  an  application 
made  to  the  mayor  of  Liverpool  by  Messrs.  Fletcher  &  Hull,  the 
solicitors  of  Messrs.  Fawcett,  Preston  &  Co.,  to  be  allowed  to  see  the. 
depositions  on  which  the  screw-steamer  Alexandra  has  been  seized  by 
the  custom-house  authorities;  and  I  am  to  request  that  you  will  move 
the  lords  commissioners  of  Her  Majesty's  treasury  to  favor  Lord  Rus- 
sell with  their  opinion  as  to  whether  this  application  should  be  complied 
with. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  20. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
April  18,  1863.  (Received  April  18.) 
Sir  :  With  reference  to  your  letter  of  the  15th  instant,  and  its  in- 
closures,  from  the  home  office,  respecting  an  application  made  to  the 
mayor  of  Liverpool  by  Messrs.  Fletcher  &  Hull,  the  solicitors  of 
Messrs.  Fawcett  &  Preston,  to  be  allowed  to  see  the  deposition  on 
which  the  screw-steamer  Alexandra  has  been  seized  by  the  custom- 
house authorities,  *  I  am  desired  by  the  lords  commissioners  of  Her 
Majesty's  treasury  to  state,  for  the  information  of  Earl  Russell,  that  the 
law-officers  of  the  Crown  have  expressed  the  opinion  that  it  would  not 
be  proper  to  comply  with  the  application  of  Messrs.  Fletcher  &  Hull, 
the  present  proceedings  being  under  the  seventh  and  not  under  the  fifth 
section  of  the  foreign-enlistment  act.     * 

I  am  to  request  that  you  will  move  Earl  Eussell  to  communicate  this 
opinion  to  Sir  George  Grey  accordingly. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

1  No.  IS. 


BRITISH    CASE    AND    PAPERS.  293 

No.  21. 

Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  April  18, 1863. 
Sir  :  With  reference  to  your  letter  of  the  13th  instant,  I  am  directed 
by  Earl  Eussell  to  transmit  to  you,  to  be  laid  before  Secretary  Sir 
George  Grey,  a  copy  of  a  letter  from  the  treasury,1  stating  that  the  law- 
officers  of  the  Crown  have  expressed  the  opinion  that  it  would  not  be 
proper  to  comply  with  the  application  of  the  solicitors  of  Messrs.  Faw- 
cett  &  Preston,  to  be  allowed  to  see  the  depositions  on  which  the 
screw-steamer  Alexandra  has  been  seized  by  the  custom-house  authori- 
ties at  Liverpool. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[240]  *No.  22. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  23, 1863. 
Sir  :  I  have  the  honor  to  state  to  you  that,  having  communicated  to 
the  proper  department  of  Her  Majesty's  government  the  explanation 
contained  in  your  letter  of  the  11th  instant  with  regard  to  the  "  simul- 
taneous action n  which  you  had  proposed  to  take  in  regard  to  the  pro- 
ceedings in  the  case  of  the  Alexandra,  I  am  informed  that  before  any 
definite  answer  is  returned  to  that  proposal,  it  is  considered  desirable 
that  you  should  furnish  Her  Majesty's  government  with  the  "  more  speci- 
fic information  "  alluded  to  in  your  letter. 
I  am,  &c, 
(Signed)  RUSSELL. 


No.  23. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  April  25,  1863.     (Received  April  26.) 
My  Lord  :  I  beg  to  say,  in  reply  to  your  lordship's  note  of  the  23d, 
received  last  evening,  that  I  shall  take  immediate  measures  to  procure 
the  information  desired  by  Her  Majesty's  government.     So  soon  as  it  is 
received  I  shall  do  myself  the  honor  to  transmit  it. 
I  have,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


No.  20. 


294  TREATY    OF    WASHINGTON. 

No.  24. 
Air.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  April  28,  1863.     (Received  April  29.) 
My  Lord  :  I  have  the  honor  to  transmit  a  copy  of  a  letter  received  from 
Messrs  Duncan,  Squarey,  and  Blackmore,  to  whom  I  have  referred  for 
advice  in  regard  to  my  response  to  the  inquiry  which  your  lordship  did 
me  the  honor  to  address  to  me  on  the  23d  instant,  together  with  the 
inclosure  therein.    I  am  led  to  the  conclusion,  for  the  reasons  given  in 
this  letter,  that  it  would  not  be  advisable  now  to  propose  on  the  part  of 
my  Government  to  take  an  active  part  in  the  prosecutions  connected 
with  the  Alexandra.    I  am  the  more  confirmed  in  this  opinion  from  the 
fact  that  I  have  reason  soon  to  expect  more  specific  directions  from 
Washington  in  connection  with  the  management  of  the  questions  in- 
volved in  the  proceedings  that  may  be  taken  in  the  courts. 
I  have,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inolosure  1  in  No.  24.] 

Messrs.  Duncans,  Squarey,  and  Blackmore  to  Mr.  Wilding. 

Liverpool,  April  27,  1863. 

Dear  Sir  :  We  copy  the  correspondence  between  Mr.  Adams  and  Lord  Russell  which 
you  left  with  us  this  morning. 

Two  distinct  processes  are  pointed  out  by  the  foreign-enlistment  act — one  against 
the  vessel  with  a  view  to  its  condemnation ;  the  other  against  the  persons  implicated 
in  fitting  out  the  vessel,  who  are  to  be  deemed  guilty  of  a  misdemeanor  punishable  by 
fine  and  imprisonment.  The  expediency  of  proceeding  criminally  against  the  parties 
engaged  in  fitting  out  the  Alexandra  was  discussed  on  several  occasions  by  the  writer 
with  Mr.  Hamel,  the  solicitor  to  the  board  of  customs,  when  that  gentleman  was  at 
Liverpool ;  and  the  conclusion  arrived  at,  in  which  Mr.  Dudley  fully  concurred,  was, 
that  unless,  in  the  opinion  of  the  law-officers  of  the  Crown,  it  was  legally  necessary  to 
get  the  vessel  condemned,  that  there  should  be  a  previous  conviction  for  misde- 
meanor of  the  parties  implicated  in  fitting  her  out,  it  was  not  expedient  in  this 
[241]  *instance  to  proceed  criminally  against  the  parties  implicated.  The  reason  why 
such  proceedings  were  not  thought  expedient  was,  that  it  was  considered  that 
the  evidence,  though  perhaps  sufficient  to  support  proceedings  in  London  for  the  con- 
demnation of  the  vessel,  might  prove  insufficient  to  procure  a  conviction  at  Liverpool  of 
the  parties  implicated,  and  that  an  unsuccessful  prosecution  would  prejudice  the  chance 
of  getting  the  vessel  condemned,  which  would  unquestionably  be  the  case.  We  may- 
add  that  we  have  always  understood  from  Mr.  Dudley  that  it  was  the  opinion  of  Mr. 
Adams  and  himself  that  the  criminal  proceedings  against  individuals  should  be  insti- 
tuted by  the  government  of  this  country,  and  not  by  or  on  behalf  of  the  Government 
of  the  United  States.  We  inclose  a  copy  of  a  letter  addressed  by  us  to  Mr.  Hamel  on 
the  20th  instant. 

Yours,  truly, 

(Signed)  DUNCANS,  SQUAREY,  AND  BLACKMORE. 


[Inclosure  2  in  No.  24.1 
Mr.  Squarey  to  Mr.  Hamel. 

10  Water  Street,  Liverpool,  April  20,  1863. 
My  Dear  Sir  :    Your  letter  of  the  17th  instant  was  handed  to  me  in  due  course  by 
Mr.  Beverly. 

I  am  not  in  a  position  at  present  to  place  before  you  any  further  evidence ;  but  it  is 


BRITISH    CASE    AND    PAPERS.  295 

probable  that  some  additional  information  may  be  obtained,  in  which  case  I  will  com- 
municate with  yon. 

The  American  consul  has  written  to  the  United  States  for  evidence  of  the  capture 
and  detention  of  Federal  vessels  by  the  Alabama  and  the  Florida,  and  for  the  original 
letters  from  Mr.  Memminger  and  Mr.  Mallory,  showing  Messrs.  Fraser,  Trenholm  & 
Co.'s  connection  with  the  Confederate  government,  with  proof  of  the  handwriting  of 
such  letters. 

You  may  rely  absolutely  upon  this  evidence  being  forthcoming. 

I  have  had  an  opportunity  of  discussing  with  the  consul  the  questions,  at  our  inter- 
view on  Thursday  last,  and  I  may  state  that,  although  the  Government  entertains  a 
strong  opinion  that  parties  implicated  in  the  offenses  against  the  foreign-enlistment 
act  should  be  prosecuted  by  the  British  government,  the  consul  concurs  in  the  expe- 
diency, in  this  instance,  of  seeking  the  forfeiture  of  the  vessel  rather  than  the  convic- 
tion of  offending  parties. 

If,  however,  the  law-officers  of  the  Crown  should  consider  that  the  prosecution  of 
the  parties  is  legally  necessary  in  order  to  the  condemnation  of  the  vessel,  or  that  it  is 
otherwise  expedient,  the  consul  is  prepared  to  render  every  assistance  in  his  power  in 
any  such  prosecution. 

Having  regard  to  the  great  difficulty  of  procuring  such  evidence  as  one  would  wish 
to  obtain  in  support  of  the  proceeding  for  the  condemnation  of  this  vessel,  I  feel  very 
strongly  that  it  may  be  necessary  and  proper  to  disregard  the  ordinary  rule  against 
calling  unwilling  witnesses,  and  to  compel  the  attendance  on  the  trial  of  parties  from 
the  establishment  of  Messrs.  Fraser,  Trenholm  &  Co.,  and  Messrs.  Fawcett,  Preston  &, 
Co.,  with  such  books  and  papers  as  may  contain  information  as  to  the  circumstances 
under  which  the  vessel  was  ordered  to  be  built,  and  the  mode  in  which  she  has  been 
paid  for.  This,  I  am  aware,  would  be  a  bold,  and  perhaps  to  some  extent,  a  danger- 
ous course,  but  it  must  be  remembered  that  the  case  is  exceptional,  and  I  think  it  may 
deserve  consideration  whether  Captain  Tessier,  Captain  Duguid,  Captain  Bullock,  and 
some  of  the  principals  in  the  above-mentioned  firms,  and  the  Messrs.  Miller,  should  not 
also  be  subpoenaed. 

I  have  aecertained  that  the  advance-notes  given  to  the  crew  of  the  Oreto,  when 
she  sailed  from  Liverpool,  were  made  payable  at  Messrs.  Fawcett,  Preston  &  Co.'s 
office,  and  there  is,  I  believe,  no  doubt  that  those  gentlemen  furnished  the  armament 
of  that  vessel  and  of  the  Alabama. 

If  I  can  assist  you  at  any  time,  let  me  know,  and  I  will  at  once  come  to  town. 
Yours,  &c, 
(Signed)  A.  F.  SQUAREY. 


[242]  *STo.  25. 

Mr.  Hammond  to  Mr.  Hamilton? 
[Immediate.] 

Foreign  Office,  April  29, 1863. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  to  be  laid 
before  the  lords  commissioners  of  Her  Majesty's  treasury,  copies  of  a 
letter  and  its  inclosures  from  Mr.  Adams,2  stating  his  determination  not 
to  take  an  active  part  in  the  prosecution  of  the  Alexandra. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

[For  the  summing  up  of  the  lord  chief  baron  of  the  exchequer  in 
the  trial  of  this  vessel,  the  verdict  of  the  jury  for  the  defendants,  and 
the  four  judgments  of  the  full  court  of  exchequer  on  the  motion  for  a 
new  trial,  see  Yol.  III.] 


A  similar  letter  was  addressed  to  the  home  office.         3  No.  24. 


296  TREATY    OF    WASHINGTON. 

No.  26. 

Mr.  Peel  to  Mr.  Hammond. 

Treasury  Chambers, 
November  28, 1864.     (Received  November  30.) 
Sir  :  With  reference  to  your  letter  of  the  15th  instant,  relative  to  the 
payment  of  damages  claimed  by  the  owners  of  the  Alexandra,  1  am 
directed  by  the   lords  commissioners  of  Her   Majesty's    treasury  to 
transmit  to  you,  for  the  information  of  Earl  Russell,  the  inclosed  copies 
of  a  report  which  they  have  received  from  the  commissioners  of  cus- 
toms, and  of  their  lordships'  minute  thereon. 
I  am,  &c, 
(Signed)  E.  PEEL. 


[Inclosure  1  In  No.  26.  j 

The  commissioners  of  customs  to  the  lords  commissioners  of  the  treasury. 

Custom-House,  November  26,  1864. 
My  Lords  :  Mr.  Hamilton  having  signified  by  his  letter,  dated  the  16th  instant,  that, 
with  reference  to  our  solicitor's  report  of  the  14th  ultimo  as  to  the  amount  of  damages 
claimed  by  the  owners  of  the  vessel  Alexandra,  which  was  seized  under  thev  orders  of 
Her  Majesty's  government,  he  was  commanded  by  your  lordships  to  transmit  to  us 
copy  of  a  letter  from  the  foreign  office,  dated  15th  instant,  with  copy  of  the  opinion 
of  the  law-officers  of  the  Crown  on  this  subject,  and  to  request  that,  in  conformity 
with  the  opinion  of  the  law-officers,  our  solicitor  might  be  instructed  to  settle  the 
claim  for  damages,  amounting  to  £6,370  3s.  6d.,  made  by  Messrs.  Preston,  Fawcett  & 
Co.  in  respect  of  the  seizure  of  the  Alexandra,  by  payment  of  any  sum  not  exceeding 
£4,000.  We  report- 
That,  on  receipt  of  your  lordships'  order,  we  gave  the  necessary  instructions  to  our 
solicitor  accordingly,  and  that  officer  has  now  reported  that,  after  various  interviews 
with  the  solicitors  for  the  claimants  of  the  Alexandra,  he  has  arranged  with  them  for 
the  settlement  of  their  claims  for  damages  and  costs  by  payment  of  £3,700,  on  the 
understanding  that  the  amount  shall  be  paid  without  delay,  viz  : 

Damages £2, 500 

Costs 1,200 

Total 3,700 


being  therefore  £300  less  than  the  sum  specified  in  your  lordships'  order,  and  we  sub- 
mit whether  your  lordships  may  not  be  pleased,  as  in  former  cases,  to  direct  that  our 
solicitor  be  furnished  with  a  draft  for  the  amount. 

(Signed)  GRENVILLE  C.  L.  BERKELEY. 

W.  R.  GREY. 


[243]  *  [Inclosure  2  in  No.  26.] 

Treasury  minute,  dated  November  28,  1864. 

Transmit  the  papers  to  the  solicitor,  and  direct  him  to  pay  out  of  law-charges  to  Mr. 
Felix  Hamel,  solicitor  to  the  customs,  the  sum  of  £3,700,  in  order  that  the  same  may 
be  paid  by  Mr.  Hamel  to  Messrs.  Preston,  Fawcett  &  Co.,  or  their  agents,  in  final  set- 
tlement of  claims  on  their  part  for  damages  and  costs  in  the  suit  arising  from  the 
seizure  of  the  Alexandra,  a  proper  receipt  for  the  same  to  be  taken. 


[245] 


*PART   II. 


MARY,  (OR  ALEXANDRA.) 


[247]  *MARY,    (or    ALEXANDRA.) 


PART  II. 


Xo.  1. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street,  October  3,  1864.    (Received  October  4.) 
Sir:  lam  directed  by  Mr.  Secretary  Card  well  to  request  that  you 
will  lay  before  Lord  Russell  the  accompanying  copy  of  a  d 

dispatch  from  the  lieutenant-governor  of  Nova  Scotia,  for- 
warding copy  of  his  correspondence  with  the  United  States  consul  at 
Halifax  with  reference  to  an  application  addressed  to  him  by  that 
officer  to  prevent  a  British  steamer  called  the  Mary,  formerly  the  Alexan- 
dra, being  equipped  as  a  privateer  in  that  port. 

I  am,  &c. 

(Signed)  '  FREDERIC  ROGERS. 


[Inclosure  1  in  No.  1.] 
Lieutenant  Governor  Sir  E.  Macdonnell  to  Mr.  Card-well. 

Government  House,  Halifax,  September  15,  1864. 
Sir  :  I  have  the  honor  to  report  that,  on  the  10th  instant,  I  received  the  inclosed 
letter,  addressed  by  the  United  States  consul  to  the  provincial  secretary,  informing 
him  that  a  British  steamer  called  the  Mary  was  then  in  this  port,  the  same  which  had 
been  so  well  known  as  the  Alexandra,  the  cause  of  so  much  litigation  in  the  British 
courts. 

The  consul  requested  this  government  to  take  measures  to  prevent  the  Mary  from 
being  equipped  as  a  privateer,  stating  merely  that  he  had  reason  to  believe  such  was 
the  purpose  of  her  visit  to  this  port. 

2.  You  will  observe  that  I  decline  subjecting  a  British  vessel  to  any  special  surveil- 
lance on  such  a  vague  statement  of  mere  suspicion,  unsupported  by  a  single  proof  or 
suggestion  of  proof. 

3.  I  may  add,  however,  that  I  have  not  neglected  to  obtain  such  information  as  I 
could  to  satisfy  myself  of  the  possible  intentions  of  the  owners  of  the  Alexandra. 
I  am  assured,  through  an  officer  employed  by  the  admiral  to  inspect  the  vessel,  and  I 
have  reliable  information  from  other  sources,  that,  although  strongly  built  and  a  fair 
sailer,  the  Mary  is  quite  unfitted  to  be  used  as  a  privateer,  having  only  a  speed  of  four 
miles  under  steam. 

.  4.  Whatever,  therefore,  may  have  been  the  original  destination  of  the  vessel,  she 
appears  to  have  entirely  disappointed  her  owners  ;  and  I  understand  there  is  no  proba- 
bility^ her  being  fitted  out  either  as  a  privateer  or  blockade-runner.  She  will,  per- 
haps, be  employed  as  an  ordinary  merchant-vessel. 

I  have,  &c, 

(Signed)  RICHARD  GRAVES  MACDONNELL. 


[248]  *;iuclosure  2  in  No.  l.J 

Mr.  Jackson  to  Mr.  Tupper. 

Consulate  of  the  United  States  op  America  at  Halifax, 

Nova  Scotia,  September  10,  1864. 
Sir  :  I  have  the  honor  to  call  your  attention  to  the  arrival  in  this  port  of  the  British 
steamer  Mary,  formerly  the.  Alexandra,  so    long  the  subject  of  litigation  before  the 


300  TREATY    OF    WASHINGTON. 

British  court,  and  to  state  that  the  steamer  has  come  to  this  port,  as  I  have  reason 
to  believe,  for  the  purpose  of  taking  in  arms  and  completing  her  equipments  as  a 
privateer,  in  violation  of  law,  to  prey  upon  the  commerce  and  property  of  the  United 
States. 

I  have,  therefore,  respectfully  to  request  that  you  will  he  pleased  to  take  such 
measures  as  shall  effectually  prevent  the  consummation  of  such  unlawful  purposes. 
I  have,  &c, 
(Signed)  M.  M.  JACKSON, 

United  States  Consul. 


[Inclosure  3  in  No.  1.] 

Mr.  Ihorne  to  Mr.  Jackson. 

Provincial  Secretary's  Office,  Halifax, 

September  14,  1864. 

Sir  :  I  have  laid  "before  his  excellency  the  lieutenant-governor  your  letter  of  Satur- 
day, the  10th  instant,  representing  that  a  British  steamer  called  the  Mary  is  now  in  this 
harbor,  and  that  you  have  reason  to  believe  that  she  is  here  for  the  purpose  of  taking 
in  arms  and  completing  her  equipment  as  a  privateer. 

You  state  that  the  Mary  was  known  formerly  as  the  Alexandra,  but  supply  no  in- 
formation regarding  her  to  justify  his  excellency  in  subjecting  the  Mary  to  any  special 
surveillance.  Under  these  circumstances  I  am  now  instructed  to  inform  you  that  none 
of  the  orders  of  the  Queen  defining  the  rights  of  belligerent  vessels  or  privateers 
within  the  territorial  jurisdiction  of  Her  Majesty  are  applicable  to  a  vessel  British 
owned,  and  against  which  nothing  further  is  alleged  than  a  vague  suspicion,  for  which 
no  adequate  reason  is  assigned. 

His  excellency,  nevertheless,  in  his  desire  to  prevent  transactions  by  Her  Majesty's 
subjects  which  might  wear  even  the  semblance  of  hostility  toward  a  nation  with  which 
the  Queen's  government  has  the  satisfaction  of  maintaining  friendly  relations,  has 
made  such  inquiry  as  was  consistent  with  his  duty  into  the  probable  future  destination 
of  the  Mary.  His  excellency  has  much  pleasure  in  stating  that  his  inquiries  hitherto 
afford  no  reasonable  ground  for  supposing  that  there  is  any  foundation  for  the  suspi- 
cions to  which  you  advert. 
I  have,  &c, 
(Signed)  -  JAS.  H.  THORNE,  Deputy  Secretary. 


No.  2. 

Sir  F.  Rogers  to  Mr.  Hammond. 
[Immediate.] 

Downing  Street,  January  9, 1865.  (Received  January  9.) 
Sir  :  I  am  directed  by  Mr.  Secretary  Oardwell  to  transmit  to  you,  for 
the  consideration  of  Earl  Russell,  the  inclosed  copies  of  dispatches  from 
the  lieutenant-governor  and  governor  of  the  Bahamas,  reporting  the 
seizure  at  Nassau  of  the  steamer  Mary,  formerly  called  the  Alexandra, 
on  the  ground  that  she  was  being  equipped  as  a  war-steamer  for  the 
service  of  the  Confederate  States. 

Mr.  Card  well  would  be  glad  to  be  informed  (if  possible  in  time  to  com- 
municate with  the  colony  by  the  mail  of  the  14th  instant)  whether  Lord 
Russell  approves  of  the  course  pursued  by  the  governor  in  this  matter ; 
and  he  would  request  that,  as  requested  by  the  colonial  attorney-general, 
the  opinion  of  the  law-officers  of  the  Crown  should  be  obtained,  with  the 
least  practicable  delay,  for  the  guidance  of  the  colonial  government  in 
the  further  proceedings  to  be  taken  with  regard  to  the  vessel. 
I  am,  &c, 
(Signed)  FREDERIC  ROGERS. 


BRITISH    CASE    AND    PAPERS.  301 

[240  1  *[Inclosnre  4  in  No.  2.] 

Lieutenant-Governor  Nesbitt  to  Mr.  Cardwell. 

Government  House,  Nassau,  December  7,  1864. 
Sir  :  I  have  the  honor  to  transmit  for  your  information  copies  of  the  following  docu- 
ments in  connection  with  our  relations  with  the  United  States  of  America : 

1.  Dispatch  from  Mr.  J.  H.  Burnley,  dated  at  Washington,  8th  October,  1864,  received 
by  me  on  the  evening  of  the  3d  instant,  with  copy  of  dispatch  from  the  Secretary  of 
State  for  the  United  States  relative  to  vessels  at  Nassau  suspected  of  being  fitted  out 
for  piratical  purposes. 

2.  Copy  of  a  memorandum  sent  by  me,  in  consequence,  to  receiver-general  and 
treasurer  of  this  colony  for  his  guidance. 

3.  Copy  of  a  communication,  dated  5th  December,  1864,  received  by  me  on  the  after- 
noon of  the  above  date  from  the  United  States  consul  at  Nassau,  in  reference  to  the 
steamer  Mary,  formerly  the  Alexandra,  suspected  of  being  fitted  for  belligerent 
purposes. 

4.  Communication  sent  by  me  to  the  attorney-general  in  consequence. 

5.  Attorney-general's  reply  to  above  communication. 

6.  Instructions  sent  by  me  to  the  receiver-general,  with  attorney-general's  letter. 

7.  (jReceiver-general's  first  report.  "       , 

8.  Reply  to  letter  of  consul  of  United  States  of  5th  instant. 

9.  Acknowledgment  of  the  above  reply  by  consul  of  the  United  States. 

10.  Receiver-general's  second  report  after  searching  steamer  Mary,  late  Alexandra. 

11.  Attorney-general's  report  after  perusing  receiver-general's  report. 

12.  Letter  from  myself  to  consul  of  the  United  States,  informing  him  of  what  had 
been  done  in  relation  to  his  letter  about  the  steamer  Mary,  late  Alexandra. 

13.  Report  of  receiver-general  in  reply  to  my  minute  of  the  3d  instant. 
I  have,  &c, 

(Signed)  R.  C.  NESBITT. 


[Inclosnre  2  in  No.  2.] 
Mr.  Burnley  to  Lieutenant-Governor  NesUtt. 

*  Washington,  October  8,  1864. 

Sir:  I  have  the  honor  to  inclose  a  copy  of  a  note  of  the  6th  instant,  which  I 
have  received  from  the  Secretary  of  State  of  the  United  States,  requesting  me  to  invite 
the  attention  of  the  authorities  of  the  Bahamas  to  the  proceedings  of  insurgent  agents 
engaged  in  fitting  out  vessels  at  Nassau,  New  Providence,  with  a  view  to  piratical 
operations  against  the  commerce  of  the  United  States. 
I  have,  &c, 
(Signed)  J.  HUME  BURNLEY. 


[Inclosure  3  in  No.  2.] 
Mr.  Seward  to  Mr.  Burnley. 

i    Department  of  State, 

Washington,  October  6,  1864. 
Sir  :  Information  has  been  received  at  this  department  that  the  agents  of  the  insur- 
gent enemies  of  the  United  States  are  engaged  in  fitting  out  vessels  at  Nassau,  New 
Providence,  with  a  view  to  piratical  operations  against  the  commerce  of  the  United 
States.  The  steamer  Hope,  which  sailed  on  the  23d  of  August  last  from  that  port, 
bound  for  Wilmington,  is  represented  to  be  a  vessel  of  that  character. 

I  will  thank  you  to  invite  the  attention  of  the  proper  colonial  authorities  to  the 
matter,  with  a  view  to  the  prevention  of  such  enterprises. 

(Signed)  W.  H.  SEWARD. 


[250]  *[Incloaure  4  in  No.  2.] 

Memorandum  for  receiver-general  and  treasurer. 

Government  House,  Nassau,  December  3,  1864. 
I  have  this  day  received  a  dispatch  from  J.  H.  Burnley,  esq.,  Her  Majesty's  charge" 
d'affaires  at  Washington,  dated  October  6,  1864,  stating  that  he  had  received  a  note 


302  TREATY    OF    WASHINGTON.  * 

from  the  Secretary  of  State  of  the  United  States,  requesting  him  to  invite  the  attention 
of  the  authorities  of  this  colony  to  the  proceedings  of  insurgent  agents  engaged  in  fit- 
ting out  vessels  at  Nassau,  New  Providence,  with  a  view  to  piratical  operations  against 
the  commerce  of  the  United  States. 

The  Secretary  of  State  for  the  United  States  mentions  that  the  steamer  Hope,  which 
sailed  on  the  23d  of  August  last  from  Nassau,  bound  for  Wilmington,  is  represented  to 
be  a  vessel  of  that  character. 

I  have,  therefore,  to  request  the  receiver-general  for  any  information  which  he  may 
"possess  in  regard  to  the  character  of  the  steamer  Hope,  or  in  repect  to  any  other  vessels 
now  or  lately  in  the  port  of  Nassau,  that  have  been  or  are  being  fitted  for  warlike  in- 
stead of  commercial  purposes;  and  that  he  will  be  so  good  as  to  make  me  a  formal 
report  on  the  subject,  which  I  may  communicate  to  Her  Majesty's  government  and  to 
Her  Majesty's  minister  at  Washington,  and  also,  if  necessary,  to  the  attorney-general 
of  the  colony. 

(Signed)  C.  R.  NESBITT, 

Lieutenant-  Governor. 

P.  S. — As  the  celebrated  vessel  Alexandra,  under  the  name  of  the  Mary,  is  in  this 
port,  I  should  like  the  receiver-general  in  his  report  to  allude  to  her  and  state  what  is 
the  present  character  of  that  vessel,  so  far  as  he  is  aware. 

*  C.  R»N. 


fin  closure  5  in  No.  2.1] 

Mr.  Kirhpatrick  to  Lieutenant-Colonel  Nesbitt. 

United  States  Consulate, 

Nassau,  New  Providence,  December  5,  1864. 
Dear  Sir:  I  have  the  honor  to  call  your  attention  to  the  arrival  at  this  port  of  the 
Alexandra,  now  the  Mary,  (of  whose  arrival  you  have  doubtless  been  informed,)  and  to 
say  to  your  excellency  that  I  have  every  reason  to  believe,  and  do  believe,  that  she  is 
intended  for  war  purposes,  and  to  destroy  the  merchant- vessels  of  the  United  States, 
and  has  now  mounted  one  or  more  guns  of  very  heavy,  [caliber ;]  one  at  least,  I  under- 
stand, is  certainly  mounted  and  covered  over  with  a  bag,  locking  like  merchandise  to 
[a  casual]  observer.  I  trust  you  will  cause  a  [strict]  examination  to  be  made  of  [this 
vessel,  in  view]  of  the  [neutrality]  which  was  put  forth  in  Her  Majesty  the  Queen's 
proclamation,  as  well  as  other  action  which  has  been  taken  by  your  [excellency,]  to 
maintain  that  [neutrality]  in  regard  to  this  [vessel]  as  well  as  others.  By  the  mani- 
fest of  her  cargo,  as  returned  to  the  cnstom-house  here,  a  copy  of  which  I  send  you, 
you  will  perceive  that  what  cargo  she  has  is  of  a  very  suspicious  character,  and  con- 
firms my  belief  in  the  statement  made,  that  she  is,  to  all  [intents]  and  purposes,  an 
armed  vessel.  The  following  is  her  manifest  as  returned,  with  the  marks  and  direc- 
tions : 

Marks.  , 

J.  R.  H *. 2  cases  ^ 

O.  C 3  cases 

J.  R 3  cases 

4  bales 

S.H.N:::::-.:::::::::::::::::::::::v.v.v:.:::::-..::::  i  SE  }  N»tto *•**«■ 

2  cases 

P.N 1  cask 

J.  R.  H 2  cases 

1  box 

In  addition  to  this  I  would  state  that  several  boxes  of  shells  were  put  on  board  of 
her  last  week  in  this  harbor. 

I  doubt  not,  upon  receiving  this  information,  your  excellency  will  cause  immediate 
steps  to  be  taken  to  vindicate  the  [neutrality  of  the  British  government]  and 
[251]  *inaintain  ^the  friendly  relations  existing  between  them  and  the  government  ot 
the  United  States  of  America. 
I  have,  &c, 
(Signed)  THOMAS  KIRKPATRICK. 

N.  B. — Since  writing  the  above  I  have  learned  of  several  attempts  to  procure  seamen 
in  this  city  to  go  on  board  of  a  privateer,  meaning  the  Mary. 

T.  K. 

'The  passages  in  brackets  were  left  blank  in  the  copy  received. 


BRITISH    CASE    AND    PAPERS.  303 

[Inclosure  6  in  No.  2.1 
Minute  sent  to  attorney-general,  with  Mr.  Kirkpatrick' s  letter  of  December  5,  1864. 

I  shall  be  obliged  to  the  attorney-general  to,  as  promptly  as  possible,  advise  on  what 
course  should  be  adopted  in  this  matter.  I  wrote  to  the  receiver-general  on  Saturday 
to  report  to  me  upon  the  character  of  this  vessel,  and  of  other  vessels  in  the  port,  in 
consequence  of  the  accompanying  communication,  which  I  received  on  that  day  from 
Her  Majesty's  charge"  d'affaires  at  Washington,  and  which  I  now  send  for  the  attorney- 
general's  perusal. 

With  respect  to  the  Alexandra,  alias  Mary,  if  there  is  any  action  which  he  would 
advise  as  necessary  to  carry  into  effect  Her  Majesty's  proclamation,  referred  to  by  the 
consul  of  the  United  States,  I  authorize  him,  on  behalf  of  Her  Majesty,  to  take  all 
necessary  steps  for  preventing  a  breach  of  such  proclamation  by  that  vessel. 

(Signed)  C.  R.  NESBITT, 

Administrator  of  Government. 


[Inclosure  7  in  No.  2.] 
The  attorney-general  to  Governor  Nesbitt. 

Attorney  General's  Office, 

Nassau,  December  5,  1864. 
Sir:  In  reference  to  your  honor's  memorandum  just  received,  I  advise  that  the 
receiver-general  be  instructed  at  once  to  search  the  Mary,  for  the  purpose  of  ascertain- 
ing whether  she  has  any  arms  or  ammunition  on  board,  as  reported  by  the  consul. 
I  will  report  further  on  the  case,  but  send  this  now,  as  requiring  immediate  action. 
I  have,  &c, 
(Signed)  G.  C.  ANDERSON. 


[Inclosure  8  in  No.  2.] 
Instructions  to  receiver-general. 

With  reference  to  my  previous  communication,  under  date  of  the  3d  instant,  I  have 
to  instruct  the  receiver-general  in  accordance  with  the  advice  of  the  attorney-general, 
to  cause  immediate  search  to  be  made  on  board  the  steamer  Mary,  for  the  purposes 
mentioned  by  the  attorney-general,  and  to  report,  as  soon  as  practicable,  to  the  attor- 
ney-general and  myself. 

(Signed)  C.  R.  NESBITT. 

December  5,  1864. 


[Inclosure  9  in  No.  2.] 
Lieutenant-Governor  Nesbitt  to  Mr.  Kirlcpatrick. 

Government  House, 

Nassau,  December  5,  1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  this  date,  at  2.15 
p.  m.,  and  in  reply  to  inform  you  that  I  had  already  called  the  attention  of  the 
[252]  receiver-general  and  treasurer  to  the  steamer  Mary,  late  Alexandra,  with  the  *view 
of  obtaining  from  him  a  report  as  to  her  character  being  other  than  for  commer- 
cial purposes. 

Since  the  receipt  of  your  letter,  I  hav^e  directed  the  receiver-general  to  at  once 
search  the  vessel,  With  the  view  of  ascertaining  and  promptly  reporting  the  facts  which 
may  be  ascertained  on  such  search,  for  the  guidance  of  the  law-officers  of  the  Crown 
and  myself. 

I  have,  &c, 

(Signed)  C.  R.  NESBITT, 

Lieu  tenant-  G  overnor. 


[Inclosnre  10  in  No.  2.] 
Mr.  Kirkpatrick  to  Lieutenant-Governor  Nesbitt. 

United  States  Consulate, 
Nassau,  New  Providence,  December  6,  1864. 
Sir  :  I  had  the  honor  to  receive  this  morning  your  excellency's  answer  to  mine  of 
yesterday,  and  I  desire  to  thank  fbu  for  the  promptness  exhibited  by  you  in  directing 


304  TREATY    OF    WASHINGTON. 

an  investigation  as  to  the  character  and  purposes  of  the  Mary,  late  Alexandra,  before 
you  received  my  communication,  and,  upon  its  receipt,  for  your  immediate  order  to 
search  her,  and  report  the  facts  for  your  excellency's  action.  I  have  since"  learned  that 
the  search  was  made,  (to  he  followed  up  by  a  more  thorough  one  to-day,)  and  resulted  in. 
her  having  been  found,  upon  such  investigation,  to  be  of  the  character  I  represented 
her. 

It  will  give  me  sincere  pleasure  in  laying  before  my  Government  the  promptness  with 
which  you  have  acted  in  thus  vindicating  this  attempted  violation  of  [neutrality]  as 
set  forth  in  the  proclamation  of  Her  Majesty  the  Queen,  and  it  will  bo  convincing  evi- 
dence to  them  of  the  desire  and  determination  of  the  officers  of  Her  Majesty  to  main- 
tain and  continue  those  friendly  relations  which  highly  exist,  [«ric,]  and  which  I  shall 
earnestly  endeavor  to  cultivate. 
I  have,  &c, 
(Signed)  THOMAS  KIRKPATRICK. 


[Inclosure  11  in  No.  2.] 

Mr.  Dumarcsq  to  Lieutenant-Governor  Nesbitt. 

[Immediate] 

Receiver  General's  Office, 

December  6,  1864—9  a.  m. 
Sir  :  I  have  the  honor  to  report  that  immediately  on  receiving  your  honor's  minute, 
late  last  evening,  I  proceeded  to  inspect  the  steamer  Mary,  late  the  Alexandra,  now  at 
anchor  in  this  harbor,  and  personally  superintended  the  search  for  arms,  &c,  when,  on 
having  a  large  case  in  the  after-hold  opened,  I  discovered  a  gun  (I  believe  a  12-pounder,) 
with  carriage  and  appurtenances  complete. 

As  it  was  too  late  to  take  any  further  steps  in  the  matter,  I  placed  two  officers  of 
this  department  in  charge  of  the  vessel,  and  propose  instituting  a  further  search  this 
morning,  in  the  fore-hold,  the  result  of  which  I  will  at  once  communicate  to  your 
honor. 

I  have,  &c, 

(Signed)  ,    JOHN  D'A.  DUMARESQ, 

Eeceiver-General. 


[Inclosure  12  in  No.  2.] 
Mr.  Bumaresq  to  Lieutenant-Governor  Nesbitt. 
[Immediate.] 

Receiver  General's  Office, 
Nassau,  New  Providence,  December  6,  1864. 
Sir  :  I  have  the  honor  to  report  that  I  have  again  visited  the  steamer  Mary,  late 
Alexandra,  and  find  on  a  further  examination  of  the  gun,  referred  to  in  my  letter  of 
this  day's  date,  that  it  is  merely  a  small  field-piece,  and  could  not  be  used  at  sea.     The 
fore-hold  has  been  searched,  and  found  to  contain  principally  cases  of  wine  and  brandy ; 
there  is,  however,  one  case,  about  three  feet  square,  which  appears  to  contain  shell  or 
shot,  and  as  the  agents  have  volunteered  to  land,  not  only  this  package  but 
[253]  *the  gun  in  question,  submit  that  the  vessel  may  be  released  from  further  deten- 
tion on  their  doing  so.  • 

(Signed)  JOHN  D'A.  DUMARESQ, 

Eeceiver-General. 


[Inclosure  13  in  No.  2.1 

^Opinion  of  the  attorney-general. 

In  re  steamship  Mary,  late  Alexandra. 

There  are  so  many  peculiarities  in  the  past  history  of  this  vessel  that  it  behooves  the 
government  to  be  watchful  of  her,  and,  at  all  events,  to  be  careful  not  to  allow  her  to 
quit  this  port  with  any  munitions  of  war  on  board  which  may  enable  her  to  be  con- 
verted at  sea  into  a  cruiser. 

In  the  authorized  report  of  what  is  popularly  known  as  the  "Alexandra  case,"  she 
is  thus  referred  to  by  the  lord  chief  baron  :  "  The  evidence  for  the  Crown  clearly  estab- 


BRITISH    CASE    AND    PAPERS.  305 

lislied  the  warlike  character  of  the  vessel.  It  was  not  at  all  adapted  for  commerce,  but 
was  capable  of  being  adapted  for  warlike  purposes  ;  and  though  it  might  have  been 
used  as  a  yacht, -according  to  the  evidence  of  Captain  Iuglefield,  it  was  in  all  proba- 
bility intended  to  be  used  by  the  so-called  Confederate  States  as  a  vessel  of  war  when 
adapted  for  that  purpose  by  their  suitable  equipments  and  fittings-up  being  furnished." 

With  the  foregoing  description  before  me,  had  the  gun  found  by  the  receiver-general 
been  one  which  could  have  been  used  on  board  of  her,  or  if,  as  alleged  by  the  American 
consul,  but  which  I  understand  to  be  negatived  by  the  receiver-general,  shell  had  been 
conveyed  on  board  of  her  since  her  arrival  in  this  port,  I  should  have  unhesitatingly 
advised  her  seizure  and  detention  until  the  circumstances  connected  with  her  had 
been  reported  to  the  secretary  of  state. 

The  course  thus  indicated  would  doubtless  have  been  surrounded  with  some  diffi- 
culties, and  the  result  might  have  been  uncertain,  but  I  should  have  considered  the 
circumstances  to  be  of  so  suspicious  a  character  as  to  warrant  strong  measures.  After, 
however,  reading  the  second  letter  of  the  receiver-general,  I  defer  to  the  opinion  therein 
expressed,  with  the  reservation  that,  not  only  should  the  agents  land  the  gun  and  case 
particularly  mentioned  by  the  receiver-general  before  the  vessel  is  released  from 
restraint,  but  that  a  trusty  officer  of  the  revenue  should  be  kept  on  board  during  the 
further  stay  of  the  vessel  in  this  port,  to  watch  and  report  on  the  proceedings  of  the 
parties  belonging  to  her. 

I  beg  further  to  report  that  I  have  been  in  communication  this  morning  with  the 
American  consul,  and  have  invited  him  to  put  me  in  possession,  from  time  to  time,  of 
any  information  he  may  receive  of  acts  constituting  violations  of  the  foreign-enlist- 
ment act. 

I  now  return  the  papers  forwarded  to  me,  and  advise  that  the  consul  be  officially 
notified  of  our  proceedings  in  the  matter  complained  of  by  him  and  the  result. 
(Signed)  G.  C.  ANDERSON, 

Attorney -General. 


[Inclosure  14  in  Xo.  2.  J 
Lieutenant-Governor  Nesbitt  to  Mr.  KirTcpatrick. 

Government  House,  Nassau,  December  6,  1884. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  this  date,  and  to 
express  my  gratification  at  its  courteous  tone. 

I  have  now  to  acquaint  you  that  since  my  last  communication  to  you  I  received  a 
report  from  the  receiver-general,  dated  at  4  o'clock  this  morning,  informing  me  that, 
agreeably  to  my  instructions,  received  late  on  the  previous  evening,  ho  had  proceeded 
to  inspect  the  steamer  Mary,  late  the  Alexandra,  at  anchor  in  this  harbor,  and  per- 
sonally superintended  the  search  for  arms,  &c,  when,  on  having  a  large  case  in  the 
after-hold  opened,  he  discovered  a  gun,  (ho  believed  a  12-pounder.)  wTith  carriage  and 
appurtenances  complete. 

The  receiver-general  added  that,  as  it  was  too  late  to  take  any  further  steps,  he  had 
placed  two  officers  of  his  department  in  charge  of  the  vessel,  and  proposed  instituting 
a  further  search  this  morning  in  the  fore-hold,  the  result  of  which  he  would  at  once 

communicate  to  me. 
[254]      This  afternoon  I  received  a  second  report  from  the  receiver-general,  stating 
that  he  had  again  visited  the  steamer  Mary,  late  Alexandra,  and  found,  on  a 
further  examination  of  the  gun  referred  to  in  his  previous  report,  that  it  is  merely  a 
small  field-piece,  and  could  not  bo  used  at  sea. 

The  receiver-general  added  that  the  fore-hold  had  been  searched  and  found  to  contain 
principally  cases  of  wine  and  brandy;  that  there  was  one  caseP  however,  about  three 
feet  square,  which  appears  to  contain  shell  or  shot,  and  that  as  the  agents  have  vol- 
unteered to  land  not  only  this  package,  but  the  gun  in  question,  he  submitted  that  the 
vessel  may  be  released  from  further  detention  on  their  doing  so. 

I  referred  your  letter  with  these  reports  to  Her  Majesty's  attorney-general  of  this 
colony  who,  referring  to  and  qtioting  from  the  decision  in  the  case  of  the  Alexandra 
in  England,  has  stated  in  his  report  to  me  thereon  that,  had  the  gun  found  by  the 
receiver-general  been  one  which  could  have  been  used  on  board  the  Mary,  or  if,  as 
alleged  by  you,  but  which  he  understood  to  be  negatived  by  the  receiver  genera  I, -shell 
had  been  conveyed  on  board  of  her  since  her  arrival  in  this  port,  he  would  then  have 
unhesitatingly  advised  her  seizure  and  detention  until  the  circumstances  connected 
with  her  had  been  reported  to  the  secretary  of  state. 

The  attorney-general  added,  however,  that  the  course  thus  indicated  would  have 
been  surrounded  with  some  difficulties  and  the  result  might  have  been  uncertain  ;  but 
he  should  have  considered  the  circumstances  to  be  of  so  suspicious  a  character  as  to 
warrant  strong  measures  ;  bnt  that,  after  reading  the  second  letter  of  the  receiver-gen- 

H.  Ex.  282,  vol.  ii 20 


306  TREATY    OF    WASHINGTON. 

eral,  he  deferred  to  the  opinion  therein  expressed,  with  the  reservation  that  not  only 
should  the  agents  land  the  gun  and  case  particularly  mentioned  by  the  receiver-gen- 
eral before  the  vessel,  is  released  from  restraint,  but  that  a  trusty  officer  of  the  revenue 
should  be  kept  on  board  during  the  further  stay  of  the  vessel  in  this  port,  to  watch  and 
report  on  the  proceedings  of  the  parties  belonging  to  her. 

I  now  beg  to  state  for  your  further  information  that,  adopting  the  attorney-general's 
report,  I  have  instructed  the  receiver-general  accordingly. 

In  conclusion,  I  desire  to  assure  you  of  my  sincere  desire  to  prevent  in  this'colony  any 
violation  of  Her  Majesty's  proclamation  of  neutrality,  and  to  maintain  and  cultivate 
those  friendly  relations  which  happily  exist  between  the  government  of  Her  Majesty 
and  of  the  United  States. 
I  have,  &c, 
(Signed)  D.  R.  NESBITT. 


[Inclosure  15  in  No.  2.  ] 

Mr.  Dumaresq  to  Lieutenant-Governor  Nesbitt. 

Receiver-General's  Office, 
Nassau,  New  Providence,  December  7,  1864. 
Sir  :  I  have  the  honor  to  report  with  reference  to  your  honor's  minute  of  the  3d 
instant,  that,  to  the  best  of  my  knowledge  and  belief,  no  vessels  have  been  fitted  out 
at  Nassau  for  piratical  operations  against  the  commerce  of  the  United  States ;  and, 
viewing  the  strict  regulations  in  force  to  prevent  the  slightest  infringement  of  Her 
Majesty's  proclamation,  as  far  as  this  port  is  concerned,  I  do  not  think  any  proceedings 
of  this  nature  could  actually  take  place  without  being  immediately  brought  under  your 
honor's  notice. 

On  the  first  arrival  of  several  steamers  reports  have  been  circulated,  without  the 
slightest  foundation,  as  to  their  ultimate  conversion  or  appropriation  for  warlike  pur- 
poses, such,  for  instance,  as  the  steamship  Hope,  referred  to  in  Mr.  Seward's  dispatch 
of  the  6th  of  October  last  to  Her  Majesty's  charge*  d'affaires  at  Washington,  and  which 
steamer  has  since  been  captured  oft"  Wilmington,  with  a  general  cargo  on  board,  by 
the  blockading  squadron  of  the  United  States,  thus  effectually  disposing  of  the  ques- 
tion of  her  having  been  fitted  out  here  as  a  privateer. 

Another  steamer,  however,  the  Mary,  late  the  Alexandra,  has  recently  arrived  at 
Nassau  with  a  few  packages  of  merchandise  from  Bermuda,  having,  externally,  all  the 
appearance  of  a  gun-boat,  and  from  her  previous  history,  has  occasioned  many  conflict- 
ing reports  as  to  her  true  character,  which  have  resulted  in  the  official  inquiry  insti- 
tuted in  obedience  to  your  honor's  instructions  and  now  pending. 

I  refrain,  therefore,  from  further  allusion  to  her  case  in  this  letter,  merely 
[255]  adding  *that,  in  accordance  with  the  general  practice  at  this  port,  her  hatches 
were  sealed  up  by  the  boarding-officer  as  soon  as  practicable  after  her  arrival. 
I  have,  &c, 
(Signed)  JOHN  D'A.  DUMARESQ, 

Receiver- General. 


[Inclosure  16  in  No.  2.] 

Lieutenant-Governor  Nesbitt  to  Mr.  Cardwell. 

Government  House,  Nassau,  December  8,  1864. 
Sir  :  With  reference  to  my  dispatch  of  the  7th  instant,  I  have  the  honor  to  forward 
for  your  information  copies  of  further  correspondence  which  has  occurred  in  relation 
to  the  steamer  Mary,  late  Alexandra,  and  to  add  that,  in  accordance  with  the  advice 
of  the  attorney-general,  I  authorized  the  receiver-general  to  grant  the  permission 
asked  for  by  the  agents  of  the  vessel  to  laud  her  cargo  and  thus  prevent  the  vessel 
leaving  this  port  with  munitions  of  war  on  board. 
I  have,  &c, 
(Signed)  C.  R.  NESBITT. 

P.  S. — I  beg  to  add  the  copy  of  a  further  letter  which  I  have  this  day  received  from 
the  United  States  consul,  together  with  my  reply  thereto,  based  on  the  accompanying 
report  of  the  attoruey-general  of  this  date. 

C.  R.  N. 


BRITISH    CASE    AND    PAPERS.  307 

[Inclosure  17  in  No.  2.J 

Mr.  Dumaresq  to  Lieutenant-Governor  Nesbitt. 

[Immediate.] 

Receiver-General's  Office,  December  7,  1864. 
Sir:  With  reference  to  your  honor's  minute  of  yesterday's  date,  subjoining  an 
extract  from  the  report  received  from  the  attorney-general  iu  the  case  of  the  Mary, 
late  the  Alexandra,  I  have  the  honor  to  submit  that,  previous  to  the  release  of  the 
vessel  in  question,  the  officer  in  command  of  the  royal  artillery  at  this  port  may  be 
requested  to  inspect  the  gun  and  report  thereon  for  your  honor's  information  as  to  the 
feasibility  of  its  being  used  for  naval  purposes.  I  am  the  more  anxious  that  the 
opinion  of  some  competent  person  should  be  taken  on  the  subject  as  I  have  this  day 
made  a  further  search  on  board  the  Mary  and  have  discovered  a  bale  containing  sixty 
hammocks,  stowed  away  in  the  after-hold  with  the  gun  ;  also  a  box  in  the  fore-hold, 
in  which  there  are  a  number  of  keys  for  unscrewing  the  side-lights,  now  covered  over 
on  the  outside  with  sheet-copper  or  tin ;  and  further,  I  remark  that  a  number  of 
carpenters  are  employed  in  fitting  up  additional  accommodation  below  for.  the  crew. 
Viewing  this,  therefore,  in  connection  with  the  fact  that  she  has  scarcely  any  stowage- 
space  for  cargo,  I  deem  it  right  again  to  solicit  your  honor's  instructions  in  the 
matter,  and  at  the  same  time  to  submit  the'  inclosed  application  from  Messrs.  Henry 
Adderley  &  Co. ,  the  agents  of  the  vessel,  for  the  discharge  of  the  cargo  now  on  board 
I  nave,  &c, 
(Signed)  JOHN  D'A.  DUMARESQ, 

Receiver-General. 


[Inclosure  18  in  No.  2.] 

Messrs.  Adderley  §•  Co.  to  Mr.  Dumaresq. 

Nassau,  New  Providence,  December  8,  1864. 
Sir  :  We  beg  permission  to  land  the  cargo  of  the  steamship  Mary. 
Yours,  &c, 
(Signed)  HENRY  ADDERLEY  &  CO. 


[256]  *[Inelosure  19  in  No.  2. J 

Colonel  Moffat  to  Lieutenant-Governor  Nesbitt. 

Brigade  Office,  Nassau,  December  8,  1864. 
Sir  :  In  reply  to  your  communication  of  this  date,  relative  to  the  steamer  Mary, 
now  in  th  is  port,  I  have  the  honor  to  acquaint  you  that,  in  compliance  with  your  request 
the  officer  commanding  the  royal  artillery  has  been  sent  on  board  by  me  and  made  his 
report,  which  I  now  inclose. 
I  have,  &c, 
(Signed)  ROWLAND  MOFFAT. 


[Inclosure  20  in  No.  2.] 

Lieutenant  Almon,  B.  A.,  to  Colonel  Moffat. 

Royal  Artillery  Office, 

Nassau,  December  8,  1864. 
Sir  :  I  have  the  honor  to  inform  you  that,  in  compliance  with  your  order,  I  have 
inspected  the  gun  on  board  the  steamer  Mary.    This  gun  being  of  a  different  form 
from  any  that  I  am  acquainted  with,  I  cannot  speak  with  any  certainty  as  to  the  use 
to  which  it  may  be  applied.    The  gun  is  rifled,  and  I  should  say  at  the  most  not  more 
than  a  12-pounder  gun.    From  the  form  and  construction  of  the  carriage  I  consider  it 
just  feasible  that  the  gun  might  be  used  for  naval  purposes. 
I  have,  &c, 
(Signed)  E.  ALMON. 


308  TREATY    OF   WASHINGTON. 

[Inclosure  21  in  No  2.] 
Opinion  of  the  attorney-general. 

I  have  perused  the  accompanying  papers,  and  advise  that  the  permission  asked  for 
by  the  agents  of  the  vessel  to  land  the  cargo  be  granted.  This  will,  at  any  rate,  pre- 
vent the  vessel  from  leaving  this  port  with  munitions  of  war  on  board. 

(Signed)  G.  C.  ANDERSON. 


Copy  sent  to  the  receiver-general  for  his  information  and  guidance  with  reference 
to  his  second  report  and  the  letters  of  the  officer  commanding  the  royal  artillery  rela- 
tive to  the  gun  found  on  board  of  the  Mary,  late  Alexandra. 

(Signed)  ,  C.  R.  NESBITT. 

December  8,  1864. 


[Inclosure  22  in  No.  2.] 

Colonel  Moffat  to  Lieutenant-Governor  Nesbitt. 

i 
Brigade  Office,  Nassau,  December  8,  1864. 

Sir  :  At  the  request  of  the  officer  commanding  the  royal  artillery,  I  have  the  honor 
to  forward  the  inclosed  letter  in  reference  to  his  report  made  this  day,  after  visiting 
the  steamer  Mary,  in  compliance  with  instructions  from  the  colonial  government. 

I  have,  &c, 

(Signed)  ROWLAND  MOFFAT. 


[237]  *  [Inclosure  23  in»No.  2.] 

Lieutenant  Almon,  B.  A.,  to  Colonel  Moffat. 

Royal  Artillery  Office, 

Nassau,  December  8,  1864. 
Sir:  With  respect  to  ray  report  of  this  day's  date,  concerning  the  gun  on  board  the 
steamer  Mary,  I  have  the  honor  to  inform  you  that  although — and  at  your  order — I 
have  given  my  opinion  concerning  it,  I  nevertheless  do  not  consider  that  any  reliance 
can  be  placed  on  this  opinion,  as  none  but  a  Htaval  officer  is  capable  of  giving  any 
opinion  on  the  Y>oints  proposed  to  me. 
I  have,  &c, 
(Signed)  E.  ALMON. 


[Inclosure  24  in  No.  2.] 

Mr.  Kirkpatrick  to  Lieutenant-Governor  Nesbitt. 

United  States  Consulate, 

Nassau,  Decenibcr  8,  18G4. 

Sir  :  Your  favor  of  the  6th  instant  was  received  yesterday,  in  answer  to  mine  of  the 
same  day,  in  which  you  give  the  details  of  your  action  and  instructions  to  the  receiver- 
general,  as  regards  the  search  and  seizure  of  tho  Mary,  late  Alexandra,  with  your 
final  action,  and  that  of  the  attorney-general  upon  receiving  a  second  report  from  the 
receiver-general. 

I  deeply  regret  that  what  was  so  auspiciously  began  and  followed  up,  by  finding  tho 
articles  on  board  of  her,  and  which  proved  her  to  be,  to  all  intents  and  purposes,  an 
armed  ship  for  an  unlawful  x>urpose,  should  be  thus  hastily  disposed  of.  In  your  letter 
you  state  that  the  attorney-general  says  in  his  report  to  you,  "  that  had  that  gun 
found  by  the  receiver-general  been  one  which  could  have  been  used  on  board  the 
Mary,"  &c.  May  I  ask  your  excellency  (for  I  have  not  seen  either  report)  who  decided 
that  it  was  not  a  gun  that  could  be  used  at  sea  for  such  a  vessel  ?  I  aver  that  it  was  such 
a  gun,  and  even  if  only  a  field-gun,  it  was  just  as  effective  for  her  purpose  in  bringing- 
to  unfortunate  merchant- vessels  as  any  other,  and  to  be  used  for  firing  from  her  deck 
over  her  bulwarks,  which  are  extremely  low,  as  shown  in  evidence  upon  her  trial  for 


BRITISH    CASE    AND    PAPERS.  309 

breach  of  neutrality  in  England.  That  I  further  aver  that  more  guns  can  be  found, 
or  could  have  been,  than  the  one  spoken  of;  that  shell,  muskets,  and  a  large  quantity 
of  hammocks  were  iouud;  that  one  of  the  other  guns  had  the  carriage  complete;  and 
I  understand  that  three  other  brass  rifled-guus  were  found,  or  were  on  board.  No  one 
pretendS  that  this  vessel  is  fit  for,  or  intended  for,  any  other  purpose  than  what  I 
have  pointed  out.  I  regret  the  haste  in  deciding  this  matter,  the  more  that  I  have 
every  reason  to  believe  that  your  excellency  has  been  led  into  an  unintentional  error 
as  to  the  search  and  the  articles  found,  and  other  evidence  which  could  have  been 
obtained  of  persons  in  this  city  asking  men  to  ship  on  this  vessel ;  and  when  asking  for 
what  place  or  purpose,  the  answer  is  for  a  "cruise."  Can  any  other  than  one  construc- 
tion be  put  upon  such  language  when  applied  to  her  ?  I  have  every  reason  to  believe, 
and  I  do  believe,  that  when  it  became  known  that  she  would  probably  be  searched, 
that  her  consignees  were  apprised  of  it,  and  changes  were  made  or  suggested  to  meet 
this  state  of  things.  That  that  gun  found  was  mounted  upon  her  deck,  covered  over 
with  a  box,  on  Monday  and  up  to  the  time  above  indicated  ;  that  it  was  then  hoisted 
over  her  side  into  a  boat,  and  placed  in  her  hold,  when  it  was  found;  but  it  appears 
she  is  to  be  released  upon  landing  this  gun  and  shell,  and  with  the  precaution  that 
some  one  is  to  be  kept  on  board  of  her  while  here.  Why  land  the  gun  and  shell  if  all 
is  right,  and  she  is  released  ?  If  they  are  freight,  as  alleged,  then  they  are  legiti- 
mately there,  according  to  decision.  Does  it  not  amount  to  this  :  we  believe  you  to 
be  guilty,  but  we  will  release  you  if  you  will  consent  to  land  this  gun  and  shell. 
You  can  keep  your  other  guns,  keep  your  muskets,  keep  the  large  amount  of  ham- 
mocks, and  other  articles  used  only  for  warlike  purposes,  and  go  upon  your  errand  of 
destruction.  If  these  articles  are  freight  and  are  to  be  removed,  why  was  this  course 
not  taken  with  other  steamers — the  Hope,  Caroline,  Colonel  Lamb,  Laurel,  and  others, 
who,  it  was  known,  had  guns  and  munitions  of  war  on  board  ?  If  they,  like  this,  are 
deemed  not  freight,  I  submit  a  different  course  should  have  been  taken.  Is  the  other 
gun,  with  its  carriage-slides  and  bolts,  ready  to  be  placed  in  position,  less  contraband 
than  the  one  to  come  on  shore  ?     Like  the  Oreto,  she  may  go  to  some  friendly  island 

and  equip  more  fully,  as  is  understood  she  is  to  do. 
[258]       *I  did  not  intend  in  this  communication  to  discuss  the  questions  involved.     I 

shall  leave  that  in  abler  hands  than  mine.  I  shall  submit  the  whole  case  to 
my  Government,  with  such  further  evidence  as  I  may  have,  or  be  able  to  pro- 
cure. I  simply  protest  against  the  hasty  action  based  upon  a  partially  revealed  state 
of  facts.  Whatever  may  he  the  result,  I  feel  that  it  is  through  no  act  of  mine.  I  have 
earnestly  endeavored  to  cherish  and  maintain  the  friendly  existing  relations  between 
the  two  countries,  and  desired,  as  the  receiver-general  knows,  that  all  these  cases  should 
be  inquired  into  in  a  quiet  way  by  the  colonial  authorities  themselves,  in  order  to 
avoid,  as  far  as  possible,  those  irritations  which  will,  sometimes  from  slight  causes,  pro- 
duce misunderstandings.  And  it  was  not  until  I  saw  that  the  merchants  of  my  country 
were  in  great  danger  of  having  their  property  on  the  seas  destroyed  by  this  piratical 
vessel,  that  I  deemed  it  my  duty  to  draw  your  excellency's  attention  to  it. 

I  have,  &c, 

(Signed)  THOMAS  KIRKPATRICK. 


[Inclosure  25  in  ~So.  2.] 

Lieutenant-Governor  Xesbitt  to  Mr.  Kirlqmtriclc. 

Government  House,  Nassau,  December  9, 1864. 
Sill :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  8th  instant. 
As  it  would  be  inconvenient  and  irregular  to  enter  into  a  discussion  on  the  propriety 
of  the  course  of  action  which  I  have  adopted  in  the  matter  referred  to  in  your  letter,  I 
must  beg  to  decline  doing  so. 

At  the  same  time  I  beg  to  assure  you  that  if  you  are  in  possession  of  any  .evidence 
tending  to  show  that  any  violation  of  the'  municipal  law  has  taken  place  in  respect  to 
the  steamer  Mary,  late  Alexandra,  and  will  submit  to  me  your  proofs  for  consideration, 
prompt  measures  will  be  taken  to  vindicate  the  law,  should  such  proofs  be  of  a  nature 
to  justify  the  adoption  of  proceedings,  either  for  the  arrest  of  the  vessel,  or  the  prose- 
cution of  any  party  or  parties  who  may  be  indicated  by  you. 
I  have,  &c, 
(Signed)  C.  R.  NESBITT. 


310  TREATY    OF    WASHINGTON. 

[Inclosure  2fi  in  No.  2.] 

Governor  Rawson  to  Mr.  Cardwell. 

Government  House,  Nassau,  December  14, 1864. 
Sir  :  I  have  the  honor  to  report  that  yesterday,  with  the  entire  concurrence  of  my 
attorney- general,  I  ordered  the  seizure  of  the  British  steamer  Mary,  late  the  Alexandra, 
for  a  violation  of  the  foreign-enlistment  act. 

2.  The  late  lieutenant-governor's  dispatches,  dated  the  7th  and  8th  instant,  contain 
the  commencement  of  a  correspondence  with  the  United  States  consul  at  this  port, 
who  had  represented  that  the  above  steamer,  which  arrived  in  this  harbor  on  the  29th 
ultimo,  had  guns  and  munitions  of  war  on  hoard,  and  was  intended  for  warlike  pur- 
poses, with  a  view  to  destroying  the  merchant- vessels  of  the  United  States.  I  annex 
to  this  dispatch  the  further  correspondence  up,  I  hope,  to  its  conclusion. 

3.  On  the  morning  after  my  arrival  the  attorney-general  placed  in  my  hands  a  letter 
from  the  United  States  consul,  received  on  the  previous  day,  which  had  been  referred 
to  him  by  the  lieutenant-governor,  and  informed  me  that  after  having  considered  it, 
and  communicated  personally  with  the  consul,  he  was  of  opinion  that  he  could  not 
take  action  in  the  case  upon  such  information  as  the  consul  had  given,  or  was  prepared 
(as  far  as  he  could  learn  from  him)  to  give.  I  requested  him  to  furnish  me  with  this 
opinion  in  writing,  and  I  procured  the  previous  correspondence  from  the  colonial  secre- 
tary, which  has  already  been  transmitted  to  you.  I  also  communicated  with  the 
receiver-general,  from  whom  I  learned  certain  particulars  not  referred  to  in  his  reports, 
or  made  known  to  the  attorney-general,  and  the  important  fact  that  his  search  had 
not  been  complete ;  that  certain  packages  seen  in  the  fore-hold  had  not  been  examined 
or  displaced,  and  that  he  could  not  answer  for  their  contents. 

4.  I  therefore  ordered  the  packages  to  be  landed,  opened,  and  examined,  and  I  lost 

no  time  in  perusing  the  printed  records  of  the  proceedings  in  the  English 
[259]  courts  ^respecting  the  seizure  of  this  vessel,  which  have  assisted  me  greatly  in 
coming  to  a  decision  upon  the  present  occasion. 

5.  The  next  morning  the  packages  were  examined  and  the  receiver-general  reported 
to  me  their  contents.  The  attorney-general,  when  he  was  informed  of  this  discovery, 
agreed  with  me,  and  the  colonial  secretary  concurred  in  the  opinion,  that  no  time 
should  be  lost  in  seizing  the  vessel  and  her  discharged  cargo,  and  in  putting  officers  of 
customs  on  board,  with  a  guard,  which  was  furnished  by  the  military  authorities,  as 
there  is  not  any  ship  of  war  in  the  harbor.  The  vessel  has  since  been  moved  down  to 
the  ordnance  warf,  where  she  lies,  in  charge  of  the  customs,  and  within  hail  of  the 
military. 

6.  I  will  now  enumerate  the  ascertained  grounds  of  suspicion  against  this  vessel : 
1st.  Upon  the  first  search  a  rifled  12-pounder  gun,  with  carriage,  &c,  complete,  was 

found  in  the  aft-hold.  It  is  stamped  with  the  names  of  Fawcett,  Preston  &  Co.,  the 
parties  concerned  in  the  action  prosecuted  in  England. 

2d.  This  gun  was,  as  stated  by  the  United  States  consul  in  his  letter  of  the  8th  in- 
stant, removed  immediately  before  the  search  of  the  vessel,  put  overboard  into  a  boat, 
and  placed  in  the  after-hold.  There  is  little  doubt  that  the  agents  had  become  aware 
of  the  consul  having  obtained  information,  and  made  some  representation  to  the  gov- 
ernment. I  am  assured  that  it  is  impossible  they  could  have  been  aware  of  the  inten- 
tion to  search  the  vessel,  as  this  was  acted  upon  by  the  receiver-general  himself,  as 
soon  as  it  was  directed  by  the  lieutenant-governor. 

3d.  A  bale  of  sixty  hammocks  was  found,  which  the  agents  state  are  not  part  of  the 
cargo,  and  which  have  been  lately  opened  and  aired,  as  if  required  for  early  use.  The 
Alexandra  is  reported  to  have  had  stowage  for  a  crew  of  thirty -two  men ;  thirty-one 
were  discharged  here  on  her  arrival.  Since  then,  and  ever  since  the  first  search 
was  made,  carpenters  have  been  on  board  preparing  an  additional  number  of  berths,  at 
least  twenty,  of  which  four  are  for  officers. 

4th.  A  case  of  handles  for  screws  to  open  the  side-lights,  which  are  at  present 
closed,  and  covered  over  outside  with  metal,  has  been  found. 

5th.  Among  the  cases  opened  this  morning  are: 

One  of  shells. 

One  of  grape-shot. 

One  of  drugs  and  lint. 

One  of  scrubbing-brushes,  tin  cans,  &c. 

Three  of  iron  racks  for  hammocks,  for  which  fittings  are  let  into  the  bulwarks,  as 
noticed  on  the  trial. 

One  of  small  brass  wheels,  apparently  for  working  the  screw  of  a  gun. 

One  of  confederate  flags  and  boat  ensigns  and  pennants,  log  lines,  &c. 

One  of  private  effects,  belonging  to  Mr.  J.  R.  Hamilton,  whose  cards  are  in  it,  styling 
him  a  lieutenant  of  the  Confederate  States  navy,  and  vftiich  contains  military  and 
naval  books  relating  to  the  confederate  service,  log-books,  ledgers,  naval  printed  forms, 
charts,  a  case  of  surgical  instruments,  forty-eight  packages  of  tourniquets,  one  blank 


BRITISH    CASE    AND    PAPERS.  311 

commission  of  the  Confederate  States,  &c.     This  is  doubtless  the  Mr.  Hamilton  re- 
ferred to  by  Her  Majesty's  attorney-general  on  the  trial  in  England. 

6th.  All  the  above  packages  were  placed  iu  the  fore-hold,  under  a  number  of  cases  of 
wine  and  brandy,  which  concealed  them,  and  misled  the  receiver-general  on  his  first 
visit.    . 

7th.  They  were  taken  on  board  at  Bermuda  as  ordinary  merchandise. 

8th.  I  have  as  yet  no  evidence  in  confirmation  of  the  statement  of  the  Uuited  States 
consul  that  the  parties  interested  in  this  vessel  have  been  endeavoring  to  enlist  sea- 
men for  a  "  cruise,"  or  giving  bounties  to  obtain  such  seamen. 

9th.  But  it  appears  to  me  that  the  facts  above  detailed  furnish  sufficient  proof  of 
the  character  of  the  vessel,  and  of  the  intentions  of  the  parties  having  control  over  her. 
Referring  to  the  ruling  of  the  courts  in  the  case  of  the  Alexandra,  I  find  that  all  that 
was  judged  to  be  wanting  on  the  former  occasion  to  i^rove  the  case  of  the  Crown  is  pres- 
ent on  this,  and  that  all  which  the  lord  chief  baron  pointed  out  as  necessary  to  con- 
stitute a  violation  of  the  foreign-enlistment  act  is  now  present. 

10th.  It  is  unnecessary  to  recapitulate  the  evidence  of  the  unfitness  of  the  Alexandra, 
when  seized,  for  commercial  purposes,  and  of  her  adaptation  for  warlike  objects.  The 
receiver-general  states  that  she  is  still  in  the  same  condition  ;  that  she  is  not  adapted 
to  carry  cargo,  to  be  employed  as  a  blockade-runner,  or  to  be  used  in  these  seas  for  any 
peaceable  purpose. 

11th.  The  Alexandra  was  not  armed,  but  the  Mary  has  taken  on  board  at 
[260]  ^Bermuda,  with  apparent  attempts  at  concealment  in  this  port,  a  gun,  shell, 
grape-shot,  hammocks,  racks  for  hammock-nettings,  and  other  articles  of  a  war- 
like character,  with  instruments  for  opening  her  side-lights,  and  so  fitting  and  arming 
her.  In  this  port  she  has  been  further  fitted  out  by  the  preparation  of  additional  sleep- 
ing-places, apparently  for  a  larger  number  of  men  than  she  could  require  for  com- 
mercial purposes,  and  of  a  description  not  suited  for  passengers. 

12th.  All  these  arms,  munitions,  and  fittings,  the  medical  apparatus,  and  the  flags 
and  papers  of  the  Confederate  States,  prove  the  warlike  character  of  the  equipment, 
and  the  intent  to  employ  the  vessel  to  cruise  and  commit  hostilities  ;  while  the  nation- 
ality of  the  flags  and  papers,  the  contents  of  Lieutenant  Hamilton's  box,  and  the 
presence  of  the  vessel  in  these  waters,  indicate  the  service  in  which  she  was  about 
to  engage. 

13th.  I  trust,  therefore,  that  what  I  have  done  will  be  approved,  and  that  I  may  be 
furnished  with  instructions  as  to  my  further  proceedings.  I  inclose  the  attorney-gen- 
eral's report  as  to  the  legal  measures  which  he  proposes  to  adopt,  (see  inclosure  No.  9,) 
and  I  would  call  your  particular  attention  to  the  concluding  paragraph  of  it,  in  which 
he  requests  the  advice  and  assistance  of  Her  Majesty's  law-advisers  in  this  important 
and  delicate  matter. 

14th.  I  shall  write  to  Her  Majesty's  minister  at  Washington,  informing  him  of  the 
seizure,  and  to  the  vice-admiral  at  Halifax,  acquainting  him  with  my  proceedings,  and 
requesting  him  to  send  a  ship  of  war  to  this  port  without  delay,  to  hold  possession  of 
the  vessel,  and  to  be  prepared  to  remove  her  if  she  should  be  condemned,  or  to  adopt 
such  other  steps  as  Her  Majesty's  government  may  direct ;  and  I  would  take  this 
opportunity  of  urging  most  strongly  on  Her  Majesty's  government  the  necessity  for 
having  a  ship  of  war  constantly  stationed  in  this  harbor  during  the  continuance  of  the 
present  war  on  the  neighboring  continent. 
I  have,  &c, 
(Signed)  RAWSON  W.  RAWSON. 


[Inclosure  27  in  No.  2.1 

Mr.  Kirkjpatriclc  to  Lieutenant-Governor  Nesbitt. 

United  States  Consulate, 

Nassau,  December  9,  1864. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  favor  of  this  day's  date. 
You  say,  "  that  if  I  have  any  evidence  tending  to  show  that  any  violation  of  the 
municipal  law  has  taken  place  in  respect  to  the  steamer  Mary,  late  Alexandra,  and 
will  submit  to  me  (you)  your  proofs  for  consideration,  prompt  measures  will  be  taken 
to  vindicate  the  law,  should  such  proofs  be  of  a  nature  to  justify  the  adoption  of  pro- 
ceedings, either  for  the  arrest  of  the  vessel  or  the  prosecution  of  any  party  or  parties 
who  may  be  indicated  by  you,"  &c. 

I  thank  your  excellency  for  the  offer  made,  and  if  you  would  indicate  what  additional 
evidence  is  required  I  would  respectfully  consider  what  my  duty  should  be  in  regard  to 
it.  I  have  no  power  to  compel  the  attendance  of  witnesses  to  give  evidence,  even  if  it 
was  proper  for  me  to  do  so.  My  information  comes  to  me  in  most  cases  strictly  con- 
fidential, or  from  parties  who,  if  known,  would  be  ruined  in  their  business ;  some  of 


312  TREATY    OF    WASHINGTON. 

-whom  may  be  getting  their  livelihood  from  parties  interested  in  these  very  violations 
spoken  of.  Should  I  be  called  upon  to  furnish  proof  of  the  violation  of  the  municipal 
laws  of  this  colony?  Should  it  not  rather  be  the  duty  of  some  one  in  some  department 
of  the  government  to  obtain  information  as  to  the  vindication  of  their  own  law  ?  Never- 
theless, if  such  officer  as  you  may  indicate  will  call  upon  me,  I  will  furnish  him  the 
names  of  j)arties,  confidentially,  who  may  be  able  to  put  the  officers  in  possession  of  in- 
formation. But  I  still  think  that  sufficient  evidence  will  be  furnished  by  the  search, 
if  completed,  of  the  vessel  to  more  than  sustain  what  the  law-officer,  the  honorable 
attorney-general,  thought  to  be  sufficient,  taken  in  connection  with  the  known  charac- 
ter and  purposes  of  the  vessel  in  question. 

I  have,  &c, 

(Signed)  THOMAS  KIRKPATRICK. 


[  261  ]  *fInclosure  28  in  No.  2  1 

Mr.  Dumaresq  to  Governor  Eavfson. 
[Immediate.] 

Receiver-General's  Office, 

December  13,  1864 — 1  p.  m. 

Sir  :  I  have  the  honor  to  report,  for  your  excellency's  information,  that  this  morning, 
immediately  on  the  landing  of  the  cargo,  ex-Mary,  late  Alexandra,  I  directed  all  the 
packages  to  be  opened  in  my  presence,  and  found  the  marks,  numbers,  and  contents  of 
each  to  be  as  follows  : 

PH.  1  cask,  containing  scrubbing-brushes,  tin  cans,  &c. 

JRi.  2  cases,  containing  iron  hammock-racks. 

JR  3.  1  case  of  ditto ;  and  handles  for  screws  of  side-lights. 

OC.  1  case  containing  a  gun  and  carriage,  with  appurtenances  complete,  designed  by 
Messrs.  Fawcett,  Preston  &  Co.,  of  Liverpool,  with  flat  iron  tray  or  slide  for  the  gun 
and  body  of  carriage  to  traverse  on ;  this  gun  is  the  subject  of  a  former  report. 

OC  2.  1  case  containing  shell. 

OC  3.  1  case  of  grape-shot. 

TRH  3.  1  case  containing  six  trap-wheels,  about  6  inches  in  diameter,  aj)parently 
handles  such  as  are  used  for  working  the  screw  of  a  gun. 

TRH|2.  2  cases  of  stationery. 

HH  2.  1  case  containing  confederate  flags,  viz,  ship  and  boat  ensigns,  and  pennants  ; 
log-line  bolts  of  canvas,  &c. 

iSDH  2.  1  case  of  drugs,  lint,  &c. 

TRN.  1  case  of  private  effects,  consisting  of  military  and  naval  books  in  relation  to 
the  confederate  service,  having  the  name  of  Hamilton  on  the  fly-leaves;  48  packages 
of  tourniquets;  1  blank  confederate  commission;  charts;  a  case  of  surgical  instru- 
ments, &c. ;  1  bundle  of  hammocks,  about  sixty,  (partially  examined.)  Also  2  small 
iron  carronades  and  carriages,  (belonging  to  ship.) 

With  reference  to  the  cases  marked  JR,  1  to  3,  I  have  respectfully  to  state  that  the 
hammock-racks  are  all  of  a  size,  and  that  I  have  had  one  of  them  placed  in  the  staples 
on  the  bulwarks  of  the  Mary,  which  it  exactly  fits. 

It  is  my  duty  further  to  add  that  since  the  date  of  my  last  report  of  the  7th  instant, 
four  new  berths  have  been  completed  in  the  after-hold,  where  the  gun  and  carriage 
above  referred  to  were  found  ;  and  sixteen  additional  ones  in  the  forecastle  ;  so  that, 
independent  of  the  after-deck  berths  for  the  officers  of  the  ship,  she  has  now  thirty- 
two  berths  for  seamen,  besides  the  sixty  hammocks. 
I  have,  &c, 
(Signed)  JOHN  D'A.  DUMARESQ. 


llnclosure  29  in  No.  2.] 

The  attorney- general  to  Governor  Bawson. 

Attorney-General's  Office, 

Nassau,  December  13,  1864. 
May  it  please  your  excellency  : 

Having  considered  the  verbal  report  made  by  the  receiver-general  in  the  presence  of 
your  excellency,  the  colonial  secretary,  and  myself,  at  your  excellency's  office  this  day, 
of  the  result  of  his  search  of  the  steamship  Mary,  late  Alexandra,  I  am  of  opinion  that 
the  various  articles  found  on  board  of  her,  combined  with  the  alterations  which  hive 
been  made  in  the  vessel  since  her  arrival  at  this  port,  are  so  strongly  indicative  of  an 


BRITISH    CASE    AND    PAPERS.  '  313 

intention  on  the  part  of  the  persons  having  charge  of  her  to  equip  and  arm  her  for 
warlike  purposes,  that  she  ought  not  to  be  allowed  to  quit  the  port  without  a 
thorough  legal  investigation  having  been  made  iuto  the  circumstances  connected  with 
her,  ami  I  therefore  advise  that  the  receiver-general,  as  the  chief  revenue  officer  of  the 
colony,  be  instructed  at  once  to  seiza  her,  on  the  ground  that  the  master  and  other 
persons  having.control  over  her  have  equipped  and  armed  her,  or  have  attempted  to 
equip  and  arm'  her,  in  contravention  of  the  statute  59,  Geo.  Ill,  cap.  69,  commonly 
known  as  the  foreign-enlistmeut  act. 

I  also  advise  that  the  several  articles  fouud  by  the  receiver-general,  and  considered 
as  denoting  the  warlike  character  of  the  vessel,  be  taken  possession  of  by  that  officer, 
and  retained  in  safe  custody,  to  abide  the  result  of  the  legal  proceedings  to  be  insti- 
tuted in  the  case. 

In  giving  the  foregoing  advice  I  am  aware  that  the  case  is  surrounded  with 
[262]  some  *  difficulties,  and  that  the  possibility  of  the  result  of  legal  proceedings  may 

be  adverse  to  the  course  advised  by  me,  but  considering  the  character  of  the 
vessel,  and  the  suspicious  nature  of  the  articles  found  on  board  of  her,  and  of  the 
alterations  recently  made  in  her,  I  feel  bound  to  take  on  myself  the  responsibility  of 
advising  her  detention  rather  than  incur  the  risk  of  allowing  her  to  quit  this  port, 
with  the  probability  or,  at  any  rate,  the  possibility,  of  her  being  immediately  con- 
verted into  an  engine  for  destroying  the  commerce  of  a  friendly  nation. 
I  submit  the  foregoing  to  your  excellency's  consideration,  and  have,  &c. 

(Signed)  G.  C.  ANDERSON. 


[In  closure  30  in  ]STo.  2.1 

Mr.  Dumaresq  to  Governor  Rawson. 

Receiver-General's  Office, 
Nassau,  New  Providence,  December  13,  1864 — 2  p.  m. 
Sir  :  I  havi  the  honor  to  report  that,  in  obedience  to  your  excellency's  instruction,  I 
have  seized  the   steamer  Mary,  late  Alexandra,  now  at  anchor  in  the  harbor,  and  have 
placed  her  in  charge  of  two  officers  of  this  department. 
I  have,  &c, 
(Signed)  JOHN  D'A.  DUMARESQ, 

Receiver-General. 


[In closure  31  in  No.  2.] 
Mr.  Dumaresq  to  Governor  Raivson. 

Receiver-General's  Office, 
Nassau,  New  Providence,  December  14,  1864 — 2  p.  m. 
Sir  :  I  have  the  honor  to  report  that  114  is  the  number  of  the  gun  found  on  board 
the  Mary,  late  Alexandra,  and  that  the  case  marked  T.  R.  H.,  referred  to  in  my  letter 
of  yesterday's  date,  (1  p.  m.,)  has  been  further  examined,  and  resulting  in  the  rinding 
of  log-books,  ledgers,  small  accouut-books,  and  naval  printed  forms  as  per  accompany- 
ing specimens ;  also  a  packet  of  visting-cards  bearing  the  name  of  Mr.  J.  R.  Hamilton, 
lieutenant,  Confederate  States  navy,  one  of  which  I  inclose. 
I  have,  &c, 
(Signed)  JOHN    D'A.  DUMARESQ. 


Copy  of  card. 
Mr.  J.  R.  Hamilton, 

Lieutenant,  C.  S.  Navy. 


314 


TREATY    OF   WASHINGTON. 


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BRITISH    CASE    AND    PAPERS. 
*  [Inclosure  33  in  No.  2.] 
List  of  clothing. 


315 


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316  TREATY    OF    WASHINGTON. 

[265]  *  [In closure  35  in  !N"o.  2.] 

Lieutenant  Almon,  E.  A.,  to  Mr.  Walsh. 

Nassau,  New  Providence,  Bahamas, 

December  14,  1864. 
Result  of  an  examination  of  a  piece  of  ordnance  taken  from  steam-vessel  Mary,  at 
present  in  the  royal  artillery  gun-shed. 

The  marks  on  the  gun  are  "  Fawcett,  Preston  &  Co.,  1862,  Liverpool." 
The  numbers  on  the  gun  are,  114  on  breech,  114  on  muzzle,  and  114  on  one  trunnion. 
(Signed)  E.  ALMON. 


[Inclosure  3G  in  "No.  2.[  , 

Mr.  NesUtt  to  Mr.  Kirkpatrick. 

Colonial  Office,  Nassau,  December  13,  1864. 
Sir:  lam  directed  bj  his  excellency  the  governor  to  acknowledge  the  receipt  of 
your  letter  of  the  9th  instant,  in  reply  to  mine  of  the  same  date,  upon  the  subject  of 
your  representations  concerning  the  steamer  Mary,  late  Alexandra,  and  to  acquaint  you 
that  his  excellency  having  directed  that  the  packages  lauded  from  that  ship  should  be 
opened  and  examined,  and  having  received  further  information  regarding  the  proceed- 
ings of  the  parties  connected  with  the  vessel  which  have  satisfied  him  as  to  the  exist- 
ence of  an  intention  to  contravene  the  provisions  of  the  foreign-enlistment  act,  has 
ordered  that  she  should  be  seized,  and  that  the  matter  should  be  legally  invested. 

His  excellency  takes  this  early  opportunity  of  assuring  you  of  his  desire  and  determi- 
nation to  prevent,  as  far  as  lies  in  his  power,  any  infraction  or  evasion  of  the  British 
laws  which  may  be  attempted  to  the  detriment  of  any  friendly  power,  and  to  maintain 
that  strict  neutrality  which  his  sovereign  has  enjoined  him  to  observe  on  all  occasions 
arising  out  of  the  contest  now  going  on  in  the  States  whose  interest  you  are  appointed 
to  protect  in  this  colony. 
I  have.  &c, 
(Signed)  C.  R.  NESBITT, 

Colonial  Secretary. 


[Inclosure  37  in  !No.  2.  J 

Mr.  EirJcpatriclc  to  Mr.  Nesbiit. 

United  States  Consulate, 

Nassau,  December  14,  1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  favor  of  the  13th  instant. 
Please  inform  his  excellency  the  governor  of  the  great  pleasure  I  have  in  the  course 
pursued  by  him,  as  conveyed  to  me  through  you,  in  regard  to  the  steamer  Mary,  late 
Alexandra,  and  the  gratification  it  will  be  to  my  Government  to  find  the  sentiments 
contained  in  your  letter  carried  info  effect.  It  is  all  that  could  be  desired,  and  I  shall 
at  all  times  be  found  co-operating  with  his  excellency  in  maintaining  those  friendly 
relations  between  the  two  governments  which  do,  and  should  always,  exist  between 
them. 

I  have,  &c, 

(Signed)  THOMAS  KIRKPATRICK. 


[  Inclosure  38  in  No.  2.] 

The  attorney-general  to  Mr.  Nesbitt. 

Attornp:y-General's  Office, 

Nassau,  December  15,  1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  14th  instant, 
informing  me,  by  direction  of  his  excellency  the  governor,  of  the  seizure  of  the  steam- 
ship Mary,  kite  Alexandra,  and  instructing  me  to  take  the  necessary  steps  to 
[266]  *bring  the  case  to  an  issue,  and  to  report  as  early  as  possible  the  course  I  intended 
to  adopt,  as  regards  the  vessel  and  persons  in  charge  of  her,  in  order  that  his 
excellency  may  communicate  thereon  to  the  secretary  of  state ;  in  answer  to  which  I 


BRITISH    CASE    AND    PAPERS.  317 

have  to  state  that,  as  regards  the  vessel,  I  shall  libel  her  in  the  court  of  vice-admiralty 
as  liable  to  forfeiture  uuder  the  7th  section  of  the  foreign-enlistment  act,  59  Geo.  HI, 
cap.  69.  The  exact  form  of  the  libel  or  information  I  am  unable  at  present  to  state,  as 
it  will  necessarily  require  time  and  consideration  in  framing ;  but  I  shall  take  as  my 
guide,  so  far  as  the  difference  in  the  procedure  of  the  two  courts  will  permit,  the  pro- 
ceedings in  the  court  of  exchequer  in  the  case  of  the  Alexandra. 

2.  In  this  colony  we  have  no  common-law-court  with  a  jurisdiction  corresponding 
to  that  exercised  in  the  revenue  side  of  the  court  of  exchequer  in  England,  but  the 
court  of  vice-admiralty  has  always  exercised  jurisdiction  in  cases  of  seizures  for  breaches 
of  the  revenue,  customs,  trade  or  navigation  laws ;  and  as  by  the  section  of  the  foreign- 
enlistment  act,  before  referred  to,  it  is  provided  that  vessels  seized,  as  liable  to  forfeit- 
ure under  the  section,  may  be  prosecuted  and  condemned  in  the  like  manner  and  in 
such  courts  as  ships  or  vessels  may  be  prosecuted  and  condemned  for  any  breach  of  the 
laws  made  for  the  protection  of  the  revenue  of  customs  and  excise  or  of  the  laws  of 
trade  and  navigation,  it  follows,  I  think,  that  the  court  of  vice-admiralty  is  the  court 
having  jurisdiction  over  thejquestion  of  forfeiture  of  the  vessel  now  under  seizure. 

3.  By  this  mode  of  procedure  in  the  vice-admiralty  court,  the  entire  case,  including 
all  questions  of  fact  as  well  as  of  law,  will  be  decided  by  the  judge  without  the  inter- 
vention of  a  jury — a  circumstance  Avhich  I  consider  will  be  advantageous  to  the  proper 
decision  of  the  case,  as  it  tends  to  insure  that  the  judgment  will  be  uninfluenced  by 
any  of  those  elements  of  popular  feeling  and  prejudice  which  sometimes  mark  trial  by 
jury  in  cases  where  feelings  of  sympathy  or  favoritism  are  likely  to  be  evoked,  but 
will  be  the  result  of  calm  and  deliberate  consideration  on  the  part  of  a  high  judicial 
functionary. 

4.  With  respect  to  the  persons  in  charge  of  the  vessel,  it  is  not  my  intention  at  pre- 
sent to  institute  any  proceedings  against  them,  except  so  far  as  they  may  be  named"  in, 
or  connected  with,  the  proceedings  against  the  vessel,  as  I  am  of  opinion  that  the  insti- 
tution of  criminal  proceedings  during  the  pendency  of  the  procedings  in  rem  against 
the  vessel,  would  tend  to  embarrass  me  in  undertaking  the  latter. 

5.  In  conclusion,  I  beg  to  say  that  I  shall  feel  it  a  great  relief  of  the  responsibility 
resting  on  me  in  this  important  case,  if  his  excellency  can  procure  for  me  the  advice  of 
the  law-officers  of  the  Crown  in  England,  to  aid  me  in  the  prosecution  of  the  case, 
which,  I  apprehend,  must  necessarily  be  pending  for  a  length  of  time  amply  sufficient 
to  enable  me  to  benefit  from  any  advice  or  suggestions  which  may  be  sent  from  Eng- 
land. 

I  have,  &c, 

(Signed)  G.  C.  ANDERSON. 


[Inclosure  39  in  Xo.  2.  J 

Governor  Baivson  to  Mr.  Cardivell 

Government  House,  Nfissau,  December  16,  1864. 
Sir  :  With  reference  to  the  legal  proceedings  about  to  be  instituted  in  this  colony  in 
relation  to  the  steamer  Mary,  and  to  the  attorney-general's  letter  of  the  15th  instant, 
which  forms  one  of  the  inclosures  to  my  dispatch, of  the  14th  instant,  I  have  the  honor 
to  forward  copy  of  a  further  letter  from  the  same  officer,  in  which  he  enumerates  the 
facts  upon  which  he  has  advised  the  arrest  of  that  vessel,  and  explains  certain  points 
upon  which  he  would  be  glad  to  receive  the  advice  and  instruction  of  Her  Majesty's 
law-advisers. 

2.  I  would  take  the  same  opportunity  of  requesting  instructions,  or  advice,  with  re- 
gard to  the  course  which  should  be  adopted,  in  the  event  of  the  court  deciding  that  the 
foreign-enlistment  act  has  not  been  violated,  or  that  the  seizure  is  not  good,  and 
whether  and  under  what  circumstances  notice  of  an  appeal  should  be  entered. 

3.  I  am  sensible  of  the  possible  difficulty  of  giving  such  instructions  or  advice,  but 
the  importance  of  the  case,  and  the  delay  which  must  occur  in  communicating  with 
Her  Majesty's  government,  induce  me  fcb  endeavor  to  anticipate  every  contingency 
which  I  can  foresee. 

I  have,  &c, 

(Signed)  RAWSON  W.  RAWSON. 

L267]  *P.  S—  I  have  since  ascertained  from  the  attorney-general  that  he  will  not  bring 
the  case  into  court  until  after  the  first  week  of  February,  by  which  time  the  Jan- 
uary mail  from  England  will  have  reached  this  colony  ;  and  that  if  he  does  not  receive 
any  instructions  or  advice  by  that  mail,  (for  which  "there  will  scarcely  be  time,)  or  it 
such  assistance  may  be  expected  by  the  mail  of  the  following  month  lie  will  defer  his 
proceedings  until  after  the  arrival  of  that— the  February  mail. 

R.  W.  R, 


318         ,  TREATY    OF    WASHINGTON. 

[  Incloaure  40  in  No.  2.1 
The  attorney-general  to  Mr.  Nesbitt. 

Attorney-General's  Office, 
\  Nassau,  December  16,  1864. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  15th  instant, 
and,  availing  myself  of  the  permission  of  his  excellency  the  governor,  I  have  the  honor 
t<«  submit  the  following  for  his  consideration  : 

2.  In  advising  the  arrest  of  the  Mary,  I  was  influenced  by  the  facts  after  stated. 

First.  The  construction  of  the  vessel,  which,  taking  it  as  described  in  the  proceed- 
ings in  the  court  of  exchequer,  is  in  no  way  adapted  for  commercial  purposes,  but  is 
such  as  renders  her  easily  convertible  into  a  vessel  of  war. 

Secondly.  That  being  so  constructed,  there  were  found  on  board  of  her  various  muni- 
tions of  war,  and  other  equipments,  suitable  for  fitting  up  and  furnishing  her  as  a 
war-vessel.  '<  ^ 

Thirdly.  That  among  the  articles  so  found  on  board  of  her,  there  were  flags  and 
papers  leading  to  the  conclusion  that,  if  employed  as  a  war-vessel,  such  employment 
would  be  in  the  service  of  the  Confederate  States. 

Fourthly.  And  that  assuming  that  the  foregoing  to  constitute2?nma-/acie  evidence  of 
the  character  and  intended  employment  of  the  vessel,  the  fitting  up  of  berths  in  her 
since  her  arrival  here,  was  an  over  act,  constituting  an  equipment,  furnishing,  or  fitting 
out,  or  an  attempt  to  equip,  furnish,  or  fit  out,  in  contravention  of  the  foreign-enlist- 
ment act,  committed  within  the  jurisdiction  of  our  local  courts. 

3.  In  addition  to  the  foregoing,  there  is  another  possible  ingredient  of  proof,  namely, 
the  shipping,  or  attempting  to  ship,  a  crew  for  the  vessel  here,  as  asserted  by  the  United 
States  consul,  but  as  yet  I  am  not  in  possession  of  any  evidence  on  the  point ;  and 
assuming  the  case  to  come  to  trial  without  any  proof  in  that  particular,  the  liability 
of  the  vessel  to  condemnation  will  rest  on  her  adaptability  for  warlike  purposes,  the 
nature  of  the  articles  found  on  board  of  her  as  evidencing  an  intention  to  employ  her 
as  a  vessel  of  war,  and  the  fitting  up  berths  for  an  increased  number  of  men  after  her 
arrival  here. 

4.  The  first  point  on  which  I  am  desirous  of  obtaining  advice  is,  whether  the 
grounds  so  taken  by  me  will  be  sufficient,  supposing  I  am  unable  to  carry  the  case 
further,  to  warrant  the  condemnation  of  the  vessel. 

5.  Again,  in  the  case  of  the  Oreto,  the  then  judge  of  the  admiralty,  Mr.  Lees,  refused 
to  allow  evidence  to  be  given  of  any  acts  done  before  the  vessel  arrived  within  the 
limits  of  the  colony,  except  so  far  as  they  might  explain  acts  subsequently  per- 
formed within  the  colony,  holding  that  the  condemnation  of  the  vessel  could  only  be 
sustained  by  establishing  an  equipment,  furnishing,  &c,  or  an  attempt  to  equip,  &c, 
within  the  Bahama  Islands.  If  this  ruling  is  followed  in  the  present  case,  the  Crown 
will  be  debarred  from  giving  evidence,  supposing  it  susceptible  of  being  procured 
of  any  overt  act,  however  clearly  demonstrative  of  a  violation  of  law  occurring  at 
Bermuda,  or  elsewhere  »ut  of  this  colony,  and  I  should  very  much  like  to  ascertain 
the  opinion  of  the  law-officers  of  the  Crown  in  England  on  the  correctness  of  such 
ruling. 

6.  1  am  not  aware  of  any  other  point  in  the  case  calling  for  particular  notice ;  and 
I  will  therefore  only  add  that,  feeling  the  great  importance  of  the  case,  I  am  most 
anxious  to  have  advice  and  instructions,  not  only  in  the  particulars  before  mentioned, 
but  generally  on  any  question  on  which  it  may  appear  to  the  law-officers  of  the 
Crown  expedient  that  I  should  be  advised  or  instructed  on. 

I  have,  &c, 

(Signed)  G.  C.  ANDERSON. 


[•268]  *[Inclosure  41  in  No.  2.1 

•  Governor  Raivson  to  Mr.  Cardivell. 

Government  House,  Nassau,  December  17,  1854. 
Sir:  I  have  the  honor  to  inclose,  for  your  information,  a  copy  of  a  letter  in  which  I 
communicated  to  Her  Majesty's  charge"  d'affaires  at  Washington  the  seizure  of  the 
British  steamer  Mary,  late  Alexandra,  which  forms  the  subject  of  my  dispatch  of  the 
13th  instant. 

(Signed)  RAWSON  W.  RAWSON. 


BRITISH    CASE    AND    PAPERS.  319 

[Inclosure  42  in  No.  2.] 
Governor  Baivson  to  Mr.  Burnley. 

Government  House,  Nassau,  December  15,  1864. 

Sir  :  I  take  the  earliest  opportunity  of  informing  you  that,  on  the  13th  instant,  the 
British  steamer  Mary,  formerly  the  Alexandra,  ram,  was  seized  in  this  port  by  my 
orders,  for  a  violation  of  the  seventh  clause  of  the  foreign-enlistment  act. 

Before  my  arrival  here,  on  the  9th  instant,  the  United  States  consul  had  called  the 
attention  of  this  government  to  the  existence  of  guns  and  munitions  of  war  on  board 
of  this  vessel,  which  had  lately  reached  this  harbor.  A  search  was  made,  and  nothing 
was  found  but  a  12-pounder  gun,  and  a  case,  supposed  to  contain  shell.  Upon  this  the 
lieutenant-governor,  acting  upon  the  advice  of  the  attorney-general,  informed  the 
consul  that  there  was  not  sufficient  ground  for  detaining  the  vessel,  after  this  gun  and 
case  were  landed,  which  the  agents  professed  their  willingness  to  do. 

The  consul  had  at  first  supposed  the  search  to  have  been  a  seizure,  and  he  was  much 
disappointed  at  this  last  communication,  and  juotested  urgently  against  it. 

The  attorney-general  saw  him  personally,  and  was  not  satisfied  with  the  proofs 
offered  ;  and,  finally,  he  was  informed  that  the  government  would  not  proceed  upon 
confidential  communications  made  to  him  by  persons  who  could  not  be  produced  in 
court  to  support  a  prosecution. 

This  was  the  state  of  the  case  when  I  arrived. 

I  mention  what  occurred  with  the  consul,  in  order  that  you  may  be  cognizant  of  it, 
in  the  event  of  the  American  Government  adverting  to  it  in  any  communication  which 
it  may  make  to  you. 

Upon  examining  the  correspondence,  and  making  inquiry  of  the  officer  who  searched 
the  vessel,  I  found  that  there  were  suspicious  facts  bearing  upon  the  case,  which  did 
not  appear  in  the  papers,  and  that  certain  packages  which  were  shipped  at  Bermuda 
had  not  been  opened,  nor  were  their  contents  known.  I  therefore  directed  that  they 
should  be  landed  and  opened.  The  result  is  shown  in  the  inclosure  No.  1,  which, 
among  other  things,  proves  the  continued  connection  of  the  Mary  with  Mr.  Hamilton, 
an  officer  of  the  Confederate  States,  whose  name  was  brought  forward  by  the  attorney- 
general  on  the  occasion  of  the  trial  in  England,  as  ono  of  the  proofs  against  the  parties 
who  owned  the  Alexandra. 

Upon  the  discovery  of  this  further  evidence,  and  receiving  the  opinion  of  the 
attorney-general,  I  ordered  the  vessel  to  be  seized,  and  she  is  now  in  charge  of  the 
customs,  moored  opposite  to  the  ordnance  wharf,  for  protection.  The  attorney-general 
will  commence  legal  proceedings  without  delay,  and  I  have  received  a  letter  from  the 
United  States  consul,  thanking  me  for  my  proceedings  in  the  case. 
I  have,  &c, 
(Signed)  RAWSON  W.  RAWSON. 

P.  S. — I  was  not  aware,  when  I  was  writing  the  above,  that  the  lieutenant-governor 
had  recently  received  from  you  a  communication  from  the  Government  of  the  United 
States  on  the  subject  of  the  equipment  of  armed  vessels  for  the  service  of  the  Confed- 
erate States  in  this  port,  and  that  in  replying  to  it  he  had  alluded  to  the  suspicions 
attaching  to  the  steamer  Mary. 

R.  W.  R. 


[269]  *[Inclosure  43  in  No.  2.]      , 

Governor  Bawson  to  Mr.  Car  dwell. 

Government  House,  Nassau,  December  17, 1864. 
Sir  :  I  have  the  honor  to  forward,  for  your  information,  copies  of  a  correspondence 
between  Mr.  J.  Hume  Burnley,  acting  for  Her  Majesty's  minister  at  Washington,  and 
the  late  lieutenant-governor,  upon  the  subject  of  a  representation  from  the  secretary  of 
state  of  the  United  States,  inviting  the  attention  of  this  government  to  the  proceed- 
ings of  insurgent  agents  suspected  of  fitting  out  armed  vessels  at  Nassau. 

2.  Mr.  Burnley's  letter,  dated  the  8th  October,  is  marked  as  having  been  received  on 
the  6th  December.  I  was  not  aware  until  this  morning  that  the  lieutenant-gover- 
nor had  replied  to  it,  and  that  he  had  referred  in  his  answer  to  the  steamer  Mary,  since 
seized.  His  reply  will  be  forwarded  on  Monday  by  the  same  mail  which  conveys  my 
letter  informing  Mr.  Burnley  of  the  seizure  of  the  Mary. 
I  have,  &c, 
(Signed)  RAWSON  W.  RAWSON. 


320  TREATY    OF    WASHINGTON. 

[Inclosure44  in  No.  2.  J 

Mr.  Seward  to  Mr.  Burnley,  October  6,  1884. 

[See  iiiclosure  3  in  No.  2.] 


flnclosuro  45  in  No.  2.  J 

Mr.  Burnley  to  Lieutenant-Governor  JSTesbitt,  October  8, 1864. 

[See  inclosure  2  in  No.  2.] 


[Inclosure  46  in  No.  2.] 
Acting  Governor  Nesbiit  to  Mr.  Burnley. 

Government  House,  Nassau,  December  — ,  1864. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  on  the  3d  instant  of  your  dispatch 
dated  Washington,  the  8th  of  Octoher  last,  with  copy  of  a  note  of  the  6th  of  that 
month  received  by  you  from  the  Secretary  of  State  of  the  United  States,  requesting  you 
to  invite  the  attention  of  the  authorities  of  this  colony  to  the  proceedings  of  insurgent 
agents  engaged  in  fitting  out  vessels  at  Nassau,  New  Providence,  with  a  view  to  pirati- 
cal operations  against  the  commerce  of  the  United  States. 

I  now  forward  to  you  the  copy  of  a  communication  which,  on  the  receipt  of  your  dis- 
patch, I  at  once  made  to  the  receiver-general  of  this  colony,  together  with  a  copy  of  that 
officer's  report,  by  which  latter  document  you  will  perceive  that  the  receiver-general 
remarks  that,  on  the  first  arrival  of  several  steamers,  reports  were  circulated,  without 
the  slightest  foundation  as  to  their  ultimate  conversion  or  appropriation  for  warlike 
purposes,  such  for  instance  as  the  steamer  Hope,  referred  to  in  Mr.  Seward's  note  to  you, 
and  which  steamer  has  since  been  captured  off  Wilmington  with  a  general  cargo  on 
board  by  the  blockading  squadron  of  the  United  States,  thus  effectually  disposing  of 
the  question  of  her  having  been  fitted  out  here  as  a  privateer. 

You  will  perceive  in  the  postscript  to  my  communication  to  the  receiver-general  of 
the  3d  instant,  that  I  especially  called  his  attention  to  the  steamer  Mary,  late  Alexan- 
dra, now  in  the  port  of  Nassau,  with  the  view  of  his  reporting  on  the  character  of  that 
vessel,  and,  as  far  as  practicable,  preventing  any  violation  of  Her  Majesty's  proclama- 
tion of  neutrality. 

In  concert  with  the  attorney-general  I  have  had  the  case  of  the  Mary,  late  Alexandra, 
under  consideration,  and  it  forms  the  subject  of  correspondence  at  present  between  the 
United  States  consul  at  this  port  and  myself,  copies  of  which  correspondence  will  be 
forwarded  to  the  secretary  of  state  for  the  colonies  for  the  information  of  Her  Majesty's 
government. 

I  have,  &c, 

(Signed)  C.  R.  NESBITT. 


[270  J  *  [Inclosure  47  in  No.  2.  | 

Mr.  Dumarcsq  to  Lieutenant-Governor  Nesbitt,  December  7, 1864. 

[See  inclosure  15  in  No.  2.] 


No.  3. 
Mr.  La/one  to  Earl  Russell, 

Liverpool,  January  11 ,  1865.     (Eeceived  January  12.) 

My  Lord  :  I  have  information  from  Nassau  that  the  screw-steamer 

Mary,  (formerly  the  Alexandra,)  which  was  purchased  by  me  in  June  last 

from  Messrs.  Fawcett,  Preston  &  Co.,  of  this  town,  and  by  me  altered 

into  a  passenger-ship,  and  duly  advertised  to  trade  between  Halifax, 


BRITISH    CASE    AND    PAPERS.  321 

Bermuda,  Nassau,  and  St.  Thomas,  has  been  seized  at  Nassau  for  some 
alleged  breach  of  the  law. 

May  I  request  your  lordship  to  inform  me  whether  this  has  been  done 
on  the  orders  of  Her  Majesty's  government  here,  or  whether  it  is  the  act 
of  the  governor  of  Nassau  on  his  own  responsibility  f 

I  make  this  request  in  order  that  I  may  be  advised  how  to  proceed, 
and  I  remain,  &c,  . 

(Signed)  HENRY  LAFONE. 


No.  4. 
TJie  laiv-officers  of  the  Crown  to  Earl  Russell. 

[Immediate.] 

Lincoln's  Inn,  January  12, 1865.  (Received  January  13.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  9th  instant,  stating  that  he  was  directed 
by  your  lordship  to  transmit  to  us  the  accompanying  letter  from  the 
colonial  office,  and  its  inclosures,  respecting  the  seizure  of  the  steamer 
Mary  (formerly  called  the  Alexandra)  on  the  ground  that  she  was  being 
equipped  as  a  vessel  of  war  for  the  service  of  the  so- styled  Confederate 
States,  and  to  request  that  we  would  take  the  same  into  consideration, 
and  furnish  your  lordship  with  our  opinion  thereupon  as  soon  as  we  con- 
veniently can,  and  at  all  events  before  Saturday  next  when  the  mail  is 
dispatched  for  the  Bahamas. 

In  obedience  to  your  lordship's  commands  we  have  taken  this  matter 
into  consideration,  and  have  the  honor  to  report — 

That  we  think  the  governor  of  the  Bahamas  has  acted  properly  in 
seizing  the  Mary  or  Alexandra,  which  we  understand  to  be  a  vessel  still 
navigated  under  British  papers.  There  seems  little,  if  any,  room  for 
doubt,  that  the  seventh  section  of  the  foreign  enlistment  act  has  been 
violated  by  the  shipment  of  arms,  &c,  in  this  vessel  at  Bermuda;  and 
we  incline  to  agree  with  the  attorney-general  of  the  Bahamas  that,  even 
if  the  only  act  of  equipment  or  fitting  out,  done  in  that  colony,  should 
prove  to  be  the  preparation  of  additional  sleeping-berths  for  the  crew, 
(the  United  States  consul  in  his  letter  of  the  5th  December,  1864,  alleged 
that  several  boxes  of  shell  had  been  put  on  board  in  the  harbor  of  Nas- 
sau, but  of  this  we  do  not  at  present  find  any  evidence,)  such  prepara- 
tion of  sleeping-berths  ought  to  be  held  a  further  violation  of  the  statute 
in  the  Bahamas.  That  vessel,  both  when  she  left  Bermuda  and  when 
at  Nassau,  was  (as  we  understand  the  facts)  so  equipped  and  armed  as 
to  be  capable  of  cruising  with  effect  against  merchant- vessels  ;  and  the 
confederate  flags,  &c,  and  the  commission  in  blank,  and  forms  of  sea- 
men's pay-receipt,  and  muster-rolls,  &c,  found  on  board  her,  with  the 
card  and  effects  of  Lieutenant  Hamilton,  appear  to  us  to  be  quite  suffi- 
cient (unless  otherwise  explained,  which  we  think  most  improbable)  to 
prove  an  actual  destination  for  the  war  service  of  the  Confederate  States. 
We  think  it  will  be  proper  to  allege  and  prove  as  a  distinct  and 
[271]  separate  charge  *"  equipment,"  "  fitting  out,"  and  "  arming," 
within  Her  Majesty's  dominions  at  Bermuda,  as  well  as  further 
equipment,  &c,  in  the  Bahamas.  The  ruling  of  Judge  Lees  in  the  case 
of  the  Oreto,  that  no  evidence  could  be  given  of  acts  done  elsewhere 
H.  Ex.  282,  vol.  ii 21 


322  TREATY    OF    WASHINGTON. 

• 

than  in  the  Bahamas,  except  for  the  purpose  of  explaining  acts  done 
within  that  colony,  seems  to  us  to  be  incorrect,  and  to  have  arisen  from 
a  confusion  between  a  criminal  proceeding  in  personam  (which,  under 
the  fourth  section  of  the  act,  must  be  taken  before  a  court  having  local 
jurisdiction  where  the  offense  was  committed)  and  a  proceeding  for  con- 
demnation in  rem,  which,  under  the  seventh  section,  seems  to  us  to  be 
competent  wherever  the  ship,  .previously  forfeited  by  any  act  working  a 
forfeiture  under  that  section,  may  happen  to  be  found  within  Her  Maj- 
esty's dominions.  The  question  to  be  tried  in  such  a  case  is  the  title  of 
the  Crown  by  forfeiture,  which,  under  the  imperial  statute,  is  perfect, 
if  the  prohibited  act  has  been  done  in  any  part  of  Her  Majesty's  do- 
minions. It  is  not  said  in  the  seventh  section' (and  we  think  it  would 
be  unreasonable  to  imply)  that  the  subsequent  seizure,  &c,  must  take 
place  in  the  same  part  of  Her  Majesty's  dominions  in  which  the  act 
making  the  forfeiture  was  done  ;  and  still  less  that  the  court  which  has 
to  try  the  question  of  title  to  the  vessel  between  the  Crown  and  any 
claimant  who  may  come  forward,  is  not  at  liberty  to  receive  allegations 
or  evidence  of  such  acts  wherever  done,  as  under  the  imperial  statute 
would  vest  in  the  Crown  an  actual  title  by  forfeiture  at  the  time  of  seiz- 
ure. The  effect  of  such  a  construction  would  be,  that  a  ship  forfeited  in 
law  to  the  Crown  would  be  delivered  forever  from  all  the  effects  of  that 
forfeiture  if  she  could  once  pass  from  one  part  of  Her  Majesty's  domin- 
ions to  another  without  afterward  returning  to  the  place  from  whence 
she  came.  If  such  a  doctrine  should  still  be  adhered  to  by  the  learned 
judge  at  Nassau,  we  think  it  would  be  necessary  to  appeal  from  his  judg- 
ment to  Her  Majesty  in  council ;  but  if  an  adverse  decision  should  be 
pronounced  upon  the  general  merits,  it  must  be  left  to  the  colonial  at- 
torney-general, who  will  have  the  evidence  before  him,  to  determine 
whether  an  appeal  should  be  prosecuted  or  not. 

We  think  that  the  course  of  proceeding  which  the  attorney-general  of 
the  Bahamas  proposes  to  follow  is  judicious  and  proper. 

We  have,  &c, 

(Signed)  BOTJNDELL  PALMER. 

R.  P.  COLLIER. 
ROBERT  PHILLIMORE. 


TSo.  5. 

Mr,  Hammond  to  Sir  F.  Rogers. 

[Pressing.] 

Foreign  Office,  January  13,  1 8G5. 
Sir:  Earl  Russell  having  caused  your  letter  of  the  9th  instant,  re- 
specting the* seizure  of  the  Mary,  otherwise  known  as  the  Alexandra, 
at  the  Bahamas,  to  be  referred  to  the  proper  law-advisers  of  the  Crown, 
I  am  now  directed  by  his  lordship  to  transmit  to  you,  to  be  laid  before 
Mr.  Secretary  Cardwell,  a  copy  of  the  report  which  he  has  received  from 
them.1 

I  am,  &c, 

(Signed)  E.  HAMMOND. 

'No.  4. 


BRITISH    CASE    AND    PAPERS.  323 

No.  6. 

Mr.  Burnley  to  Earl  Russell. 

Washington,  January  6,  1865.  (Received  January  20.) 

My  Lord  :  I  have  the  honor  to  forward  to  your  lordship  copies  of 
correspondence  with  the  state  department  and  the  authorities  of  Nova 
Scotia  and  New  Providence,  relative  to  the  seizure  of  the  British  ship 
Mary,  late  Alexandra,  ram,  for  violation  of  the  seventh  clause  of  the 
foreign-enlistment  act. 

Mr.  Seward  informs  me,  in  his  note  of  the  31st  December  ultimo,  that 
he  has  instructed  Mr.  Adams  to  express  satisfaction  to  Her  Majesty's 
government,  on  the  part  of  that  of  the  United  States,  at  the  prompt 
action  which  has  been  adopted  in  this  case. 
I  have,  &c, 
(Signed)  J.  HUME  BURNLEY. 

[272]  *  [Inclosure  1  in  No.  6.] 

Mr.  Seward  to  Mr.  Burnley. 

Department  of  State, 
i  Washington,  September  13,  1864. 

Sir  :  This  Department  has  been  informed  that  the  steamer  Mary,  which  formerly, 
under  the  name  of  the  Alexandra,  was  charged  in  the  British  courts  with  having  been  i 
built  for  the  naval  service  of  the  insurgents,  has  arrived  at  Halifax,  for  the  supposed! 
purpose  of  there  being  armed  and  equipped  for  that  service.     It  is  consequently  sug- 
gested that  you  communicate  with  the  governor  of  Nova  Scotia,  in  order  that  the  hos- 
tile designs  of  that  vessel  against  the  United  States,  and  their  shipping,  may  not  be ■-. 
carried  into  effect  from  any  port  within  his  jurisdiction. 
I  have,  &c, 
(Signed)  W.  H.  SEWARD.  . 


[Inclosure  2  in  No.  6.] 

Mr.  Burnley  to  Lieutenant-Governor  Nesbitt. 

Washington,  September  13,  1864. . 
Sir  :  I  have  the  honor  to  inclose  herewith,  for  your  guidance  and  information,  copy 
of  a  letter  received  to-day  from  the  Secretary  of  State  of  the  United  States,  relative  to 
the  proceedings  of  the  steamer  Mary,  supposed  to  be  in  the  service  of  the  so-called 
Confederate  States. 
I  have,  &c, 
(Signed)  '  J.  HUME  BURNLEY. 


[Inclosure  3  in  No.  6  ] 

Governor  Macdonnell  to  Mr.  Burnley. . 

Government  House, 
Halifax,  Nova  Scotia,  September  30,  1864.  . 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  yours  of  the  13th  instant,  which 
did  not  reach  me  till  the  28th  instant. 

Your  letter  incloses  a  communication  from  Mr.  Seward,  representing  that  the  Mary, 
formerly  the  Alexandra,  has  arrived  at  Halifax,  for  the  supposed  purpose  of  being  armed 
and  equipped  for  the  confederate  service. 

Mr.  Seward  therefore  suggests  that  you  should  communicate  with  me,  in  order  that 
the  hostile  designs  of  that  vessel  against  the  United  States  and  their  shipping  may  not 
be  carried  into  effect  from  any  port  within  my  jurisdiction. 

In  reply,  I  have  to  state  that  in  future,  as  heretofore,  my  most'  strenuous  exertions 
shall  be  directed  to  maintaining  within  the  neutral  waters  of  this  portion  of  Her  Maj- 


324  TREATY    OF    WASHINGTON. 

esty's  dominions  the  strictest  observance  of  those  orders  which  have  been  issued  for 
my  guidance  in  reference  to  belligerent  cruisers,  whether  Federal  or  confederates. 

I  cannot,  however,  interfere  with  any  vessel  British-owned  in  a  British  harbor  on 
mere  suspicion.  Nevertheless,  I  have  so  decided  a  determination  to  prevent  any  abuse 
of  the  accommodation  afforded  by  this  port  to  any  party,  that  I  have  instituted  inquiry 
for  my  own  satisfaction  into  the  rumored  destination  of  the  Mary.  I  have  even  directed 
that  the  Mary  shall  be  watched,  and  am  prepared  to  interfere  if  any  illegal  equipment 
of  that  vessel  for  warlike  purposes  be  attempted  in  this  province. 

At  the  same  time  you  may  inform  Mr.  Seward  that  the  result  of  my  inquiries  hith- 
erto leads  me  to  suppose  that  the  Mary,  although  originally  strongly  built  and  appar- 
ently intended  for  warlike  purposes,  is  now  lying  here  an  embarrassment  to  her  own- 
ers, unsaleable,  and  unserviceable  either  as  an  ordinary  merchantman  or  a  cruiser.  Her 
speed  under  steam  does  not  exceed  four  and  a  half  knots,  and  I  believe  she  is  consid- 
ered a  failure,  whatever  may  have  been  her  original  destination;  therefore  no  difficulty 
is  likely  to  arise  in  her  case. 
I  have,  &c, 
(Signed)  R.  G.  MACDONNELL. 


[273]  *|Inclosure4  in  No.  6. J 

Mr.  Burnley  to  Mr.  Seward. 

Washington,  October  9, 1864. 
Sir  :  With  reference  to  your  note  of  the  13th  ultimo,  relative  to  the  steamer  Mary  and 
her  supposed  connection  with  the  southern  insurgents,  I  have  the  honor  to  inclose  copy 
of  a  dispatch  which  I  have  received  on  this  subject  from  the  lieutenant-governor  of 
Nova  Scotia. 

I  have,  &c., 

(Signed)  J.  HUME  BURNLEY. 


[Inclosure  5  in  No.  6. J 
Mr.  Seward  to  Mr.  Burnley. 

Department  op  State, 

Washington,  October  20,  1864. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the  9th  ultimo 
which  is  accompanied  by  a  copy  of  a  dispatch  of  the  30th  of  September,  addressed  to 
you  by  the  lieutenant-governor  of  Nova  Scotia,  relative  to  the  steamer  Mary,  and  her 
supposed  connection  with  the  insurgents,  which  formed  the  subject  of  my  communica- 
tion of  the  13th  ultimo.     In  reply,  I  have  the  'honor  to  state  that  the  action  of  his 
excellency  in  the  premises  is  highly  creditable  to  himself  and  is  justly  appreciated  by 
this  Government. 
I  have,  &c, 
(Signed)  W.  H.  SEWARD. 


flnclosure  6  in  No.  6.1 
Mr.  Burnley  to  Lieutenant-Governor  Nesbitt.. 

Washington,  October  22,  1864. 
Sir  :  I'have  the  honor  to  inclose  copy  of  a  note  which  I  have  received  from  the  Secre- 
tary of  State  of  the  United  States,  in  reply  to  the  one  I  addressed  to  him,  inclosing 
copy  of  your  excellency's  dispatch  of  the  30th  September,  reporting  the  steps  taken  by 
.your  excellency  in  the  case  of  the  Mary,  formerly  the  Alexandra. 
I  havey&c, 
(Signed)  J.  HUME  BURNLEY. 


[Incloeure  7  in  No.  6.1 

Governor  Baicson  to  Mr.  Burnley,  December  15, 1864. 

[See  inclosure  42  in  No.  2.  J 


BRITISH    CASE   AND   PAPERS.  325 

[Inclosure  8  in  No.  6.] 

Mr.  Dumaresq  to  Governor  Raivson,  December  13,  1864. 

[See  inclosure  30  in  No.  2.] 


[Inclosure  9  in  No.  6.] 
Mr.  Burnley  to  Mr.  Seward. 

Washington,  December  28, 1864. 
Sir  :  With  reference  to  your  note  of  the  20th  of  October,  relative  to  the  British 
steamer  Mary,  formerly  Alexandra,  ram,  and  her  supposed  connection  with  the  so- 
called  confederate  government,  I  have  the  honor  to  transmit  to  you  herewith  copy 
of  a  dispatch  and  of  its  inclosures  from  the  governor  of  New  Providence,  stating 
[274]  *that  he  has  ordered  the  seizure  of  the  steamer  Mary  for  violation  of  the  seventh 
clause  of  the  foreign-enlistment  act. 
I  have,  &c, 
(Signed)  J.  HUME  BURNLEY. 


[Inclosure  10  in  No.  6.] 

Mr.  Burnley  to  Governor  Bawson. 

Washington,  December  28, 1864. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  excellency's  dispatch  of 
the  15th  instant,  stating  that,  on  the  13th  instant,  the  British  steamer  Mary,  formerly 
the  Alexandra,  ram,  was  seized  by  your  orders  for  a  violation  of  the  seventh  clause  of 
the  foreign-enlistment  act,  and  to  inform  you  that  I  have  forwarded  copies  of  your  dis- 
patch and  of  its  inclosures  to  the  Secretary  of  State  of  the  United  States. 

(Signed)     *'  J.  HUME  BURNLEY. 

[Inclosure  11  in  No.  6.] 

Mr.  Seward  to  Mr.  Burnley. 

Department  of  State, 

Washington,  December  31,  1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of  the  28th 
instant,  informing  me  of  the  seizure  of  the  steamer  Mary  by  the  authorities  at  New 
Providence  for  a  violation   of  the  foreign-enlistment  act  of  Great   Britain ;  and,  in 
reply,  to  acquaint  you  that  I  have  already  been  advised  of  the  fact  by  the  consul  of  the 
United  States  at  Nassau,  and  have  authorized  Mr.  Adams  to  express  satisfaction  to 
Her  Majesty's  government  on  the  part  of  that  of  the  United  States   at  the  prompt 
action  which  has  been  adopted  in  this  case.    It  is  hoped  that  it  may  be  a  beginning  of 
successes  in  arresting  piratical  operations  injurious  to  both  countries. 
I  have,  <fcc, 
(Signed)  W.  H.  SEWARD. 


No.  7. 

Mr.  Hammond  to  Mr.  Lafone. 

Foreign  Office,  January  20, 1865. 

Sir  :  I  am  directed  by  Earl  Russell  to  acknowledge  the  receipt  of 

your  letter  of  the  11th  instant  relative  to  the  seizure  at  Nassau  of  the 

screw-steamer  Mary,  formerly  the  Alexandra ;  and  I  am  to  inform  you 

that  the  seizure  of  this  vessel  has  taken  place  under  the  authority  of 


326  TREATY    OF   WASHINGTON. 

the  colonial  government  on  the  ground  of  her  having  violated  the  pro- 
visions of  the  foreign-enlistment  act :  and  that  the  validity  of  the 
seizure  will  be  tried  in  the  ordinary  course  of  law. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  8. 
Mr.  Hammond  to  Sir  F.  Rogers. 

Foreign  Office,  January  21, 1865. 
Sir  :  With  reference  to  your  letter  of  the  9th  instant  I  am  directed 
by  Earl  Russell  to  transmit  to  you,  for  the  information  of  Mr.  Secretary 
Cardwell,  a  copy  of  a  letter  from  Mr.  Lafone,  making  certain  inquiries 
relative  to  the  seizure  of  the  Mary,  or  Alexandra,  together  with  a  copy 
of  the  answer  which,  under  the  advice  of  the  law-officers  of  the  Orown, 
Lord  Russell  has  returned  thereto.1 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[275]  *No.  9. 

Sir.  F.  Rogers  to  Mr.  Hammond- 

Downing  Street, 
January  23,  1864.     (Received  January  24.) 
Sir  :  With  reference  to  your  letter  of  the  13th  of  January,  I  am 
directed  by  Mr.  Secretary  Cardwell  to  transmit  to  you,  for  the  information 
of  Earl  Eussell,  copies  of  two  dispatches  in  which  Mr.  Cardwell  has 
conveyed  to  the  governor  of  the  Bahamas  the  approval  of  Her  Majesty's 
government  of  his  conduct  in  the  seizure  of  the  Mary,  otherwise  known 
as  the  Alexandra,  and  communicated  to  him  the  opinion  of  the  law-offi- 
cers for  his  guidance. 
I  am,  &c, 
(Signed)  FREDERIC  ROGERS. 


[Inclosure  1  in  No.  9.] 
Mr.  Cardwell  to  Governor  Raivson. 

Downing  Street,  January  14,  1865. 

Sir  :  I  have  received  your  own  and  Mr.  Nesbitt's  dispatches  reporting  the  seizure  of 
the  Alexandra,  now  bearing  the  name  of  the  Mary,  soliciting  approval  for  the  steps 
you  have  already  taken,  and  requesting  instructions  for  yourself  and  for  the  attorney- 
general  as  to  your  future  proceedings. 

2.  Her  Majesty's  government  entirely  approve  the  seizure  of  this  vessel,  which  they 
understand  to  be  a  vessel  still  navigated  under  British  papers.  There  seems  little  if 
any  room  for  doubt  that  the  seventh  section  of  the  foreign-enlistment  act  has  been  vio- 
lated by  the  shipment  of  arms,  &c,  in  this  vessel  at  Bermuda  ;  and  I  incline  to  agree 
with  the  attorney-general  of  the  Bahamas  that,  even  if  the  only  act  of  equipment  or 
fitting  out  done  in  that  colony  should  prove  to  be  the  preparations  of  additional  sleep- 
ing-berths for  the  crew,  such  preparation  of  sleeping-berths  ought  to  be  held  a  further 

»  Nos.  3  and  7. 


BRITISH    CASE    AND    PAPERS.  327 

violation  of  the  statute  in  the  Bahamas.  The  United  States  consul,  in  his  letter  of 
December  5,  1864,  alleged  that  several  boxes  of  shell  had  been  put  on  board  in  the  bar* 
bor  of  Nassau.  It  remains  to  be  seen  how  far  this  statement  is  sustained  by  evidence. 
The  vessel,  both  when  she  left  Bermuda  and  when  at  Nassau,  was,  as  I  understand 
the  fact,  so  equipped  and  armed  as  to  be  capable  of  cruising  with  effect  against  mer- 
chant-vessels ;  and  the  confederate  flag,  &c,  and  the  commission  in  blank,  and  forms 
of  seamen's  pay-receipts  and  muster-rolls,  &c,  found  on  board  of  her,  with  the  card 
and  effects  of  Lieutenant  Hamilton,  seem  to  be  quite  sufficient  (unless  otherwise  ex- 
plained, which  appears  most  improbable)  to  prove  an  actual  destination  for  the  war 
service  of  the  Confederate  States. 

3.  It  will  be  proper  to  allege  and  prove  as  a  distinct  and  separate  charge  "  equip- 
ment," "  fitting  out,"  and  arming  within  Her  Majesty's  dominions  at  Bermuda,  as  well 
as  further  equipments,  &c,  in  the  Bahamas. 

4.  I  am  advised  that  the  offense  committed  in  Bermuda  furnishes  grounds  for  a  con- 
demnation in  the  Bahamas ;  and,  if  the  court  were  to  decide  otherwise,  I  think  that 
the  question  should  be  brought  before  Her  Majesty  in  council  by  appeal.  If  an  adverse 
decision  should  be  pronounced  on  the  general  merits,  the  colonial  attorney-general, 
who  will  have  the  evidence  before  him,  must  determine  whether  or  not  such  an  appeal 
should  be  prosecuted. 

5.  The  general  course  which  the  attorney-general  proposes  to  adopt  appears  to  me 
judicious  and  proper. 

I  have,  &c, 

(Signed)  EDWARD  CARDWELL. 


[Inclosure  2  in  No.  9.J 

Mr.  Card-well  to  Governor  Eawson. 

Downing  Street,  January  14,  1865. 
Sir  :  With  reference  to  my  public  dispatch  of  the  above  date,  I  have  the  honor  to 
transmit  to  you  confidentially  a  copy  of  the  opinion  of  the  law-officers  of  the  Crown  on 
the  subject  of  the  seizure  of  the  Alexandra  or  Mary. 
I  have,  &c., 
(Signed)  E.  CARDWELL. 


[276]  *No.  10. 

Mr.  Burnley  to  Earl  Russell. 

Washington,  January  24,  1865.  (Eeceived  February  5.) 
My  Lord  :  With  reference  to  my  dispatch  of  the  6th  instant,  inclos- 
ing copies  of  correspondence  with  the  United  States  Government  and 
the  lieutenant-governor  of  Nova  Scotia  and  New  Providence,  relative 
to  the  Mary,  late  Alexandra,  I  would  beg  leave  to  inclose  copy  of  a 
further  dispatch  on  this  subject,  which  I  have  received  from  Mr.  Eaw- 
son, acquainting  me  with  the  course  pursued  by  his  excellency  with 
regard  to  the  solicitor-general  of  the  colony,  who,'  it  would  appear,  had 
been  retained,  and  was  acting  for  the  defendants  in  the  matter. 

It  seemed  right  and  proper  that  Mr.  Eawson's  action,  coupled  with  a 
friendliness  of  intent  towards  the  Government  of  this  country,  should 
be  made  known,  and  I  accordingly  did  myself  the  honor  of  communi- 
cating a  copy  of  his  excellency's  dispatch  to  Mr.  Seward,  in  a  note  of 
which  I  beg  also  to  inclose  a  copy. 
I  have,  &c, 
(Signed)  J.  HUME  BUENLEY. 


328  v  TREATY    OF    WASHINGTON. 

[Inclosure  1  in  Nov  10.J 
Mr.  Burnley  to  Mr.  Seward. 

Washington,  January  24,  1865. 

Sir:  With  reference  to  my  note  of  the  28th  December  last,  informing  you  that  the 
Mary  had  been  seized  in  the  port  of  Nassau  by  orders  of  the  lieutenant-governor  fqr 
an  infringement  of  the  British  foreign  enlistment  act,  I  have  now  the  honor  to  inclose 
copy  of  dispatch  which  I  have  received  from  Mr.  Rawson,  acquainting  me  with  the 
action  taken  with  regard  to  the  solicitor-general  of  this  colony,  who,  it  appears,  had 
been  retained  and  was  acting  for  the  defendants  in  the  matter. 

The  course  pursued  by  the  lieutenant-governor  seems  to  have  been  an  eminently 
v\  ise  and  sensible  one,  as  showing  a  proper  appreciation  as  to  how  English  law  should 
be  administered,  coupled  with  a  friendliness  of  expression  toward  the  Government  of 
this  country,  which  it  give  me  the  pleasure  tojconmiunicate  to  you. 

T  lin-VA     4&sC 

(Signed)  J.  HUME  BURNLEY. 


(Inclosure  2  in  Ko.  10.] 
Governor  Bawson  to  Mr.  Burnley. 

Government  House,  Nassau,  January  14,  1865. 

Sir  :  I  deem  it  advisable  that  you  should  be  made  acquainted  with  the  fact  that,  in 
consequence  of  my  having  become  aware  that  Mr.  Solicitor-General  Burnside  had  been 
retained,  or  was  acting  for  the  defendants  in  the  matter  of  the  steamer  Mary,  seized 
by  my  orders  in  this  port,  of  which  you  have  already  received  notice,  I  immediately 
required  that  gentleman  to  resign  his  brief  or  his  office. 

Mr.  Burnside  pleaded  his  right  to  act  against  the  Crown  under  a  general  license 
which  he  possesses  in  all  cases  in  which  the  attorney-general  does  not  require  his  ser- 
vices. But  I  informed  him  that  this  was  not  a  case  contemplated  in  his  general 
license ;  that  although  his  services  were  not  required  to  assist  in  the  prosecution,  it 
was  not  fitting  that  he  should  appear  against  the  Crown ;  and  that  the  United 
States  Government,  which  is  interested  in  the  due  enforcement  of  the  foreign-enlist- 
ment act  in  this  case,  would  learn  with  surprise,  and  might  complain  with  reason,  that 
while  one  law-officer  was  enforcing  the  provisions  of  the  act,  another  was  engaged  in 
opposition  to  him  ;  and  it  would  be  difficult  to  convince  them  that  this  was  not  with 
the  consent  or  approval  of  this  government. 

Mr.  Buruside  has  elected  to  resign  his  office.    You  will  be  a  better  judge  than  I  am 
of  the  expediency  of  communicating  this  to  the  United  States  Government,  and  of  the 
time  and  manner  of  doing  so. 
I  have,  &c, 
(Signed)  RAWSON  W.  RAWSON. 


[277]  *No.  11. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street,  February  11^  1865.  (Keceived  February  13.) 
Sir  :  With  reference  to  my  letter  of  the  23d  January,  I  am  directed 
by  Mr.  Secretary  Cardwell  to  transmit  to  you,  for  the  information  of 
Earl  Kussell,  copy  of  a  dispatch  from  the  governor  of  the  Bahamas,  re- 
porting further  proceedings  taken  in  the  matter  of  the  seizure  of  the 
steamer  Mary,  otherwise  Alexandra. 

I  am,  &c, 

(Signed)  FBEDERIC  EOGERS. 


BRITISH    CASE    AND    PAPERS.  329 

[Inclosure  in  No.  11.] 

Governor  Bawson  to  Mr.  Cardwell. 

Government  House,  Nassau,  January  14,  1865. 
Sir  :  In  continuation  of  my  dispatches  of  the  15th  and  16th  ultimo,  reporting  the 
seizure  of  the  British  steamer  Mary,  late  Alexandra,  and  the  proceedings  which  the 
attorney-general  intended  to  take,  I  have  the  honor  to  report  that  the  initiatory  steps 
have  heen  taken  in  the  vice-admiralty  court ;  that  some  witnesses,  who  were  about  to 
leave  the  colony,  were  examined  before  the  judge  on  the  7th  instant,  and  that  the 
cause  is  in  progress. 

2.  No  further  evidence  has  yet  been  obtained  against  the  vessel.  I  have  had  the  coal- 
bunks  emptied,  and  the  whole  vessel  thoroughly  searched,  but  without  the  discovery 
of  anything  material. 

3.  Before  Her  Majesty's  ship  Medea  left  Nassau  I  obtained  from  Captain  Preston  a 
report  upon  the  measures  which  he  deemed  advisable  for  insuring  the  safety  of  the 
vessel,  and  preventing  any  injury  to  any  part  of  her.  These  have  been  adopted.  She 
has  been  partially  unrigged,  an  important  part  of  her  machinery  has  been  removed  and 
landed,  and  a  military  guard  is  stationed  on  board  of  her. 

I  have,  &c, 

(Signed)  RAWSON  W.  RAWSON. 


No.  12. 

Mr.  La/one  to  Earl  Russell. 

Liverpool,  February  17,  1865.  (Eeceived  February  17.) 
My  Lord  :  Referring  to  the  communication  made  to  me  by  Mr.  Ham- 
mond on  the  20th  ultimo,  I  have  to  inform  your  lordship  that  Captain 
Collier,  of  the  Mary,  has  come  to  Liverpool  from  Nassau  for  instruc- 
tions, and  as  he  is  desirous  of  seeking  some  other  employment,  I  shall 
feel  greatly  obliged  if  your  lordship  can  inform  me  whether  Her  Majes- 
ty's government,  from  the  inquiries  they  have  made  as  to  the  Mary  and 
her  cargo,  are  enabled  to  instruct  the  governor  of  the  Bahamas  to  release 
the  vessel. 

If  not,  it  will  be  necessary  for  me  to  make  terms  with  Captain  Col- 
lier to  induce  him  to  return  to  Nassau. 

I  need  scarcely  repeat  that  I  am  in  utter  ignorance  of  any  breach  of 
the  law  having  been  committed. 
I  have,  &c, 
(Signed)  HENRY  LAFONE. 


No.  13. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  17, 1865.     (Received  February  18.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  of  the  6th  ultimo,  from  Vice- Admiral  Sir  J.  Hope  ;  also  a 
[278]    copy  of  its  inclosure,  reporting  the  detention  of  *  the  English 
steamer  Mary,  late  Alexandra,  by  the  customs  officers  at  Nassau, 
for  an  alleged  breach  of  the  foreign-enlistment  act. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


330  TREATY   OF   WASHINGTON. 

[Inclosuro  1  in  No.  13.] 

Fice-Admiral  Sir  J.  Hope  to  the  secretary  to  the  admiralty. 

Duncan,  at  Bermuda,  January  6,  1865. 
Sir  :  You  will  be  pleased  to  acquaint  the  lords  commissioners  of  the  admiralty  that 
the  English  steamer  Mary,  late  Alexandra,  is  now  in  the  custody  of  the  customs-officer 
at  Nassau,  having  been  detained  there  by  the  governor  for  an  alleged  breach  of  the 
foreign-enlistment  act ;  and  I  forward,  for  their  lordships'  information,  the  report  of 
survey  held  on  her  at  his  instance  by  the  officers  of  the  Medea. 
I  have,  &c, 
(Signed)  J.  HOPE. 


[Inclosure  2  in  No.  13.] 
Report  concerning  the  construction  and  fittings  of  the  British  steamer  Mary,  of  Liverpool. 

She  is  very  strongly  built  throughout,  the  top-sides  being  much  stronger  than  those 
of  any  ordinary  merchant-vessel,  and  fit  for  breeching  and  gun-tackle  bolts  ;  her  upper 
deck  is  3-inch  fir  plank,  and  the  side  and  oak  amidships ;  the  beams  are  very  close 
together,  and  the  deck  is  strong  enough  to  bear  heavy  guns. 

She  has  in  her  hold  iron  tanks  constructed  to  fit  the  shape  of  the  ship's  bottom,  and 
low  enough  to  allow  a  deck  being  built  over  them. 

She  has  air-scuttles  very  close  together  in  the  fore  and  main  holds,  in  the  position 
that  they  would  be  required  if  a  lower  deck  was  built  in  her.  They  are  now  covered 
over  outside  with  pieces  of  copper. 

All  the  cabins  and  deck-houses  appear  to  be  quite  temporary,  and  not  at  all  built  so 
as  to  economize  space.  Two  of  the  cabin  bulk-heads  are  directly  over  two  of  the  coal- 
bunker  lids,  which  renders  it  impossible  to  open  those  lids  while  the  bulk-heads  are 
there.  Belaying-cleats  are  on  the  ship's  side,  inside  the  cabins,  on  the  after  part  of  the 
upper  deck,  and  bollard-ports  and  stern  hawse-pipes  are  covered  in. 

She  has  very  little  room  to  stow  cargo,  being  fitted  forward  and  aft  with  bunks,  and 
the  engines  and  boilers  being  constructed  so  as  to  be  entirely  below  the  water-line, 
they  take  up  a  great  deal  of  space. 

She  has  two  galleys  or  cooking-apparatus,  one  of  which  has  two  boilers  capable  of 
holding  each  about  eleven  gallons,  and  would  be  quite  sufficient  to  cook  for  about  sixty 
men,  the  dimensions  being  17  inches  by  10  inches  by  14£  inches. 

Judging  by  the  eye  and  a  calculation  from  a  rough  measurement,  (it  being  impossible, 
in  her  present  state,  to  measure  her  accurately,)  she  is  about  300  tons,  navy  measure- 
ment, and  her  engines  between  150  and  200  horse-power. 

The  small  gun  (3-inch  caliber)  taken  from  her,  is  fitted  with  a  field-carriage,  and  also 
an  iron  carriage  and  slide,  which  would  do  for  service  on  board  ship. 
Dated  on  board  Her  Majesty's  ship  Medea,  at  Nassau,  Deeember  18,  1864. 

(Signed)  C.  WODEHOUSE,  Senior  Lieutenant. 

J.  HOOD,  Chief  Engineer. 
ROBT.  CRUMP,  Gunner. 
N.  HAWTON,  Carpenter. 
Approved. 

(Signed)  D'ARCY  PRESTON, 

Commander. 


[279]  *No.  14. 

Mr.  Hammond  to  Mr.  Lafone. 

Foreign* Office,  February  18, 1865. 

Sir:  I  am  directed  by  Earl  Kussell  to  acknowledge  the  receipt  of 
your  letter  of  the  17th  instant,  in  which  you  ask  to  be  informed  whether 
Her  Majesty's  government  have  been  enabled  to  instruct  the  governor 
of  the  Bahamas  to  release  your  vessel,  the  Mary,  formerly  the  Alex- 
andra. 

I  am,  in  reply,  to  refer  you  to  my  letter  of  the  20th  ultimo,  and  to 


BRITISH    CASE    AND    PAPERS.  331 

say  that  that  vessel  can  only  be  released,  if  at  all,  in  the  ordinary  course 
of  law. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  15. 

Mr.  Burnley  to  Earl  Russell. 

Washington,  February  3,  1865.  (Keceived  February  20.) 
My  Lord  :  With  reference  to  my  dispatch  of  the  24th  instant,  I  have 
the  honor  to  inclose  copy  of  Mr.  Seward's  reply  #to  my  note  of  the  24th 
instant,  informing  him  of  the  action  taken  by  the  lieutenant-governor 
of  New  Providence  with  regard  to  the  solicitor-general  of  the  colony  in 
the  case  of  the  Mary.  .  , 

I  have,  &c, 
(Signed)  J.  HUME  BURNLEY. 

[In closure  in  No.  15.] 

Mr.  Seward  to  Mr.  Burnley. 

Department  of  State, 

Washington,  January  31,  1865. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  yonr  communication  of  the 
24th  instant,  in  regard,  to  the  proceedings  of  the  lieutenant-governor  of  Bermuda  in 
requiring  the  resignation  of  the  solicitor-general  of  that  colony,  or  that  he  should  not 
act  as  the  counsel  of  the  defendants  in  the  case  of  the  Mary,  seized  for  an  alleged  vio- 
lation of  the  British  foreign-enlistment  act. 

The  spirit  of  comity  manifested  by  his  excellency,  and  the  friendly  manner  in  which 
you  have  informed  me  of  his  conduct,  have  afforded  me  much  gratification.  I  beg 
you  to  convey  to  him  an  expression  of  the  high  appreciation  entertained  by  this 
Government  of  his  just  regard  for  its  rights,  and  for  its  good  will  in  the  instance  ad- 
verted to. 

I  have,  &c, 


No.  16. 
Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  March  7,  1865.     (Received  March  7.) 

My  Lord  :  By  a  report  made  by  the  consul  of  the  United  States  at 
Nassau,  it  would  appear  that  he  was  informed  by  a  government  officer 
at  that  place  of  the  possibility  that  the  vessel,  formerly  well  known  as 
the  Alexandra,  and  now  as  the  Mary,  even  if  condemned  and  sold  at 
that  port  under  judicial  process  for  a  violation  of  neutrality,  might  be 
bought  in  by  the  same  parties  first  interested  in  her,  and  started  again 
in  the  guise  of  a  merchantman  on  her  original  errand  to  carry  on  war 
against  the  United  States. 

I  am  instructed  by  my  Government  to  make  to  your  lordship  a  repre- 
sentation touching  this  matter,  and  to  remonstrate  against  giving  per- 
mission to  this  vessel  to  depart  from  Nassau  without  abundant  security 
that  she  is  not  to  be  used  for  the  hostile  purpose  indicated.    So 
[280]    much  of  deception  and  fraud  has  marked  the  previous  trans*actions 


332  TREATY    OF   WASHINGTON. 

of  the  insurgent  agents  engaged  in  these  outfits  from  British  ports, 
that  no  suspicion  of  any  of  their  future  operations  appears  to  be  unrea- 
sonable. 

I  pray,  &c, 

(Signed)  CHAELES  FBANOIS  ADAMS. 


,  No.  17. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  March  9, 1865. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  7th  instant,  in  which  you  represent  that  your  Government  is  in- 
formed that  the  steamer  Mary,  late  Alexandra,  even  if  condemned  at 
Nassau  and  sold  under  judicial  process  for  a  violation  of  neutrality, 
may  be  bought  in  by  the  same  parties  first  interested  in  her,  and  started 
again  in  the  guise  of  a  merchantman  on  her  original  errand  to  carry  on 
war  against  the  United  States,  and  you  state  that  you  are  instructed  to 
remonstrate  against  giving  permission  to  that  vessel  to  depart  from 
Nassau  without  abundant  security  that  she  is  not  to  be  used  for  the 
hostile  purpose  indicated. 

I  have  the  honor  to  inform  you,  in  reply,  that  I  have  lost  no  time  in 
transmitting  a  copy  of  your  representation  to  the  proper  department  of 
Her  Majesty's  government. 
I  am,  &c, 
(Signed)  BUSSELL. 


No.  18. 

Mr.  Hammond  to  Sir  F.  Rogers. 

Foreign  Office,  March  9, 1865. 
Sir  :  With  reference  to  the  case  of  the  Mary,  late  Alexandra,  I  am 
directed  by  Earl  Bussell  to  transmit  to  you,  to  be  laid  before  Mr.  Secre- 
tary Card  well,  a  copy  of  a  letter  from  Mr.  Adams,1  representing  that 
the  United  States  Government  is  informed  that  that  vessel,  even  if  con- 
demned and  sold  under  judicial  process  for  a  violation  of  neutrality, 
may  be  bought  in  by  the  same  parties  first  interested  in  her,  and  started 
again  in  the  guise  of  a  merchantman  on  her  original  errand,  to  carry  on 
war  against  the  United  States ;  and  Mr.  Adams  states  that  he  is  in- 
structed to  remonstrate  against  giving  permission  to  that  vessel  to  de- 
part from  Nassau  without  abundant  security  that  she  is  not  to  be  used 
for  the  hostile  purpose  indicated. 

Lord  Bussell  would  be  glad  to  be  favored  with  such  observations  as 
Mr.  Cardwell  may  have  to  offer  upon  this  matter  before  consulting  the 
law-officers  of  the  Crown  thereon. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 

iNo.  16. 


BRITISH    CASE    AND    PAPERS.  333 

No.  19. 
Sir  F.  Rogers  to  Mr.  Hammond. 

[Immediate.] 

Downing  Street,  March  10,  1865.    (Received  March  10.) 

Sir  :  In  answer  to  your  letter  of  the  9th  instant,  inclosing  a  copy  of 
a  note  from  Mr.  Adams,  representing  the  possibility  that  the  Mary, 
formerly  the  Alexandra,  if  condemned  at  Nassau  and  sold  under  judicial 
process,  may  be  bought  in  by  her  original  owners  and  started  again  to 
carry  on  war  against  the  United  States,  I  am  directed  by  Mr.  Secretary 
Cardwell  to  acquaint  you,  for  the  information  of  Earl  Russell,  that  he 
will  direct  the  governor,  by  the  mail  of  the  11th  instant,  not  to  sell  the 
vessel  until  he  shall  receive  further  orders  from  Her  Majesty's  govern- 
ment. 

Mr.  Cardwell  will  be  glad  to  receive  the  opinion  which  Earl  Russell 
may  obtain  from  the  law-officers  oT  the  Crown  on  this  subject  as  soon  as 
may  be,  in  order  to  give  definite  instructions  to  the  governor. 
I  am,  &c, 
(Signed)  FREDERIC  ROGERS. 


[281J  *No.  20. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street,  March  13,  1865.     (Received  March  14.) 

Sir  :  With  reference  to  your  letter  of  the  13th  of  January  last,  I  am 
directed  by  Mr.  Secretary  Cardwell  to  transmit  to  you,  for  the  informa- 
tion of  Earl  Russell,  the  inclosed  copy  of  a  dispatch  from  the  governor 
of  the  Bahamas,  acknowledging  the  receipt  of  the  opinion  of  the  law- 
officers  of  the  Crown  relative  to  the  seizure  of  the  steamer  Mary,  for- 
merly Alexandra. 

I  am,  &c, 

(Signed)  FREDERIC  ROGERS. 


[Inclosure  in  No.  20.] 
Governor  Rawson  to  Mr.  Cardwell. 

Government  House, 

Nassau,  February  13, 1865. 
8lR :  I  have  had  much  satisfaction  in  receiving  your  dispatch  of  the  14th  ultimo, 
approving  the  seizure  of  the  steamer  Mary,  and  I  have  communicated  the  opinion  of 
the  law-officers  of  the  Crown,  conveyed  in  your  confidential  dispatch  of  the  same 
date,  to  Mr.  Attorney-General  Anderson. 

2.  We  both  feel  much  obliged  for  the  promptitude  with  which  this  opinion  was  ob- 
tained and  transmitted.  The  attorney-general  will  frame  his  charges  in  accordance 
with  the  suggestions  of  the  law-officers.  The  opposite  party  endeavored,  about  three 
weeks  ago,  to  force  on  the  proceedings,  but  suddenly  withdrew,  upon  the  plea  that 
Captain  Collier,  who  commanded  the  vessel,  was  obliged  to  go  to  England,  and  would 
be  absent~for  a  few  weeks*. 

3.  Nothing  of  importance  has  occurred  to  change  the  features  of  the  case  since  I 
wrote  in  December.  There  is  no  evidence  whatever  to  furnish  ground  for  supposing 
that  the  United  States  consul  was  correct  in  stating  that  several  boxes  of  shells  had 
been  put  on  board  in  this  harbor.     On  the  contrary,  there  is  greater  reason  for 


334  TKEATY    OF   WASHINGTON. 

believing  that,  within  a  few  hours  of  her  first  search,  suspicious  articles  were  taken 
out  of  her.  A  respectable  man,  who  was  employed  on  board  in  charge  of  a  gang  of 
laborers,  has  given  evidence  that  he  saw  two  other  guns  on  board  besides  the  one 
seized,  and  he  undertook  to  show  where  they  were  concealed  ;  but  upon  examination 
they  were  not  found  there. 

4.  The  testimony  of  five  officers  of  Her  Majesty's  ships  Medea  and  Fawn  has  not 
been  unanimous  as  to  the  fitness  of  the  gun  seized  for  service  in  the  Mary,  but  it  will 
not  be  difficult  to  disprove  tbe  argumeuts  of  the  dissentients. 

5.  With  reference  to  a  remark  of  the  law-officers,  I  would  state  that  the  Mary  was 
still  being  navigated  under  British  papers. 

6.  As  Chief  Justice  Lees,  whose  ruling  in  the  case  of  the  Oreto  is  pronounced,  upon 
an  important  point,  to  have  been  incorrect,  has  retired  from  the  bench,  it  may  be 
anticipated  that  it  will  not  be  adopted  by  his  successor,  and  the  attorney-general  will 
be  the  better  prepared  to  combat  it. 

7.  The  instructions  with  regard  to  appealing  from  an  adverse  decision  will  be 
attended  to. 

I  have,  &c, 

(Signed)  RAWSON  W.  EAWSON, 


No.  21. 

The  late-officers  of  the  Crown  to  Earl  Russell. 
T  Extract.! 

Lincoln's  Inn,  March  18, 1865.    (Keceived  March  18.) 

We  are  honored  with  your  lordship's  commands  signified  in  Mr. 
Hammond's  letter  of  the  11th  instant,  stating,  that  with  reference  to 
our  report  of  the  12th  January  last,  respecting  the  seizure  of  the  Mary, 
late  Alexandra,  at  Nassau,  he  was  directed  by  your  lordship  to  transmit 
to  us,  together  with  the  previous  papers,  a  note  from  Mr.  Adams, 
[282]  representing  that  the  United  States  Government  is  informed  *that 
that  vessel,  even  if  condemned  and  sold  under  judicial  process  for  a 
violation  of  neutrality,  may  be  bought  in  by  the  same  parties  first  interested 
in  her,  and  started  again  in  the  guise  of  a  merchantman  on  her  original  er- 
rand to  carry  on  war  against  the  United  States;  and  Mr.  Adams  states  that 
he  is  requested  to  remonstrate  against  giving  permission  to  that  vessel  to 
depart  from  Nassau  without  abundant  security  that  she  is  not  to  be  used 
for  the  hostile  purpose  indicated. 

Mr.  Hammond  also  annexed  a  letter  from  the  colonial  office,  from 
which  it  will  be  seen  that  in  consequence  of  the  communication  to  that 
department  of  a  copy  of  Mr.  Adams's  note,  the  governor  of  the  Bahamas 
would  be  instructed  by  the  mail  of  that  evening  not  to  sell  the  Mary 
until  he  shall  receive  further  orders  from  Her  Majesty's  government ; 
and  Mr.  Hammond  was  accordingly  to  request  that  we  would  take  this 
matter  into  consideration,  and  furnish  your  lordship  with  our  opinion 
what  these  further  orders  should  be. 

In  obedience  to  your  lordship's  commands  we  have  taken  these 
papers  into  consideration,  and  have  the  honor  to  report — 

That  it  is,  in  our  opinion,  competent  to  Her  Majesty's  government  to 
direct,  if  they  should  think  fit,  an  indefinite  postponement  of  the  sale 
of  the  Mary,  in  the  event  of  her  condemnation,  or  (if  it  should  be 
thought  more  expedient)  permanently  to  retain  that  vessel,  for  Her 
Majesty's  service,  unsold. 

The  only  law  upon  the  subject  we  are  aware  of  is,  16  and  17  Vict., 
cap.  107,  sec.  228,  under  which  the  commissioners  of  customs  would 
(we  presume)  always  act  upon  such  directions  as  they  might  receive,  in 
any  particular  case,  from  the  lords  of  Her  Majesty's  treasury. 

Assuming  that  it  might  be  desirable  eventually  to  sell  this  vessel  (in 


BRITISH   CASE    AND   PAPERS.  335 

the  supposed  case  of  her  condemnation,)  we  should  be  disposed  to  rec- 
ommend the  postponement  of  any  such  sale,  either  till  the  termination 
of  the  present  war  or  (at  least)  until  such  a  period  shall  have  elapsed  as  to 
render  it  no  longer  probable  that  it  would  be  the  object  of  any  person 
to  purchase  her  for  the  war-service  of  the  Confederate  States. 

If,  however,  there  should  be  any  serious  objection  to  this  course,  we 
think  it  ought  1$  be  made  one  of  the  conditions  of  any  sale  at  Nassau 
that  the  purchaser  shall  give  substantial  security  against  the  use  of  this 
vessel,  either  by  himself,  or  by  any  person  deriving  title  from  him,  iu 
aid  of  the  war-service  of  the  Confederate.  States,  within  such  a  period  of 
time  from  the  sale  as  may  be  thought  sufficient. 


No.  22. 

Mr.  Hammond  to  Sir  F.  Rogers.1  \ 

'  Foreign  Office,  March  24,  1865. 
Sir  :  With  reference  to  my  letter  of  the  9th  instant,  I  am  directed  by 
Earl  Kussell  to  transmit  to  you,  to  be  laid  before  Mr.  Secretary  Card  well, 
a  copy  of  a  report  of  the  law-officers  of  the  Crown,2  respecting  the 
course  which  this  government  should  pursue  in  the  event  of  the  con- 
demnation of  the  Mary,  or  Alexandra,  to  prevent  that  vessel  coming 
into  possession  of  agents  of  the  so-styled  Confederate  States. 

A  copy  of  this  report  has  been  forwarded  to  the  lords  commission- 
ers of  Her  Majesty's  treasury. 
I  am,  &c. 
(Signed)  E.  HAMMOND. 


No.  23. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street,  April  8,  1865.    (.Received  April  10.) 
Sir:    In    continuation    of   the  correspondence   respecting  the  seiz- 
seizure  of   the    steamer  Mary,  formerly  the  Alexandra,  at  Nassau,  I 
am   directed  by  Mr.   Secretary   Cardwell  to  transmit  to  you,  for  the 
information  of  Earl  Kussell,  copy  of  a  dispatch  from   the  governor 
of  the    Bahamas,  relative  to  a  statement  made  by  the  owner  of  the 
[283J  *  vessel,  that  she    had    been  altered  by  him  into  a  passenger- 
ship,  and  duly  advertised  to  trade  between  Bermuda,  Nassau,  and 
Saint  Thomas. 
I  am,  &c, 
(Signed)  FKEDERIC  ROGERS. 


[Inclosure  in  No.  23.] 
Governor  Eawson  to  Mr.  Cardwell. 

Government  House, 

Nassau,  March  7,  1865. 
SiR:  With  reference  to  the  letter  of  Mr.  Lafone,  the  owner  of  the  steamer  Mary,  under 
seizure  in  this  harhor,  which  was  contained  in  your  dispatch  of  the  3d  ultimo,  I  observe 

JA  similar  letter  was  addressed  to  the  treasury.  2No.  21. 


336  TREATY    OF    WASHINGTON. 

that  he  states  that  this  vessel  had  been  by  him  altered  into  a  passenger-ship,  and  duly 
advertised  to  trade  between  Halifax,  Bermuda,  Nassau,  and  Saint  Thomas. 

2.  I  have  called  the  attention  of  the  attorney-general  to  this  statement,  as  showing 
the  bad  faith  of  the  owner ;  because  the  vessel  when  she  arrived  here  was  not  fitted  up, 
or  adapted  to  be  used  as  a  passenger-vessel,  and  it  was  never  alleged  by  the  captain, 
or  agents,  that  it  was  intended  to  employ  her  as  such,  but  that  she  was  to  be  sent  to 
Saint  Thomas  for  sale.       / 

I  have,  &c, 

(Signed)  RAWSOtf  W.  RAWSON. 


No.  24. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street,  April  12,  1865.    (Keceived  April  13.) 
Sir:  I  am  directed  by  the  secretary  of  state  for  the  colonies  to 
transmit  to  you,  for  the  information  of  Earl  Kussell,  copies  of  a  dispatch 
from  the  governor  of  Bahamas,  dated  the  3d  ultimo,  forwarding  cor- 
respondence on  the  subject  of  the  seizure  of  the  Mary. 
I  am,  &c, 
(Signed)  FKEDEKIC  ROGERS. 


|Inclosure  1  in  No.  24.] 

Governor  Bawson  to  Mr.  Cardwell. 

Government  House, 

Nassau,  March  3,  1865. 
Sir  ;  In  compliance  with  the  instruction  conveyed  in  the  concluding  paragraph  of 
your  dispatch  of  the  10th  ultimo,  I  have  the  honor  to  transmit  copies  of  my  letter  to 
Vice-Admiral  Sir  James  Hope,  upon  the  subject  of  the  seizure  of  the  steamer  Mary,  and 
of  his  excellency's  reply,  just  received. 
I  have,  &c, 
(Signed)  RAWSON  W.  RAWSON. 


[Inclosure  2  in  No.  24.J 

Governor  Eaivson  to  Sir  J.  Hope. 

Government  House, 

Nassau,  December  14,  1864. 

Sir  :  I  have  the  honor  to  inform  your  excellency  that  I  had  occasion  yesterday  to 
order  the  seizure  of  the  British  steamer  Mary,  for  a  violation  of  the  seventh  clause  of 
the  foreign-enlistment  act. 

2.  Upon  the  day  after  my  arrival  in  this  colony,  I  found  that  the  lieutenant-governor 
had  been  in  correspondence  with  the  United  States  consul  regarding  this  vessel,  which 
the  consul  alleged  was  about  to  be  employed  for  warlike  purposes  against  the  merchant- 
vessels  of  his  nation. 
L284]  *3. 1  need  not  trouble  your  excellency  with  the  details  of  this  correspondence. 
I  will  only  state  that  the  lieuteuaut-governor  communicated  to  the  consul  the 
opinion  of  the  attorney-general  that  the  proofs  which  he  had  adduced,  founded  upon 
the  confidential  statements  of  persons,  whom  he  was  unwilling  to  name,  and  who,  con- 
sequently, could  not  be  brought  forward  in  court,  were  insufficient  to  justify  the  seizure 
or  detention  of  the  vessel.  A  search  had  been  made,  resulting  only  in  the  discovery  of 
a  12-pounder  gun,  rifled,  taken  on  board  at  Bermuda  as  merchandise,  and  of  a  case 
supposed  to  contain  shell ;  both  of  which  the  agents  of  the  vessel  were  willing  to 
laud. 

4.  The  United  States  consul  protested  against  this  decision,  and  upon  examining  the 
correspondence,  and  ascertaining  that  the  search  made  was  not  complete,  inasmuch  as 
nothing  was  known  of  the  contents  of  certain  packages  shipped  at  Bermuda,  I  directed 


BRITISH    CASE    AND    PAPERS.  337 

these  to  be  opened,  and  landed.  The  consequence  has  been  the  discovery  of  numerous 
articles  of  a  warlike  character,  with  flags  and  papers  of  the  Confederate  States,  which, 
with  the  articles  previously  discovered,  the  attempts  at  concealment,  and  the  prepara- 
tion actually  made  in  this  port  for  fitting  up  berths,  left  no  doubt  that  the  vessel  was 
about  to  be  employed  as  a  confederate  cruiser,  and  had  violated  the  seventh  clause  of 
the  foreign-enlistment  act. 

5.  I  inclose  a  document,  showing  the  description  of  warlike  articles  found  on  the 
second  search,  and  another  describing  some  of  the  suspicious  articles  found  in  Mr.  Ham- 
ilton's box.  This  is  doubtless  the  officer  of  the  Confederate  States  navy,  referred  to  by 
Her  Majesty's  attorney-general  on  the  trial  in  England,  as  implicating  confederate 
officers  in  the  construction  of  the  Alexandra. 

6.  I  also  forward  a  copy  of  the  attorney-general's  opinion,  upon  which,  delivered  in 
the  first  instance  orally,  I  ordered  the  vessel  to  be  seized.  It  is  his  intention  to  proceed 
against  the  vessel,  without  delay,  in  the  vice-admiralty  court  of  this  colony. 

7.  The  seizure  was  effected  yesterday  without  difficulty  by  the  chief  revenue  officer, 
aud  customs  officers  have  been  put  on  board.  The  receiver-general  was  apprehensive 
of  an  attempt  to  recover  possession  during  the  night ;  the  officer  in  command  of  the 
troops,  at  my  request,  placed  a  guard  on  board.  I  have  had  her  since  moved  down  to 
the  ordnances-wharf,  where  she  will  remain  in  charge  of  the  customs,  and  under  the 
surveillance  of  the  military. 

8.  It  had  been  my  intention  to  call  your  excellency's  attention  to  the  inconvenience 
of  this  harbor  and  large  group  of  islands  being  left  without  the  protection  of  a  ship 
of  war,  under  the  present  peculiar  circumstances,  and  to  express  a  hope  that,  especially 
af^er  the  total  disappearance  of  the  yellow  fever,  your  excelleney  might  be  able  to 
detach  a  suitable  vessel  for  this  service.  The  present  occasion  has  demonstrated  the 
need  of  such  support.  There  was  no  competent  officer  here  to  pronounce  an  opinion 
upon  the  question  whether  the  large  gun  found  in  the  Mary  was  adapted  for  naval  pur- 
poses. The  snbaltern  of  royal  artillery  stationed  here  declared  his  inability  to  do  so. 
There  was  no  naval  officer  to  examine  the  vessel,  and  to  inform  me  whether  any,  and 
what  preparations,  besides  the  fitting  up  of  berths,  had  been  made  for  the  equipment 
and  arming  of  the  vessel.  I  regretted  much  that  a  naval,  rather  than  a  military  force, 
had  not  been  employed  to  take  aud  hold  possession  of  her.  During  the  continuance  of 
that  possession,  and  the  progress  of  the  legal  proceedings,  I  shall  feel  anxious  for  the 
presence  of  a  ship  of  war  ;  and  if  the  vessel  be  condemned,  the  services  of  one  will  cer- 
tainly be  required  for  the  removal  of  the  vessel  and  for  the  execution  of  any  orders 
regarding  her  which  may  be  received  from  Her  Majesty's  government. 

9.  There  are  also  other  reasons  for  my  making  this  request.  It  has  been  reported 
to  the  government  that  depots  of  coal  have  been,  or  are  likely  to  be,  established  on  some 
of  the  out  islands,  for  the  use  of  the  cruisers  of  one  or  others  of  the  belligerent  Ameri- 
can States.  It  has  also  been  asserted  that  if  the  Mary  had  got  out  of  this  port,  she 
would,  like  the  Oreto,  have  received  her  crew  and  stores  on  one  of  these  islands. 

10.  It  has  been  stated  to  me  by  all  of  my  principal  officers  that  rockets  are  fired  off 
very  frequently  on  different  parts  of  this  coast,  and  that  lights  are  seen  at  sea,  and  it 
is  supposed  that  these  are  signals  between  Federal  cruisers  and  parties  on  shore,  and 
that  boats  from  the  former  visit  the  shore  by  night.  There  is  no  doubt  of  the  close 
proximity  of  these  vessels  on  the  coast.  On  my  way  down  from  New  York  last  week, 
a  gun-boat,  carrying  the  American  colors,  bore  down  upon  the  Corsica,  and  immediately 
afterward  upon  the  light-house  brig,  and  stood  off,  apparently,  as  soon  as  she  had  dis- 
covered their  character.  This  was  within  a  very  short  distance  of  the  shore  of  Abaco, 
though  not  perhaps  within  the  maritime  league. 

11.  For  these  reasons,  but  specially  on  account  of  the  seizure  of  the  steamer 
[235]       *  Mary,  I  am  anxious  for  the  presence  and  support  of  a  ship  of  war,  and  I  hope 
that  your  excellency  will  be  able  to  detach  one  -with  little  delay  for  this 
service.    It  would  be  an  advantage  if  she  had  a  small  tender  for  visiting  the  surround- 
ing islands. 

12.  I  intend  by  the  first  opportunity  to  address  the  Secretary  of  State  to  the  same 
effect. 

I  have,  &c, 

(Signed)  RAWSON  W.  RAWSON. 


[Inclosure  3  in  No.  24.] 
Vice-Admiral  Sir  J.  Hope  to  Governor  Rawson. 

Duncan,  at  Bermuda,  January  13,  1865. 
Sir  :  I  have  to  acknowledge  the  receipt  of  your  excellency's  letter  of  the  14th  ultimo, 
and  regret  that  there  appears  to  be  every  prospect  of  my  leaving  Bermuda  prior  to  the 
arrival  of  Commander  Preston,  from  whom  I  had  hoped  to  receive  such  further  infor- 

H.  Ex.  282,  vol.  ii 22 


338  .TREATY    OF    WASHINGTON. 

mation  relative  to  the  Bahamas  as  would  have  enabled  me  to  enter  upon  the  several 
fopics  to  which  you  advert  more  satisfactorily  than  I  am  now  able  to  do. 

2.  I  have  to  thank  your  excellency  for  the  detailed  information  which  you  afford  me 
in  regard  to  the  detention  of  the  Mary,  late  Alexandra,  of  which  I  have  no  doubt  Her 
Majesty's  government  will  entirely  approve. 

It  would,  however,  not  be  consistent  with  my  duty  to  have  allowed  a  naval  force  to 
have  taken  possession  of  her,  unless  such  resistance  had  been  made  to  the  civil  author- 
ities as  would  have  prevented  their  performance  of  that  duty;  and  in  such  case  she 
would  immediately  have  been  transferred  to  the  civil  authorities,  in  whose  custody  it 
is  alone  fitting  that  she  should  remains 

3.  Commander  Preston  will  have,  I  hope,  acquainted  you  with  the  tenor  of  my  orders 
to  the  senior  officer  at  Nassau,  in  which  case  you  will  have  observed  that  the  supposed 
illicit  practices  of  the  belligerent  cruisers,  adverted  to  in  your  letter,  as  well  as  those 
of  the  slave-vessels,  have  not  been  lost  sight  of. 

4.  No  such  thing  as  a  small  tender  exists  on  the  station,  except  those  attached  for 
special  service  to  the  stationary  guard-ships  at  Bermuda  and  Jamaica  ;  and  while  it  is 
my  intention  to  keep  a  vessel  of  war  on  the  Bahamas  station,  (and  witht  hat  view  Com- 
modore Cracroft  has  been  directed  to  send  a  small  vessel  up  from  Jamaica  with  the 
least  delay  possible,  until  I  shall  send  the  Cordelia  from  Barbadoes  to  replace  her,)  I  can 
hold  out  no  prospect  to  you  of  any  further  increase  of  force  on  the  Bahamas  station. 

I  have,  &c, 

(Signed)  J.  HOPE. 


]NTo.  25. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street,  May  9, 1865.    (Eeceived  May  10.) 
Sir  :  I  am  directed  by  Mr.  Secretary  Cardwell  to  transmit  to  you,  for 
the  information  of  Earl  Eussell,  the  inclosed  copy  of  a  dispatch  from  the 
governor  of  the  Bahamas,  respecting  the  steamer  Mary. 

Mr.  Cardwell  has  referred  the  governor,  in  answer,  to  the  instructions 
which  have  been  sent  to  him,  in  accordance  with  your  letter  of  the  24th 
of  March,  not  to  sell  the  vessel  in  the  event  of  her  being  condemned  by 
the  vice-admiralty  court. 
I  am,  &c, 
(Signed)  FEEDERIC  EOGERS. 


(Tnclosure  in  No.  25.] 

Governor  Raicson  to  Mr.  Cardwell. 

Government  House, 

Nassau,  March  31,  1865. 
Sir  :  In  reply  to  your  dispatch  of  the  10th  March,  respecting  the  future  destination 
of  the  steamer  Mary,  now  under  seizure  here,  in  the  event  of  her  forfeiture  heing 
[286]  ^declared  valid  hy  the  court  of  vice-admiralty  in  this  colony,  I  shall  await  your 
further  instructions  regarding  hor. 

2.  But  I  would  take  the  opportunity  of  pointing  out  that  the  form  of  judicial  pro- 
cess, under  which  the  matter  is  now  before  the  court,  would  not  admit  of  the  court 
directing  her  to  be  sold,  or  of  my  selling  her  without  your  orders. 

3.  The  vessel  has  been  seized  as  forfeited  for  a  breach  of  the  foreign-enlistment  act. 
Her  owners  came  before  the  court  as  claimants,  to  recover  her  from  the  government,  on 
the  ground  of  her  having  been  seized  without  due  cause.  If  the  court  rejects  their 
claim,  she  will  remain  in  the  charge  of  this  government,  as  forfeited  to  the  Crown, 
until  I  receive  your  orders  as  to  the  manner  of  disposing  of  her. 

4.  The  information  received  by  the  United  States  consul  in  this  city,  as  to  the  possi- 
bility of  her  being  bought  in  by  her  former  owners,  which  he  reported  to  his  Govern- 
ment, could  only  have  emanated  from  some  subordinate  officer,  ignorant  of  the  facts  of 
the  case,  or  disposed  to  amuse  himself  by  practicing  upon  the  credulity  of  the  consul. 

I  have,  &c, 

(Signed)  RAWSON  W.  RAWSON. 


BRITISH    CASE    AND    TAPERS.  339 

IST0.  26. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street,  July  5, 1865.  (Beceived  July  6.) 
Sir  :  With  reference  to  your  letter  of  the  13th  January  last,  I  am 
directed  by  Mr.  Secretary  Cardwell  to  transmit  to  you,  for  the  consid- 
eration of  Earl  Bussell,  copy  of  a  dispatch  from  the  governor  of  the 
Bahamas,  reporting  that  the  trial  of  the  Mary,  formerly  the  Alexandra, 
has  resulted  in  the  acquittal  of  the  vessel,  aud  explaining  the  grounds 
on  which  the  colonial  attorney-general  has  decided  to  abstain  from  ap- 
pealing against  the  judgment  of  the  vice-admiralty  court. 

I  am  also  to  inclose  copy  of  a  dispatch  from  the  governor,  containing 
copy  of  a  letter,  in  which  he  has  communicated  the  judgment  of  the 
court  to  Her  Majesty's  minister  at  Washington. 
I  am,  &c, 
(Signed)  T.  EBEDK.  ELLIOT. 


[In closure  1  in  Ko.  26]. 

Governor  Bawson  to  Mr.  Cardwell. 

Government  House,  Nassau,  June  3,  1865. 
Sir:  I  have  the  honor  to  report,  for  the  information  of  Her  Majesty's  government, 
that  the  cause  of  the  Queen  vs.  The  steamship  Mary,  &c.,  was  argued  in  the  vice-admi- 
ralty court  before  Acting  Chief  Justice  Doyle,  on  the  22(1  and  23d  ultimo.  His  honor's 
judgment  was  delivered  on  the  30th  ultimo.  I  inclose  a  printed  copy  of  it.  No  report 
exists  of  the  arguments  on  either  side  ;  but  the  main  purport  of  these,  and  the  facts  of 
the  case,  are  pretty  fully  set  forth  in  the  judgment. 

2.  The  decision  is  adverse  to  the  Crown.  The  judge  admits  the  warlike  character 
of  the  vessel,  and  the  fitness  of  the  gun  found  on  board  of  her  for  naval  warfare.  But 
he  takes  his  stand  upon  the  question  of  intent,  and  pronounces  that  there  is  no  suffi- 
cient proof  of  the  intent  required  by  the  foreign-enlistment  act,  according  to  the  in- 
terpretation recently  put  upon  it  by  the  highest  legal  authorities  in  England ;  that 
there  is  nothing  to  connect  the  owner  or  captain  of  the  vessel  with  the  owner  of  the 
packages  found  on  board  of  her,  which  identify  that  person  with  the  confederate 
cause,  or  to  connect  the  owner  of  those  packages  with  the  confederate  government  in 
the  capacity  of  agent,  and  that,  consequently,  it  was  unnecessary  for  him  to  enter 
upon  the  other  questions  to  which,  it  would  seem,  the  advocates  on  each  side  had 
mainly  addressed  themselves. 

3.  These  were  two — one  of  law — What  was  the  degree  of  equipment  which  would 
render  the  vessel  liable  to  forfeiture  ?    and  the  other,  of  fact,  whether  such  a  degree  of 

equipment  had  or  had  not  been  effected  or  attempted  in  this  case  ?  These  were 
[287]  the  *points  to  which  the  law-officers  of  the  Crown  had  chiefly  directed  attention 

in  their  report,  forwarded  in  your  confidential  dispatch  of  the  14th  of  January 
last. 

4.  The  attorney-general  moved  the  court  to  adjourn  until  the  2d  instant,  to  enable 
him  to  consider  whether  he  should  enter  an  appeal.  He  subsequently  discussed  this 
point  with  me,  and  after  a  perusal  of  the  judgment  he  has  decided  in  a  report,  of  which 
I  inclose  a  copy,  to  abstain  from  appealing. 

5.  I  have  also  carefully  considered  the  judgment  and  his  report,  and  have  discussed 
both  with  him.  Understanding  that  it  would  not  be  in  the  power  of  the  Crown  to 
supply  any  fresh  evidence  in  support  of  its  claim,  I  can  arrive  at  no  other  conclusion 
than  to  accept  and  act  on  his  opinion.  • 

6.  If,  howeves,  there  had  been  any  reasonable  ground  upon  which  to  hang  an  appeal, 
I  should  have  felt  strongly  disposed  to  enter  one.  If  this  judgment,  and  the  decision  of 
Lord  Chancellor  Westbury,  in  the  case  of  Chavasse  vs.  Glazebrook,  cited  by  Chief  Jus- 
tice Doyle,  are  henceforward  to  rule  this  class  of  cases,  it  will  be 'almost  hopeless, 
especially  in  an  isolated  and  distant  colony,  to  attempt  to  obtain  a  conviction  under 
the  seventh  section  of  the  foreign-enlistment  act. 

7.  It  appears  to  me  that  it  would  only  be  necessary  for  a  person  intending  to  violate 
that  act  to  keep  his  counsel,  and  to  advertise  his  vessel  for  dispatch  to  a  belligerent 
port,  and  for  sale  there;  in  which  case  he  might  equip,  arm,  and  man  her  without 


340  TREATY    OF    WASHINGTON. 

interruption  in  a  British  port,  whence  she  could  issue  unrestrained,  and  commence 
cruising  as  soon  as  she  had  passed  out  of  British  waters,  within  sight  of  the  baffled 
officers  of  government. 

8.  It  appears  to  me  also  that  if  proof  be  required  of  the  guilty  knowledge  of  the 
owner  of  the  vessel,  who  may  be  beyond  the  reach  of  the  local  court,  or  of  the  captain, 
who  may  be  in  ignorance  of  the  contents  of  the  cases  shipped  on  board  of  the  vessel, 
or  possibly  of  the  owner's  intentions;  and  if  it  be  required  to  prove  the  connection  of 
one  or  the  other  with  the  belligerent  government,  it  will  be  very  difficult  to  obtain  a 
judgment  for  the  Crown. 

9.  Moreover,  if  Lord  Westbury's  dictum  be  accepted,  that  it  needs  "  proof  of  an  agree- 
ment, understanding,  or  concert  with  a  belligerent  power  "  to  establish  a  violation  of 
the  foreign-enlistment  act,  it  will  be  almost  impossible  to  attempt  to  enforce  the  law. 
Volunteer  cruisers  may  be  equipped  and  manned  in  swarms,  with  no  power  on  the  part 
of  the  government  to  detain  them  in  or  out  of  British  waters,  and  with  a  eertainty 
that  as  soon  as  they  reach  the  belligerent  country  the  necessary  agreement  will  be 
eagerly  made,  and  all  the  evils  would  arise  which  the  act  of  1819  was  intended  to  pre- 
vent. 

10.  For  these  reasons  I  should  have  been  glad  if  the  judgment  had  afforded  an  oppor- 
tunity of  bringing  these  important  questions  and  decisions  before  the  highestgsourt  in 
Her  Majesty's  kingdom.  But  as  the  attorney-general  does  not  consider  himself  justi- 
fied on  professional  grounds  in  advising  an  appeal,  and  as  I  see  no  sufficient  ground  on 
which  to  act  in  opposition  to  his  opinion,  I  do  not  feel  myself  at  liberty  to  act  upon  my 
own  views  of  the  political  bearings  of  the  question,  which,  if  correct,  may  receive  the 
separate  consideration  of  Her  Majesty's  government,  independent  of  any  connection 
with  this  particular  case. 

11.  I  therefore  have  to  report  that  I  shall  act  upon  the  attorney-general's  opinion, 
and  restore  the  vessel  to  the  representatives  of  the  owner. 

I  have,  &c, 

(Signed)  RAWSON  W.  RAWSON. 


flDclosnre  2  in  No.  36.] 

The  attorney-general  to  Governor  Bauson. 

May  it  please  your  excellency  : 

In  accordance  with  your  excellency's  desire  I  have,  as  well  as  the  brief  period  which 
has  intervened  will  permit,  considered  the  judgment  delivered  on  Tuesday  last  by  the 
learned  judge  in  admiralty,  in  the  case  of  the  Mary,  and  while  I  fully  admit  the  great 
ability  displayed  in  it,  I  nevertheless  cannot  yield  an  entire  concurrence  to  the  reason- 
ing by  which  the  conclusion  is  arrived  at,  that  the  intents  charged  in  the  information 
were  not  sufficiently  established. 

2.  Except  in  very  rare  instances,  proof  of  a  particular  intent  can  only  be  reached  by 
evidence  of  the  circumstances  attending,  or  connected  with  the  act  or  acts  from  which 

such  intent  is  to  be  inferred  ;  and  in  this  case,  haviug  proved  the  adaptability  of 
[288]  the  *Mary  for  warlike  purposes,  having  traced  her  consignment  to  a  confederate 

citizen  at  Bermuda,  the  shipment  at  Bermuda  of  the  gun,  shot,  shell,  hammocks, 
and  hammock-racks,  for  the  latter  of  which  she  had  been  prepared  by  original  build ; 
the  previous  shipment  at  Halifax  of  the  confederate  flags  and  of  the  effects  of  Lieuten- 
ant Hamilton,  of  the  Confederate  States  navy,  having  shown  that  she  arrived  at  Nas- 
sau with  the  above-mentioned  articles  on  board,  the  gun  being  actually  on  deck, 
although  in  a  case  ;  that  there  were  no  bills  of  lading  which  could  be  produced  here  as 
ought  to  have  been  done,  if  it  had  been  a  bona  fide  mercantile  voyage;  having  shown 
that,  although  avowedly  bound  to  Charleston,  her  crew  were  at  once  discharged  here, 
and  that  works  for  the  accommodation  of  an  increased  number  of  men,  commenced  at 
Bermuda,  were  completed  at  Nassau ;  and  that  having  further  shown  that  the  shell 
and  cannister  shot  found  on  board  were  fitted  for  the  gun,  and  that  the  gun  itself  was 
an  apt  implement  of  warfare  to  be  used  on  board  the  Mary,  I  consider  that  I  had  suf- 
ficiently sustained  the  case  for  the  Crown  ;  and  that  unless  the  claimants  were  able, 
by  their  witnesses,  to  show  the  innocent  character  of  the  circumstances  so  relied  on  by 
me,  the  forfeiture  must  be  pronounced  for. 

3.  The  judge,  however,  took  a  different  view,  and  required  a  description  of  evidence 
which  it  was  impossible  for  me  to  procure,  and  which,  I  venture  to  add,  will  be  found 
alike  impracticable  in  any  other  case  of  forfeiture  under  the  same  statute. 

4.  The  questions  of  law  which  were  raised  as  to  the  construction  of  the  foreign- 
enlistment  act  were,  as  your  excellency  will  perceive,  left  wholly  undecided  by  the 
judge ;  but  he  nevertheless,  I  cannot  help  thinking,  erroneously  alluded  to,  and  laid 
great  stress  upon,  a  newspaper  report  of  the  decision  of  the  Lord  Chancellor  in  the 
recent  case  of  Chavasse  vs.  Glazebrook,  which,  even  if  correctly  reported,  is  a  case 
which  can  have  no  bearing  on  the  questions  at  issue  with  respect  to  the  Mary. 


BRITISH    CASE    AND    PAPERS.  341 

5.  On  the  whole  I  have  arrived  at  the  same  conclusion,  that  the  decree  of  Judge 
Doyle  does  not  satisfactorily  dispose  of  the  important  matters  involved  in  the  case 
before  him ;  but  at  the  same  time,  as  his  decision  is  based  solely  on  a  question  of  evi- 
dence, I  am  not  prepared  to  take  upon  myself  the  responsibility  of  advising  an  appeal, 
which  would  necessarily  be  attended  with  heavy  additional  expense ;  and  I  the  more 
readily  adopt  this  course  as,  in  consequence  of  the  present  state  of  affairs  in  the  United 
States,  it  is  in  the  highest  degree  improbable  that  the  future  employment  of  the  Mary 
will  be  for  the  warlike  purposes  for  which  I  believe  she  was  originally,  and  at  the  time 
of  her  seizure  here,  designed.  I  therefore  advise  your  excellency  to  allow  restitution 
to  be  at  once  made. 
I  have,  &c, 
(Signed)  G.  C.  ANDERSON. 


Iluclosure  3  in  ~So,  26.] 

Governor  Rawson  to  Mr.  Car  dwell. 

Government  Hot 

Sir  :  I  have  the  honor  to  forward,  for  your  information,  a  copy  of  the  letter  in  which 
I  have  communicated  to  Her  Majesty's  minister  at  Washington  the  judgment  of  vice- 
admiralty  court  in  the  case  of  the  Mary,  which  forms  the  subject  of  my  two  preceding 
dispatches. 

I  have,  &c, 

(Signed)  RAWSON  W.  RAWSON. 


[  Inclosure  4  in  Xo.  26.] 
Governor  Rawson  to  Sir  F.  Bruce. 

Government  House,  Nassau,  June  5,  1865. 

Sir  :  With  reference  to  the  correspondence  which  has  taken  place  between  Mr.  Burn- 
ley and  myself  upon  the  subject  of  the  seizure  of  the  British  steamer  Mary,  formerly 
the  Alexandra,  in  this  port  in  December  last,  I  forward,  for  your  information,  and  for 
that  of  the  United  States  Government,  if  you  should  consider  it  desirable  to  communi- 
cate it  to  them,  printed  copies  of  the  judgment  delivered  in  this  cause  in  the  vice- 
admiralty  of  this  colony  on  the  30th  ultimo. 
[289]  *2.  The  judgment  is  unfavorable  to  the  Crown.  It  decrees  the  restitution  of 
the  vessel,  but  without  costs.  The  attorney -general  advises  that  there  is  not  suffi- 
cient ground  for  appealing  against  this  decision ,  aud  I  concur  in  his  opinion. 

3.  I  should  have  felt  great  disappointment  at  this  result  if  there  had  been  any  prob- 
ability, in  the  present  position  of  American  affairs,  of  the  vessel  being  engaged  in  the 
employment  for  which  I  still  believe  she  was  originally  intended. 
I  have,  &c, 
(Signed)  RAWSON  W.  RAWSON. 


[Inclosure  5  in  Xo.  26.] 

•Case  of  the  Alary,  (better  known  as  the  Alexandra.)  seized  at  Nassau  under  the  foreign-enlist- 
ment act — Decided  in  the  vice-admiralty  court  of  the  Bahamas,  May  30,  1865.         v 

Counsel  for  the  Crown:  Hon.  G.  C.  Anderson,  attorney-general.  ' 
For  the  respondents  :  B.  L.  Burnside,  esq.,  barrister-at-law. 

DECIDED   IN  THE  VICE-ADMIRALTY  COURT  OF  THE  BAHAMAS. 

Tuesday,  May  30,  1865. 

Our  Lady  the  Queen,  vs.  British  steamship  Mary,  her  tackle,  &c.     Cause  of  forfeiture 
under  seventh  section  of  foreign-enlistment  act. 

His  honor  Judge  Doyle  delivered  the  following  judgment: 

This  is  a  cause  of  forfeiture  promoted  by  the  Crown  with  a  view  to  the  condemnation 
of  the  steamship  Mary,  a  British  registered  vessel,  together  with  the  furniture,  tackle, 
and  apparel  belonging  to  her,  and  also  certain  articles  lately  being  on  board  of  her, 
for  certain  alleged  violations  of  the  seventh  section  of  the  foreign-enlistment  act.  59 
Geo.  Ill,  cap.  69. 

The  information,  filed  by  the  attorney-general,  contains  sixty-four  counts.  In  the 
first  thirty-two  some  of  the  violations  in  question  are  stated  to  have  occurred  within 
a  part  of  Her  Majesty's  domains  called  and  known  as  the  Bermuda  Islands ;  and  in 
the  remaining  counts  other  violations  are  alleged  to  have  taken  place  within  another 


342  TREATY    OF    WASHINGTON. 

part  of  Her  Majesty's  dominions,  to  wit,  at  Nassau,  in  the  Island  of  New  Providence, 
one  of  Her  Majesty's  Bahama  Islands. 

The  first  count  of  the  information  is  as  follows  :  "For  that  certain  persons,  to  wit, 
Edward  Montgomery  Collier,  Henry  Lafone,  J.  H.  Phinizy,  and  divers  and  very  many 
other  persons  whose  names  are  to  the  said  attorney- general  at  present  unknown,  here- 
tofore and  hefore  the  making  of  the  said  seizure,  and  after  the  3d  day  of  July,  which 
was  in  the  year  of  our  Lord  1819,  and  before  the  said  13th  day  of  December,  in  the 
year  of  our  Lord  1864,  aforesaid,  to  wit,  on  the  14th  day  of  November,  in  the  year  last 
aforesaid,  within  a  certain  part  of  Her  Majesty's  dominions  called  and  known  as  the 
Bermuda  Islands,  without  any  leave  or  license  of  Her  Majesty  for  that  purpose  first 
had  and  obtained,  did  equip  the  said  ship  or  vessel,  with  intent  and  in  order  that  such 
ship  or  vessel  should  be  employed  in  the  service  of  certain  foreign  States  styling  them- 
selves the  Confederate  States  of  America,  with  intent  to  cruise  and  commit  hostilities 
against  a  certain  other  foreign  State  with  which  Her  Majesty  was  not  then,  to  wit,  on 
the  day  and  year  last  aforesaid,  at  war,  to  wit,  the  Republic  of  the  United  States  of 
America,  contrary  to  the  form  of  the  statute  in  such  case  made  and  provided,  whereby 
and  by  force  of  the  statute  in  that  case  made  and  provided  the  said  ship  or  vessel, 
together  with  her  tackle,  apparel,  and  furniture,  and  the  articles  aforesaid,  became  and 
was  forfeited." 

.  The  second  count  only  differs  from  the  first  in  this,  thjat  it  charges  the  intent  to 
cruise  and  commit  hostilities  to  be  against  "  citizens  of"  the  Republic  of  the  United 
States,  and  not  merely  the  republic  itself. 

The  third  count  is  similar  to  the  first,  except  in  omitting  the  name  of  the  foreign 
State  in  whose  service  the  ship  was  intended  to  be  employed. 

The  fourth  count  resembles  in  all  respects  the  third,  save  in  stating  that  it  was 
against  the  "citizens  of  "  the  Republic  of  the  United  States  of  America  the  Mary  was 

to  cruise. 
[290]       *The  fifth  count  is  like  the  first,  only  differing  from  it  in  the  description  of  the 
nature  of  the  service  in  which  the  ship  was  to  be  employed,  viz,  "  in  the  ser- 
vice of  divers  and  very  many  persons  exercising  the  powers  of  government  in  and  over 
certain  foreign  States  styling  themselves  the  Confederate  States  of  America." 

The  sixth  count  follows  the  fifth,  but  specifies  the  intent  to  be  to  cruise  and  commit 
hostilities  against  "citizens  of"  the  Republic  of  the  United  States  of  America. 

The  seventh  count  resembles  the  first,  except  in  the  description  of  the  service  in 
which  the  ship  should  be  employed,  alleging  the  service  to  be  that  "  of  divers  and  very 
many  persons  exercising  the  powers  of  government  over  part  of  a  certain  foreign  peo- 
ple, to  wit,  part  of  the  people  of  the  United  States  of  America." 

The  eighth  count  follows  the  seventh,  save  in  this,  that  it  states  that  the  Mary  is  to 
be  employed  to  cruise  against  "citizens  of,"  and  not,  as  in  the  latter  count,  the  "  Re- 
public of  the  United  States  of  America." 

Counts  from  nine  to  sixteen  inclusive  are  mere  transcripts  of  the  first  eight  counts, 
except  in  stating  the  offense  charged  to  be  "to  arm" instead  of  "to  equip." 

Counts  from  seventeen  to  twenty-four  are  similarly  framed,  but  charge  an  "  attempt 
and  endeavor  to  equip,"  in  lieu  of  "  to  equip."  • 

Counts  from  twenty-four  to  thirty-two  are  transcripts  of  the  first,  second,  third, 
fourth,  fifth,  sixth,  seventh,  and  eighth  counts,  with  the  words  "  did  equip"  left  out, 
and  the  words  "  did  attempt  and  endeavor  to  arm  "  inserted  instead. 

With  respect  to  the  last  thirty-two  counts  of  the  information,  I  have  already  men- 
tioned that  they  contain  charges  similar  to  those  embodied  in  the  first  thirty-two 
counts,  with  the  single  exception  that  the  several  offenses  in  the  various  counts  set 
forth  are  stated  to  have  been  committed  at  Nassau  in  lieu  of  the  Bermuda  Islands. 
The  only  difference,  therefore,  between  the  two  sets  of  counts  consists  in  the  place 
where  the  violations  of  the  statute  are  alleged  to  have  happened. 

The  seizure  of  the  steamship  Mary,  and  certain  articles  lately  on  board  of  her,  was 
made  on  the  13th  December,  1864,  by  the  Honorable  John  d'Auvergne  Dumaresq,  Her 
Majesty's  receiver-general  and  treasurer  and  chief  revenue  officer  for  the  Bahama  Isl- 
ands ;  and,  on  the  12th  January,  1865,  a  claim  was  put  in  by  a  certain  Edward  Mont- 
gomery Collier,  ou  behalf  of  Henry  Lafone,  of  the  city  of  Liverpool,  merchant,  as 
"  the  true,  lawful,  and  sole  owner  and  proprietor  of  the  said  steamship  Mary,  her 
tackle,  apparel,  and  furniture;  and  on  behalf  of  certain  persons  trading  and  carrying 
on  business  as  a  mercantile  firm  at  Halifax,  in  the  province  of  Nova  Scotia,  under  the 
style  of  B.  Weir  &  Co.,  as  the  true,  lawful,  and  sole  owners  of  six  cases,  one  cask,  and 
one  bale  of  merchandise,  marked  as  follows :  one  case  S  D  it,  one  bale  and  two  cases 
marked  H  H,  one  cask  marked  P  H,  two  cases  and  one  box  marked  J  R  H  ;  and  on 
behalf  of  J.  H.  Phinizy,  of  the  town  of  St.  George's,  in  the  Island  of  Bermuda,  as  the 
true  and  lawful  and  sole  owner  of  three  cases  of  merchandise  and  of  four  bundles  of 
canvas  marked  J  R,  and  of  two  cases  of  merchandise  marked  J — R  H,  and  of  three 
cases  of  merchandise  marked  O  C,  the  said  cases,  bales,  cask,  box,  and  bundles  being, 
as  alleged,  the  cargo  of  the  said  ship  Mary. 

On  the  14th  February,  1865,  the  information  in  the  cause  was  filed.    The  nature  of 


BRITISH    CASE    AND    PAPERS.  343 

the  several  counts  in  it  I  have  already  explained.  On  the  21st  of  March  following 
a  responsive  plea  to  the  said  information  was  put  in  by  Mr.  Burnside,  in  the  name  and 
as  the  lawful  proctor  of  Edward  Montgomery  Collier,  the  master  of  the  said  steam- 
ship or  vessel  called  the  Mary,  for  and  on  behalf  of  the  owner  of  the  said  steamship, 
her  tackle,  apparel,  and  furniture,  and  of  the  owners  of  certain  packages  of  inerchan-* 
dise  being,  as  alleged,  the  cargo  of  the  said  ship.  By  the  responsive  plea  the  claimants 
traversed  all  the  material  allegations  contained  in  the  information  ;  in  other  words, 
the  said  several  persons  charged  in  the  information  with  specific  violations  of  the  Brit- 
ish foreign-enlistment  act,  placed  on  record  their  positive  denial  of  the  truth  of  all  the 
charges,  and  put  the  Crown  to  the  proof  thereof. 

Before  proceeding  to  state  the  nature  of  the  evidence  legally  necessary  to  support 
the  information,  and  to  establish  such  a  violation  of  the  statute  in  question  as  would, 
and  ought  to,  occasion  a  forfeiture  of  the  Mary,  and  the  articles  already  referred  to,  I 
will  read  the  all-important  seventh  section.     It  is  in  these  words: 

"That  if  any  person  within  any  part  of  the  United  Kingdom,  or  in  any  part  of  His 
Majesty's  dominions  beyond  the  seas,  shall,  without  the  leave  and  license  of  His  Maj- 
esty for  that  purpose  first  had  and  obtained,  as  aforesaid,  equip,  furnish,  fit  out,  or  arm, 
attempt  or  endeavor  to  equip,  furnish,  fit  out,  or  arm,  or  procure  to  be  equipped,  fur- 
nished, fitted  out,  or  armed,  or  shall  knowingly  aid,  assist,  or  be  concerned  in  the  equip- 
ping, furnishing,  fitting  out,  or  arming  of  any  ship  or  vessel,  with  intent  or  in  order 
that  such  ship  or  vessel  shall  be  employed  in  the  service  of  any  foreign  prince, 
[291]*state,  or  potentate,  or  of  any  foreign  colony,  province,  or  part  of  any  province  ■ 
or  people,  or  of  any  person  or  persons  exercising,  or  assuming  to  exercise,  any 
powers  of  government,  in  or  over  any  foreign  state,  colony,  province,  or  part  of  any 
province,  or  people,  as  a  transport  or  storeship,  or  with  intent  to  cruise  or  commit 
hostilities  against  any  prince,  state,  or  potentate,  or  against  the  subjects  or  citizens  of 
any  prince,  state,  or  potentate,  or  against  the  persons  exercising,  or  assuming  to  exer- 
cise, the  powers  of  government  in  any  colony,  province,  or  part  of  any  province  or 
country,  or  against  the  inhabitants  of  any  foreign  colony,  province,  or  part  of  any  pro- 
vince or  country  with  whom  His  Majesty  shall  not  then  be  at  war,  or  shall  within  the 
United  Kingdom,  or  any  of  His  Majesty's  dominions,  or  in  any  settlement,  colony,  ter- 
ritory, island,  or  place  belonging  or  subject  to  His  Majesty,  issue  or  deliver  any  com- 
mission for  any  ship  or  vessel,  to  the  intent  that  such  ship  or  vessel  shall  be  employed 
as  aforesaid,  every  person  so  offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction  thereof,  upon  any  information  or  indictment,  be  punished  by 
fine  and  imprisonment,  or  either  of  them,  at  the  discretion  of  the  Court,  in  which 
such  offender  shall  be  convicted,  and  every  such  ship  or  vessel,  with  the  tackle,  apparel, 
and  furniture,  together  with  all  the  materials,  arms,  ammunition,  and  stores  which 
may  belong  to,  or  be  on  board  of  any  ship  or  vessel,  shall  be  forfeited ;  and  it  shall  be 
lawful  for  any  officer  of  His  Majesty's  customs  or  excise,  or  any  officer  of  His  Majesty's 
navy,  who  is  by  law  empowered  to  make  seizures  for  any  forfeiture  incurred  under 
any  of  the  laws  of  customs  or  excise,  or  the  laws  of  trade  or  navigation,  to  seize  such 
ships  and  vessels  aforesaid  ;  and  in  such  places,  and  in  such  manner,  in  which  the  offi- 
cers of  His  Majesty's  customs  or  excise,  and  the  officers  of  His  Majestys  navy,  are  em- 
powered respectively  to  make  seizures,  under  the  laws  of  customs  and  excise,  or  under 
the  laws  of  trade  and  navigation ;.  and  that  every  such  ship  and  vessel,  with  the 
tackle,  apparel,  and  furniture,  together  with  all  the  materials,  arms,  ammunition,  and 
stores  which  may  belong  to,  or  be  on  board  of  such  ship  or  vessel,  may  be  prosecuted 
and  condemned  in  the  like  manner,  and  in  such  courts  as  ships  or  vessels  may  be  pro- 
secuted and  condemned  for  any  breach  of  the  laws  made  for  the  protection  of  the  rev- 
enues of  customs  and  excise,  or  of  the  laws  of  trade  and  navigation." 

So  far  as  the  present  information  is  concerned,  it  therefore  becomes  the  duty  of  the 
Crown  to  prove  to  my  satisfaction,  sitting  in  this  court  as  I  do,  as  the  judge  of  the  fact 
as  well  as  of  the  law,  that  one  of  the  persons  referred  to  in  that  information,  did,  in  a 
part  of  Her  Majesty's  dominions,  to  wit,  in  the  Bermuda  Islands,  or  Nassau,  without 
the  leave  and  license  of  Her  Majesty,  equip,  or  arm,  or  attempt  or  endeavor  to  equip, 
or  attempt  or  endeavor  to  arm  the  Mary,  with  intent.and  in  order  that  such  ship  should 
be  employed  in  the  service  of  the  Confederate  States,  with  intent  to  cruise  and  com- 
mit hostilities  against  the  United  States  of  America. 

The  Queen's  proclamation  of  neutrality  of  the  13th  May,  1861,  warning  all  persons 
not  to  infringe  the  provisions  of  the  foreign-enlistment  act,'- was  in  proof. 

While  at  this  stage  of  my  judgment,  and  before  passing  on  to  the  evidence  in  the 
case,  I  am  induced  to  cite,  as  singularly  appropriate,  the  following  remarks  of  Baron 
Channel,  delivered  by  him  in  the  court  of  exchequer,  when  pronouncing  his  judgment 
in  the  case  of  the  Alexandra  :  "  We  may,  therefore,  still  further  reduce  the  words  we 
have  to  construe  to  these,  '  equip  with  intent  or  in  order  that  the  vessel  shall  be  em- 
ployed in  the  service  of  a  foreign  power,  with  intent  to  cruise  or  commit  hostilities." 
It  is  admitted,  I  think,  on  all  sides,  that  these  are  the  words  upon  which  the  main 
question  in  the  case  turns.  Now,  it  is  clear  that  the  offense  created  by  these  words  is 
one  consisting  of  an  act  done  with  a  certain  intent  or  purpose.     The  act  and  the  intent 


344  TREATY    OF    WASHINGTON. 

must  both  be  present  to  constitute  the  offense,  and  the  act  must  be  done,  and  the  in- 
tent must  exist,  in  the  Queen's  dominions.     It  is  also,  I  think,  agreed  on  both  sides, 
that  the  intent  spoken  of  must  be  the  intent  of  some  person  who' has  control  over  the 
%  vessel,  so  as  to  be  able  to  carry  out  his  intent  or  purpose." 

Chief  Baron  Pollock,  in  delivering  his. judgment  in  the  same  case,  thus  speaks  upon 
this  point:  ''Then  the  question  arises,  Whose  intent  does  this  information  mean?  Who 
is  it  that  the  information  charges  with  an  intent  to  cruise  and  commit  hostilities  ?  Ac- 
cording to  all  the  rules  of  pleading,  it  must  be  the  intent  of  the  person  committing 
the  act,  and  this  would  make  all  the  counts,  in  substance,  to  mean  much  the  same 
thing  with  reference  to  the  intent." 

Upon  the  question  of  intent  I  may  also  quote  the  observations  of  Baron  Pigott  on 
the  same  occasion.  That  learned  judge  thus  "expresses  himself:  "This  intent  I  take 
to  mean  an  intent  of  the  principal,  (who  has  the  control  of  the  ship),  having  directly  for 
its  object  the  employment  of  the  vessel  by  a  foreign  state,  or  in  the  equipper  a  like  in- 
tent, and  with  such  intent  contributing  equipments  of  some  kind,  necessary  to 
[292]  such*  employment."  Again,  in  another  part  of  his  judgment,  "In  my  view,  the 
prohibited  intent  is  the  main  ingredient ;"  and  his  lordship  adds,  "  and  any  act 
of  equipping  done  in  furtherance  of  that  intent  constitutes  the  whole  offense." 

Having  already  remarked  generally  what  it  devolved  upon  the  Crown  to  prove,  I 
shall  further  state  my  views  more  in  detail.  The  evidence  to  be  adduced  should  con- 
sist: first,  of  acts  done  to  or  with  reference  to  the  ship  ;  and  secondly,  of  the  intent 
with  which  the  acts  were  done. 

The  acts  charged  are  four :  equipping,  arming,  attempted  equipment,  and  attempted 
armament. 

The  prohibited  intent  is  the  intended  employment  of  the  Mary  in  the  service  of  the 
Confederate  States,  against  the  United  States,  for  the  purpose  of  aggression. 

"Equipping"  and  arming,  within  the  statute,  I  take  to  mean  for  a  warlike  purpose. 
As  regards  attempting  to  equip,  or  attempting  to  arm,  it  was  conceded  by  both  sides 
in  the  course  of  the  argument,  that  those  offenses  consist  in  the  attempting  such  an 
equipment  or  such  an  armament,  as,  if  completed,  would  amount  to  the  principal  of- 
fense. 

I  shall  now  proceed  to  state  and  deal  with  the  facts  of  this  case  as  disclosed  in  the 
evidence  before  the  court. 

The  steamship  Mary,  originally  and  better  known  as  the  Alexandra,  was,  under 
that  name,  seized  some  time  ago,  at  Liverpool,  for  an  alleged  violation  of  certain  pro- 
visions of  the  British  foreign-enlistment  act.  Proceedings  were  then  taken  against 
her,  at  the  instance  of  the  Crown,  on  the  revenue  side  of  the  court  of  exchequer,  with 
a  view  to  her  condemnation.  Those  proceedings,  however,  terminated  adversely  to 
the  Crown,  and  the  ship  was  released.  On  the  14th  of  July,  in  the  past  year,  she 
was  registered  at  the  port  of  Liverpool  by  the  name  of  the  Mary,  as  British-built  at  Liv- 
erpool, in  the  county  of  Lancaster,  in  1883:  and,  according  to  the  certificate  of  her  reg 
istry,  Henry  Lafone,  of  Liverpool,  in  the  county  of  Lancaster,  merchant,  was  the  soie 
owner,  and  Edward  Montgomery  Collier  the  master  of  the  ship.  How  she  became  the 
property  of  Mr.  Lafone  is  not  in  evidence.  On  the  17th  of  July  she  left  Liverpool  for 
the  Bermuda  Islands,  and  would  appear  to  have  stopped  at  Madeira  on  her  way,  so 
that  she  did  not  arrive  off  the  port  of  St.  George,  Bermuda,  till  the  30th  of  August. 
She  did  not  enter  the  port,  and  the  reason  for  not  doing  so  is  to  be  found  in  the  evi- 
dence of  Mr.  Phinizy,  of  the  Confederate  States.  He  was  examined  as  a  witness  on  be- 
half of  the  claimants — he  being  one  of  them — and  thus  swears  :  I  am  a  merchant.  Up 
to  the  mouth  of  January  (last)  I  was  carrying  on  business  at  the  island  of  Bermuda. 
I  know  the  steamship  called  the  Mary.  She  is  owned  by  Henry  Lafone.  I  don't  know 
how  he  became  the  owner  of  her.  I  know  that  he  is  the  owner  by  her  register,  and 
from  his  instructions  to  me.  The  Mary  arrived  at  Bermuda  last  year.  She  did  not 
enter  the  port.  I  went  out  and  told  the  captain  that,  as  the  fever  was  so  bad,  I  had 
determined  to  send  him  to  Halifax.  I  had  instructions  from  her  owner  to  load  her 
and  send  her  to  Charleston,  but,  in  consequence  of  the  epidemic,  I  thought  it  madness 
to  allow  her  to  enter  at  St.  George's.  I  therefore  sent  her  to  Halifax.  Nothing  was 
done  with  her  then,  except  to  send  her  to  Halifax.  Captain  Collier  was  the  master  of 
her.  Mr.  Phinizy,  in  fact,  was  Mr.  Lafoue's  agent  at  Bermuda,  and  the  merchant  to 
whom  the  Mary  was  consigned.  In  his  examination-in-chief  he  states  :  "A  pilot  had 
been  engaged  to  take  the  Mary  into  Charleston  and  had  received  his  advance."  Fur- 
ther on  :  "  The  pilot  originally  engaged  for  her,  left  when  she  was  ordered  to  Halifax." 
In  Mr.  Phinizy's  cross-examination,  he  says :  "  The  pilot  referred  to  was  engaged  in 
England  by  Mr.  Lafone.  He  did  not  come  out  in  the  Mary.  He  came  in  the  Owl.  I 
think  his  name  was  Rumley.  He  brought  me  his  agreement  with  Mr.  Lafone.  I 
think  he  was  at  Bermuda  when  the  Mary  tirst  arrived  there.  The  Mary  was  sent  on  to 
Halifax,  and,  as  she  wasmot  expected  until  after  the  epidemic  had  ceased,  he  said  that 
he  could  not  wait  so  long.  He  had  left  before  the  Mary  returned  a  second  time."  On 
the  31st  of  August,  then,  the  Mary,  without  entering  the  port  of  St.  George,  left  for 
Halifax,  and  arrived  there  shortly  "after.     She  must  have  remained  at  that  port  about 


BRITISH    CASE    AND    PAPERS.  345 

eight  weeks,  as  she  did  not  quit  it  till  the  5th  of  November,  when  she  started  for  Ber- 
muda. It  is  important  to  consider  what  occurred  at  Halifax  in  that  interval  of  time. 
What  were  Captain  Collier's  movements  !  We  are  enabled  to  ascertain  them  from  Mr. 
Phinizy's  evidence.  That  gentleman,  when  cross-examined,  says:  "  Captain  Collier, 
after  the  arrival  of  the  vessel  (alluding  to  the  Mary)  at  Halifax,  went  to  England  and 
returned,  joined  the  Mary  at  Halifax,  and  came  down  to  Bermuda  with  her.  He  then 
told  me  he  had  orders  to  take  her  by  the  way  of  Nassau.  I  did  not  receive  any  written 
instructions  from  Mr.  Lafone ;  he  (Captain  Collier)  came  direct  and  communicated  it 
to  me.  I  was  acquainted  with  Captain  Collier;  he  had  brought  out  asteamer  be- 
[293]*  fore  for  Mr.  Lafone — the  Little  Hattie."  It  thus  appears  that  Captain  Collier, 
one  of  the  parties  charged  in  the  information,  did,  while  the  Mary  lay  in  the  port 
of  Halifax,  visit  England,  and  communicated,  either  directly  or  indirectly,  with  Mr. 
Lafone,  the  sole  registered  owner  of  the  Mary,  and  who  is  also  one  of  the  parties 
charged,  in  the  information,  respecting  that  vessel's  movements. 

On  the  5th  November,  1864,  Captain  Collier  cleared  the  Mary  at  the  custom-house 
at  Halifax,  "  for  Nassau,  New  Providence,  via  Bermuda,  having  on  board  eight  cases 
dry-goods,  two  cases  whisky,  one  case  Old  Tom  gin,  two  cases  hock,  four  cases  brandy, 
three  cases  champagne,  two  cases  claret,  one  barrel  ale,  one  barrel  porter,  one  barrel 
crushed  sugar,  one  half-chest  tea,  one  box  paraffiue  candles,  ex-warehouse."  I  shall  not 
stop  now  to  inquire  what  were  the  contents  of  the  eight  cases  of  dry-goods.  It  is 
better  that  I  should  do  so  hereafter.  Suffice  it  to  say,  that  the  Mary,  "  mounted  with 
no  guns,  and  navigated  with  twenty-four  men,"  left  Halifax,  and  she  arrived  at  St. 
George's,  Bermuda,  on  the  14th  November.  She  continued  there  till  the  24th  of  that 
month.  For  the  Crown  it  was  most  important  to  ascertain  and  prove  what  was  done 
to  or  with  reference  to  the  ship,  during  that  period,  within  the  Bermuda  Islands.  Was 
she  then  and  there  equipped,  or  armed,  or  attempted  to  be  equipped,  or  armed?  Let  us 
see.  From  her  clearance  at  the  port  of  St.  George — one  of  the  documents  put  in  evi- 
dence hy  the  Crown — it  is  to  be  collected  that  while  there  she  took  on  board  "  twelve 
packages  merchandise"— the  contents  not  being  stated.  We  are  enabled,  however,  to 
ascertain  what  those  packages  really  contained  by  a  reference  to  Captain  Collier's 
affidavit,  made  in  support  of  his  claim,  which  embodies  admissions  on  his  part  of  the 
numbers  of  the  packages  put  on  board  the  Mary  at  the  Bermuda  Islands,  and  the 
marks  on  the  several  packages  ;  and  by  a  further  reference  ,to  the  evidence  of  the 
receiver-general  of  the  Bahama  Islands,  who,  after  the  packages  arrived  in  the  Mary 
at  Nassau,  had  them  opened  and  examined.  The  contents  of  the  several  packages 
were  as  follows : 

"One  case  marked  O  C." 

As  to  this  Mr.  Dumaresq  says  :  "The  case  was  then  partially  opened,  and  I  discov- 
ered a  small  gun  with  appurtenances  complete."  Again :  "  I  re-examined  the  gun, 
and  found  that  it  was  not  only  mounted  on  wheels,  but  that  there  was  an  iron  tray  on 
which  the  gun  was  made  to  traverse.  This  tray-  had  eye-bolts — two  on  either  side." 
Mr.  Dumaresq  goes  on  :  "  One  case  marked  O  C  2,  contained  shell,  one  of  which  (the 
one  now  in  court)  I  saw  placed  in  the  muzzle  of  the  gun  before  alluded  to,  and  found 
that  it  was  made  to  fit  the  groove  in  the  bore  of  the  gun  ;  I  further  examined  case 
marked  O  C  3,  in  which  I  found  canister-shot.  The  one  now  in  court  was  one  of  them, 
which  I  also  saw  fitted  in  the  muzzle  of  the  gun. 

"  Two  cases  marked  J  R  -£•. 

"  These  cases  contained  iron  hammock-racks,  one  of  which  I  produce.  I  would  here 
state,"  (adds  Mr.  Dumaresq)  "  that  I  took  one  of  the  hammock-racks  on  board  of  the 
Mary,  and  ascertained  that  it  fitted  the  sockets  or  staples  in  the  side  of  the  vessel.  A 
case  marked  J  R  3,  also  contained  iron  hammock-racks,  and  iron  handles  for  screws  of 
side-lights. 

"  Four  bundles  of  canvas  hammocks. 

"  Two  other  cases  marked  J  R  H  £  were  opened,  and  fouud  to  contain  stationery." 
There  can  be  no  doubt,  therefore,  that  warlike  equipments  of  some  kind  and  muni- 
tions of  war  were  put  on  board  the  Mary  within  the  Bermuda  Islands.  On  the  part 
of  the  Crown  it  is  contended  that  the  articles  so  put  on  board  were  to  form  a  part  of 
the  armament  and  warlike  equipment  of  the  Mary.  On  the  side  of  the  claimants, 
there  is  the  adverse  contention  that  the  contents  of  the  several  packages  formed  a  part 
of  the  carg»  of  the  Mary,  while  engaged  on  a  regular  and  lawful  commercial  voyage 
from  Halifax  via  Bermuda,  to  Nassau,  with  the  ultimate  intention  of  proceeding  to  the 
port  of  Charleston,  and  there  entering  by  breaking  the  blockade.  In  order  to  connect 
the  persons  referred  to  in  the  information  with  the  articles  in  question,  let  us  inquire 
who  sent  them  to  the  Bermuda  Islands  ?  In  what  vessel  were  they  sent  ?  To  whom 
were  they  sent  ?  What  instructions  had  the  consignee  respecting  them  ?  And  who 
put  or  had  them  x>ut  on  board  the  Mary  at  St.  George's  !  Mr.  Phinizy's  evidence  sup- 
plies the  answers  to  these  several  questions.  Mr.  Lafone,  the  sole  registered  owner  of 
the  Mary,  being  one  of  the  persons  charged  in  the  information,  was  the  person  who 
sent  the  whole  of  these  articles  in  the  steamer  Powerful  to  the  Bermuda  Islands,  to 
his  agent  there,  Mr.   Phinizy — another  of  the  persons  charged  ;  and  who  instructs  the 


346  TREATY    OF    WASHINGTON. 

latter  to  ship  them  on  hoard  the  Mary  for  Charleston ;  and  Captain  Collier,  the  com- 
mander of  the  Mary — a  third  party  charged — was  the  person  to  select,  out  of  a  quan- 
tity of  articles  sent  out  hy  Mr.  Lafone  to  Mr  Phinizy  for  shipment  in  the 
[294]  *Mary,  ten  out  of  the  twelve  packages  of  merchandise,  the  remainiug  two  cases 
consisting  of  stationery,  and  belonging  to  Lieutenant  Hamilton,  of  the  Confed- 
erate States  navy.  Mr.  Phinizy,  in  that  part  of  his  examination  which  relates  to  the 
non-shipment  hy  him  in  the  Mary  of  all  the  packages  sent  out  to  him  hy  Mr.  Lafone 
in  the  Powerful  for  that  purpose,  thus  accounts  for  it.  He  says  "  she  "  (the  Mary) 
"  returned  from  Halifax  to  Bermuda,  in  the  month  of  December,  I  think;"  (it  was  in 
November  she  returned,)  "  and  she  reported  to  me  as  the  agent  of  Henry  Lafone.  There 
was  a  large  amount  of  goods  lying  there  which  I  was  ordered  to  ship  in  the  steamer 
Mary  to  Charleston ;  the  capta  jn,  however,  informed  me  that  he  could  not  begin  to 
take  the  cargo — that  the  ship  was  entirely  inadequate  to  take  that  amount  of  cargo — 
and  I  merely  shipped  in  her  a  few  packages."  Further  on  the  Avitness  says,  "  I  think 
there  are  some  packages  among  them  belonging  to  Mr.  Hamilton,  so  he  told  me.  They 
were  included  amongst  the  goods  received  by  the  steamer  Powerful  for  re-shipment  to 
the  Mary.  When  the  whole  cargo  could  not  be  taken  on  board,  I  received  a  note  from 
Mr.  Hamilton  to  have  these  packages  put  on  board  of  the  Mary  for  Charleston,  as  I 
supposed.  Mr.  Hamilton  had  no  control  at  all  over  the  steamship  Mary."  Upon  being 
cross-examined  as  to  this  note,  the  witness  adds,  "I  received  a  note  from  Halifax  from 
Mr.  Hamilton,  requesting  me  to  put  a  few  packages  on  board,  which  he  particularly 
designated  to  me  as  belonging  to  him  when  he  was  at  Bermuda."  How  Mr.  Hamilton 
got  to  Bermuda,  whither  he  went  after  leaving  there,  and  who  he  was,  I  collect  from  a 
previous  part  of  Mr.  Phinizy's  cross-examination,  where  he  says  :  "  Mr.  Hamilton  did 
not  come  passenger  in  the  Powerful.  He  arrived  at  Bermuda  in  the  steamer  Owl,  and 
went  on  in  her  to  Halifax.  I  believe  he  was  an  officer  in  the  confederate  navy  ;  he 
had  been  in  England  for  two  or  three  years."  The  time  of  the  Owl's  arrival  at  Ber- 
muda— that  other  departure  thence  for  Halifax — the  period  of  her  arrival  at  the  latter 
place,  or  what  became  afterward  of  Lieutenant  Hamilton,  of  the  Confederate  States 
navy,  I  am  unable  to  collect  from  the  evidence  before  me. 

I  come  now  to  what  was  done  to  the  steamship  Mary,  herself  at  Bermuda.  Outer- 
bridge,  the  chief  mate  of  the  Mary,  who  was  examined  on  behalf  of  the  claimants,  in 
his  cross-examination,  thus  swears:  "While  we  lay  in  Bermuda  the  ship  took  in  a 
fresh  supply  of  coal.  Some  berths  were  fitted  up,  that  is,  my  state-room  was  fitted  up. 
The  mate,  second  mate,  and  engineers'  rooms  were  built  up.  The  carpenters  worked 
so  badly  that  the  captain  ordered  no  more  work  to  be  done.  They  were  carpenters 
from  the  shore ;  there  were  eight  or  ten  of  them.  There  was  an  ice-box  made.  There 
was  plenty  of  work,  as  on  board  other  ships.  Tuesday,  the  15th  November,  was  the 
day  we  arrived  at  Bermuda,  and  we  left  on  Thursday,  the  24th.  On  looking  at  the 
log-book,  I  find  that  on  Wednesday,  the  16th  November,  there  were  sixteen  carpenters 
employed ;  they  were  employed  four  days  ;  they  refitted  the  berths  ;  they  put  up  some 
new  ones ;  the  firemen  objected  to  living  in  the  forecastle ;  and  the  captain  ordered 
berths  to  be  put  up  in  the  forehold  for  them.  The  berths  were  not  quite  finished  when 
we  left  Bermuda." 

With  regard  to  the  exact  number  of  berths  found  to  be  on  board  the  Mary,  a  few 
days  after  her  arrival  at  Nassau  from  Bermuda,  McGregor,  the  customs  boarding- 
officer  at  the  former  place,  thus  speaks:  "I  went  down  the  main  hatchway  and  saw 
four  berths  on  the  day  I  have  just  hereinbefore  referred  to,  and  some  lumber,  worked, 
planed,  and  grooved,  for  the  purpose  of  making  partitions.  I  saw  two  doors  for  a 
state-room.  There  was  a  piece  of  lumber  nailed  to  the  beams,  for  the  purpose  of  put- 
ting up  this  partition,  to  form  a  state-room  each  side  of  the  vessel.  I  saw  thirty- six 
berths  in  all,  twelve  on  deck  forward,  sixteen  below  deck  forward,  four  in  the  main 
hatchway,  and  four  on  deck  in  the  house  forward,  called  the  engineer's  room.  These 
do  not  include  the  officers'  rooms  on  each  side  of  the  deck  aft,  and  the  cabins.  When 
I  went  below  there  was  no  one  in  the  hatch  ;  there  were  boards  which  had  been 
planed  and  grooved  for  the  purpose  of  putting  up  a  state-room.  They  were  appa- 
rently new  berths  that  were  in  the  main  hatchway  ;  they  were  not  painted." 

I  have  thus  stated,  at  some  length,  such  parts  of  the  evidence  introduced  in  the 
cause  as  go  to  establish  the  fact  that  a  gun  and  other  munitions  of  war  were  placed 
on  board  of  the  Mary  at  Bermuda  ;  and  the  further  fact  that  the  Mary  was  otherwise 
equipped  at  the  same  place. 

The  acts  of  armament,  and  the  acts  of  equipment,  indicated  by  the  evidence  just 
cited  by  me,  are  relied  on  by  the  attorney-general  to  sustain  two  most  important 
legal  positions  which,  in  the  course  of  the  argument,  he  took  up,  and  enforced  with 

much  ability. 
[295]    *I  shall  reverse  the  order  in  which  he  enunciated  them,  as,  by  so  doing,  I  shall 
place  them  in  the  same  order  in  which  I  have  referred  to  the  evidence. 

One  is  "  that  the  placing  on  board  of  a  vessel  at  any  British  port  of  arms,  or  other 
munitions  of  war,  with  the  intent  that  such  vessel  shall  subsequently  be  employed  as 
a  cruiser  in  contravention  of  the  statute,  constitutes  an  arming  within  the  meaning  of 


BRITISH    CASE    AND    PAPERS.  347 

the  statute,  and  forfeits  the  vessel,  although,  from  the  construction  of  the  vessel  or  the 
incompleteness  of  the  armament,  she  cannot  he  effectively  employed  as  a  vessel  of 
war  until  some  alteration  is  made  in  her  structure,  or  some  other  munitions  of  war  are 
added  to  those  already  on  board." 

With  reference  to  the  construction  of  the  Mary,  and  the  alterations  which  would  he 
necessary  to  fit  her  completely  for  war,  I  shall  hereafter  have  occasion  to  consider  the 
important  testimony  of  several  officers  of  the  British  navy,  who,  after  having  inspected 
the  Mary,  and  the  gun  in  question,  were  examined  in  the  cause.  I  would  also  remark 
here,  that  no  gunpowder  was  found  on  hoard  the  Mary,  nor  was  there  the  slightest 
evidence  of  any  having  been  put  on  hoard. 

Another  position  taken  up  by  the  attorney-general  was  this:  "that  anything  done 
within  the  British  dominions  to  a.  vessel  already  built,  although  not  actually  in  itself 
an  equipment  for  warlike  purposes,  if  done  with  the  intent  that  the  vessel  shall  be 
employed  for  any  purposes  prohibited  by  the  statute,  notwithstanding  that  such  em- 
ployment shall  not  commence  or  be  intended  to  commence  until  she  is  out  of  the  ter- 
ritorial jurisdiction  of  the  British  Crown,  works  a  forfeiture  under  the  statute." 

The  attorney-general,  in  short,  urged  upon  the  court  "  that  it  is  not  necessary,  for 
the  purpose  of  working  a  forfeiture  under  the  seventh  section  of  the  statute,  that  there 
should  be  either  a  complete  equipment  or  a  complete  armament." 

On  the  other  hand,  it  was  contended  by  Mr.  Burnside,  the  counsel  of  the  claimants, 
"  that  there  must  be  a  complete  equipment,  or  a  complete  armament,  putting  the  ship 
in  a  condition  of  proximate  hostilities ;"  "  that  the  putting  on  board  of  arms  or  ammu- 
nition could  not  work  the  forfeiture  of  the  vessel  unless  they  were  intended  to  be  the 
fittings,  equipment,  or  arming  of  the  vess*el — although,  at  the  time  they  were  put  on 
board,  there  was  an  intent  that  the  vessel  should  cruise  or  commit  hostilities ;"  and 
"  that  the  equipment  must  be  of  a  warlike  character — in  other  words,  suitable  and 
appropriate  for  war." 

The  learned  counsel  also  denied  the  existence  of  the  intent  charged  in  the 
information. 

Now,  inasmuch  as  the  existence  of  the  intent  with  which  the  acts  were  done  is  one 
of  the  main  ingredients  of  the  offense,  without  which  no  forfeiture  of  the  vessel  can 
occur,  it  is  all-important  that  I  should  consider  at  once  whether  or  not  any  evidence, 
direct  or  indirect,  positive  or  circumstantial,  has  been  brought  forward  which  ought 
to  satisfy  me,  as  judge  of  the  fact,  standing  in  the  place  of  a  jury,  that  such  an  intent 
as  that  charged,  and  prohibited  by  the  statute,  did  exist. 

It  will  be,  of  course,  unnecessary  for  me  to  determine  whether  I  do,  or  do  not,  con- 
cur in  the  two  propositions  of  the  law  advanced  by  the  attorney-general,  and  which  I 
have  just  quoted  in  extenso,  until  I  find,  as  a  fact  in  the  cause,  the  intent  assumed  in 
both  those  propositions  to  exist — by  which  I  mean  "the  intent  that  the  vessel  shall  be 
employed  as  a  cruiser  in  contravention  of  the  statute." 

To  illustrate  the  necessity  of  finding  that  intent,  I  would  here  remark  that  it  is  quite 
competent  and  lawful  for  a  neutral  to  sell,  and  also  to  carry  to  a  belligerent  power, 
munitions,  and  other  articles  contraband  of  war,  subject,  of  course,  to  the  right  of  the 
other  belligerent  to  capture  them  in  transitu,  and  confiscate  them.  That  is  the  only 
penalty.  Moreover,  it  has  been  solemnly  decided,  in  a  court  of  competent  jurisdiction 
in  the  United  States — I  allude  to  the  case  of  the  Independencia,  reported  in  7  Whea- 
ton — that  a  neutral  may  even  build  a  ship  of  war,  and  completely  arm  her,  and  then 
carry  and  sell  her  to  a  belligerent  power,  in  the  absence  of  the  intent  prohibited  by  the 
American  foreign-enlistment  act — that  such  an  armed  vessel  would  only  be  contraband 
of  war  and  liable,  as  such,  to  capture.  In  the  case  of  the  Alexandra,  to  which,  in  the 
earlier  part  of  my  judgment  I  had  occasion  to  refer,  Pollock,  C.  B.,  concurred  in  that 
view  of  the  law— as  being  not  only  the  law  of  the  United  States  but  of  England  ; 
and  since  the  close  of  the  argument  in  this  case  on  Tuesday  last  I  have  had  the  oppor- 
tunity afforded  me,  by  the  arrival  of  the  mail  from  England,  of  reading  an  elaborate 
decision  of  the  lord  chancellor,  in  the  court  of  chancery,  delivered  as  recently  as  the 
22d  of  April  last — I  refer  to  the  case  of  Chavassers.  Grazebrook — in  which  that  learned 
lord,  after  quoting  from  Vattel,  thus  expresses  himself:  "  The  same  doctrine  as- 
[296]  to  the  freedom  of  the  commerce  of  the  *neutral  subject,  is  more  explicitly  stated 
by  Mr.  Chancellor  Kent,  in  the  first  volume  of  his  'Commentaries,'  page  142,  and 
was  more  distinctly  affirmed  in  a  celebrated  decision  of  the  Supreme  Court  of  the 
United  States.  The  language  of  Chancellor  Kent  is  clear  and  comprehensive.  '  It  is  a 
general  understanding  grounded  on  true  principles,  that  the  powers  at  war  may  seize 
and  confiscate  all  contraband  goods  without  any  complaint  on  the  part  of  the  neutral 
merchant,  and  without  any  imputation  of  a  breach  of  neutrality  to  the  neutral  sover- 
eign himself.  It  was  contended,  on  the  part  of  the  French  nation  in  1796,  that  neu- 
tral governments  were  bound  to  restrain  their  subjects  from  selling  or  exporting  arti- 
cles contraband  of  war  to  the  belligerent  powers.  But  it  was  successfully  shown,  on 
the  part  of  the  United  States,  that  neutrals  may  lawfully  sell  at  home  to  a  belligerent 
purchaser,  or  carry  themselves  to  the  belligerent  powers  contraband  articles,  subject 
to  the  right  of  seizure  in  transitu.     Their  right  has  since  been  explicitly  declared  by 


348  TREATY    OF   WASHINGTON. 

the  judicial  authorities  of  this  country.  The  right  of  the  neutral  to  transport,  and  of 
the  hostile  power  to  seize,  are  conflicting  rights,  and  neither  party  can  charge  the 
other  with  a  criminal  act.'"  The  language  of  the  judgment  which  affirms  this,  as 
given  in  Wheaton's  Report,  is  the  following :  "  There  is  nothjng  in  our  laws,  or  in  the 
law  of  nations,  that  prohibits  our  citizens  from  sending  armed  vessels  as  well  as  muni- 
tions of  war  to  foreign  ports  for  sale.  It  is  a  commercial  adventure  which  no  nation 
is  bound  to  prohibit,  and  which  only  exposes  the  persons  engaged  in  it  to  the  penalty 
of  confiscation."  I  take  this  passage  to  be  a  very  correct  representation  of  the  present 
state  of  the  law  of  England  also.  For  if  a  British  ship-builder  builds  a  vessel  of  war 
in  an  English  port,  and  arms  and  equips  her  for  war  bona  fide  on  his  own  account,  as 
an  article  of  merchandise,  and  not  under  or  by  virtue  of  any  agreement,  understand- 
ing, or  concert  with  a  belligerent  power,  he  may  lawfully,  if  acting  bona  fide,  send  the 
ship  so  armed  and  equipped,  for  sale  as  merchandise,  to  a  belligerent  country,  and  will 
not  in  so  doing  violate  the  provisions  or  incur  the  penalties  of  the  foreign-enlist- 
ment act. 

In  taking  up  and  dealing  with  the  question  -of  aggressive  intent,  I  naturally  look 
first,  to  the  character  of  the  steamship  Mary,  and  her  adaptability  for  war;  secondly, 
to  the  nature  of  the  alleged  equipment  and  armament  received  by  her  at  the  Bermuda 
islands ;  and  lastly,  to  the  connection  of  the  several  persons  referred  to  in  the 
information  with  the  Mary,  with  such  equipping  or  arming,  and  with  the  Confederate 
States. 

Upon  the  first  point  I  would  refer  to  the  very  fair  and  straightforward  evidence  of 
Captain  Preston,  commanding  Her  Majesty's  ship  Medea.  That  officer  conclusively 
proves  the  adaptability  of  the  Mary  for  war.  He  says,  "I  arrived  in  Nassau  on  Fri- 
day, the  16th  of  December  last.  Shortly  after  my  arrival  I  saw  the  steamship  Mary  in 
the  harbor.  I  visited  that  vessel  in  company  with  some  officers  whom  I  appointed  to 
hold  a  survey,  at  the  requisition  of  the  Governor,  on  the  afternoon  of  Saturday,  the 
17th.  She  was  then  lying  off  the  barracks.  I  found  some  custom-house  officers  on 
board.  I  understood  she  was  then  under  seizure.  I  examined  her.  I  consider  she  is 
differently  constructed  from  ordinary  merchant- vessels ;  she  was  very  much  more 
strongly  built  and  not  adapted  for  carrying  large  cargo.  Her  topsides  are  very  much 
stronger  than  in  ordinary  merchant- vessels ;  they  are  quite  strong  enough  for  any 
necessary  equipment  for  warlike  purposes.  •  There  are  a  number  of  staples  in  her  side, 
apparently  fitted  for  hammock-berthing,  rails,  or  awning-stanchions.  I  did  not  see  on 
that  occasion  any  hammock-racks.  I  found  a  custom-house  officer  on  board.  He 
showed  me  what  I  believe  are  called  iron-crutches,  for  building  hammock-nettings  in. 
One  of  them  was  tried  in  the  staples  referred  to,  and  it  fitted.  Hammock -nettings  are 
used  on  board  ships  of  war  for  stowing  the  crew's  bedding  in  during  the  day.  I  have 
never  seen  such  fittings  on  board  of  merchant-vessels.  Her  upper  deck  was  stronger 
than  a  merchant-ship's.  Her  deck  is  strong  enough  to  bear  guns.  They  are  strong 
enough  to  bear  one  or  two  heavy  guns,  and  two  or  four  small  guns.  There  is  space  for 
the  larger  number  of  small  guns  mentioned.  I  don't  think  there  is  space  for  more 
than  one  large  gun  in  addition  to  four  small  ones.  I  found  tanks  on  board  of  her. 
There  were  six,  four  of  them  constructed  to  fit  the  shape  of  the  ship's  bottom  ;  the 
other  two  are  secured  to  the  side  of  the  fore-hold.  The  whole  of  them  would,  I  think, 
contain  about  600  gallons  of  water.  I  have  not  measured  them.  If  she  was  intended 
for  a  merchant- vessel,  they  would  occupy  space  used  in  merchant-ships  for  stowing 
cargo.  The  four  tanks  fitted  into  the  vessel  are  low  enough  to  allow  a  deck  to  be  built 
over  them.  There  were  air-scuttles  in  her,  in  the  fore  and  main  holds;  a  piece  of  cop- 
per was  nailed  over  each  of  them  outside.  They  are  not  usually  found  in  merchant- 
vessels.  This  morning  I  saw  on  board  of  her  screws  for  taking  in  and  out  the  scut- 
tles ;  they  were  shown  to  me  by  the  custom-house  officer.  They  apparently 
[297]  *  fitted  the  scuttles  on  board  of  the  Mary.  The  air-scuttles  are  in  a  position  to 
be  required  if  a  lower  deck  was  laid  in  her.  There  is  no  lower  deck  at  present. 
I  examined  the  cabins  and  deck-houses ;  they  were  built  strongly,  but  some  of  the 
bulkheads  of  the  midship  deck-house  were  built  over  the  holes  for  filling  the  coal- 
bunkers  ;  and  inside  the  side  cabins  are  three  cleets  and  bollards  on  the  ship's  side, 
which  could  not  be  used  while  the  cabins  are  there.  The  lockers  in  the  after-cabin 
cover  the  stern  hawse-pipes.  If  the  bollards,  cleets,  and  hawse-pipes  are  to  be  used, 
the  cabins  must  be  removed.  She  has  two  cooking  apparatuses,  sufficiently  large  to 
cook  for  sixty  men  and  officers.  I  say  men  and  officers,  because  one  more  resembles 
those  used  on  board  our  ships  of  war  for  officers,  having  a  range,  the  other  is  fitted 
more  for  boilers.  They  are  not  exactly  of  the  same  construction  as  the  cooking  appa- 
ratus used  on  board  our  ships  of  war.  From  my  inspection  of  her  I  am  of  opinion  that 
her  construction  is  more  like  that  of  a  war-vessel  than  a  merchant  one." 

As  to  the  structure  of  the  Mary,  Captain  Preston  is  corroborated  by  the  other  pro- 
fessional witnesses  called  for  the  purpose. 

With  respect  to  the  character  of  the  gun  put  on  board  the  Mary,  in  a  case  at  Bermu- 
da— brought  on  her  deck  in  that  case  to  Nassau,  subsequently  transferred  in  the  case 
from  her  deck  into  the  main  hold,  and  afterward  landed  here  in  the  case — Captain 


BRITISH    CASE    AND    PAPEES.  349 

Preston  thus  speaks :  "I  have  seen  a  gun  which.  I  understand  has  heen  seized  with  the 
Mary."  (Other  witnesses  prove  the  identity  of  the  gun  inspected  hy  Captain  Preston 
with  the  gun  taken  from  the  Mary.)  "  I  saw  it  at  the  barracks,  in  the  barrack-yard. 
I  examined  it.  It  was  a  small  rifled  gun  which  I  think  could  carry  about  a  12-pound 
shot.  It  was  fitted  with  field-carriage,  and  also  an  iron  slide-carriage.  It  is  capable 
of  being  used  on  board  ship.  It  is  capable  of  being  used  on  board  of  the  Mary." 
In  Captain  Preston's  cross-examination  he  adds  :  "  The  gun  in  question  is  a  fit 
gun  to  form  a  portion  of  the  armament  of  the  Mary.  The  carriage  is  not  sim- 
ilar to  those  used  in  our  service,  but  is  capable  of  being  used.  I  should  think 
it  was  of  more  recent  invention  than  those  we  use.  I  did  not  measure  the  height 
of  the  bulwarks.  I  did  not  measure  the  height  of  the  gun.  A  portion  of  the 
bulwark  could  be  moved  to  adapt  it  for  the  gun.  The  upper  portion  of  the  bulwark 
would  not  be  there  if  she  was  used  for  a  war-vessel ;  it  is  easily  removed.  The  bul- 
wark is  too  high  now  for  the  gun  to  be  used,  but  a  portion  of  the  bulwark  could  easily  ■ 
be  removed.  The  upper  portion  of  the  bulwarks  appear  not  to  have  been  constructed, 
in  her  original  build.  I  know  what  are  called  flying-bulwarks — they  are  fitted  to  re- 
move during  action  ;  these  on  the  Mary  are  not  similar.  If  the  vessel  was  used  for 
war  purposes,  the  upper  part  of  the  bulwarks  she  has  now,  I  should  imagine,  would  be 
removed  altogether.  If  I  had  seen  the  gun  on  the  field-carriage  only,  I  should  have 
thought  that  it  was  for  field  operations  ;  but,  having  had  it  placed  on  the  slide,  I  saw 
that  it  was  also  adapted  for  service  on  board  the  ship.  It  is  in  the  slide  that  the  recent 
invention  is;  not  more  particularly,  however,  than  in  the  gun  and  the  other  carriage. 
It  is  usual  to  have  a  field-carriage  on  board  ships  of  war,  and  we  have  one  on  board  of 
the  Medea.  They  are  used  for  shore  purposes;  they  are  usually  not  reckoned*  in  ex- 
pressing the  number  of  guns  with  which  a  ship  is  armed.  The  gun  in  question  is 
adapted  for  field-batteries,  but  small  for  fortifications.  There  are  vessels  in  Her  Maj- 
esty's service  about  the  size  of  the  Mary.  Our  gun-boats  and  gun-vessels  are  armed 
with  small  broadside  guns  of  about  that  caliber.  I  am  not  sure  what  its  caliber  is.  Our 
gun-vessels  are  usually  armed  with  one  or  two  large  pivot-guns,  and  two  or  four  small 
broadside-guns  not  on  pivot-carriages.  There  are  no  gun-tackle  or  breeching-bolts  on 
board  of  the  Mary  necessary  to  work  guns.  They  are  necessary  to  work  broadside- 
guns.  The  gun  I  inspected  could  not  be  used  without  tackle-bolts.  I  believe  gun- 
tackle  bolts  are  put  in  after  the  building  of  the  ship.  They  are  generally  driven 
through  the  side  and  clinched,  I  believe." 

Captain  Preston's  testimony  as  to  the  adaptability  of  the  gun  in  question  for  use  on 
board  the  Mary,  the  fitness  to  form  a  part  of  her  armament,  and  the  nature  of  the  al- 
terations, in  her  structure,  and  the  additions  which  would  be  required  to  work  the  gun 
as  a  fighting-gun,  is  substantially  confirmed  by  Lieutenant  Bellet,  of  Her  Majesty's 
ship  Fawn,  and  the  other  witnesses  brought  forward  on  the  part  of  the  Crown,  ex- 
cept Crump,  the  gunner  of  the  Medea,  whose  evidence  I  shall  refer  to  directly. 

As  to  the  time  which  would  be  occupied  in  making  the  requisite  alterations,  Mr. 
Horn,  the  gunner  of  the  Fawn,  thus  deposes  :  "  I  am  not  a  shipwright,  but  from  what 
I  have  seen  done  by  shipwrights  on  board  of  a  man-of-war,  I  should  think  four  men 
might  make  the  alterations  in  two  days,  if  the  iron- work,  such  as  the  bolts,  were 
made  by  blacksmiths  ;"  and,  when  cross-examined,  Mr.  Horn  adds  :  "  I  should 
[298]  *  think  that  two  blacksmiths  would  make  bolts  in  a  day — I  mean  that  it  would 
take  four  men  two  days  to  fit  the  gun  as  a  broadside  pivot-gun." 

Mr.  Horn  also  stated  that  the  gun  in  question,  with  certain  alterations  in  the  hous- 
ing of  the  Mary,  might  be  used  as  a  chase,  as  a  broadside-gun.   * 

The  contention  on  the  part  of  the  claimants  was  that,  though  the  Mary,  from  her 
original  build,  might  be  better  adapted  for  a  yacht  than  an  ordinary  merchant-vessel, 
and  though  it  were  possible  to  convert  her  into  a  vessel  of  war,  yet  that,  when  she  left 
England,  she  was,  and  has  ever  since  been,  and  is  still  a  vessel  engaged  in  lawful  com- 
merce, though  it  may  be  with  a  limited  capacity  to  carry  cargo  ;  and  that  the  gun  in 
question  was  neither  a  part,  nor  fit  or  apt  to  be  a  part,  of  the  armament  of  the  Mary 
as  a  war-vessel,  but  that  it  was  on  the  contrary  a  field-piece,  adapted  only  to  shore 
operations,  and  forming,  with  the  other  articles  on  board,  the  cargo  of  the  Mary. 

The  claimants'  view  of  the  character  of  the  gun  is  sustained  by  the  testimony  of  Mr. 
Crump,  the  gunner  of  Her  Majesty's  ship  Medea,  who  thus  speaks  :  "  The  same  day  I 
examined  the  Mary  I  examined  a  gun.  I  should  not  think  it  was  capable  of  being 
used  on  board  ship ;  it  was  more  of  a  field-gun,  there  being  no  place  for  a  breeching  to 
be  rove.  There  was  a  slide  with  the  gun  ;  the  slide  might  have  been  used  on  board 
ship.  The  gun  cannot  be  used  on  board  ship  for  the  want  of  the  breeching,  there  being 
no  place  to  reeve  it.  The  gun  was  on  a  field-carriage  when  I  saw  it.  We  tried  to  fix 
it  on  the  slide  with  the  wheels  altogether.  It  fitted  the  carriage  on  the  slide,  but  we 
could  not  fight  it  on  board  ship,  as  the  axle-trees  would  touch  the  ship's  sides  in  train- 
ing. In  saying  ship  here,  I  refer  to  any  ship.  A  slide  would  be  used  on  shore  for  a 
battery  -gun." 

As  to  the  character  of  the  gun,  and  its  fitness  for  use  on  board  ship,  Mr.  Horn,  the 
gunner  of  Her  Majesty's  ship  Fawn,  differs  entirely  from  Mr.  Crump.    The  former  de- 


350  TREATY    OF   WASHINGTON. 

poses  :  "  I  do  not  agree  with  Mr.  Crump  when  he  says  '  the  gun  cannot  he  used  for 
want  of  a  breeching,'  f6r  there  are  two  holes,  one  on  each  side  of  the  carriage,  for  the 
breeching  to  reeve  through,  in  exactly  the  same  manner  as  the  boat's  guns  are  in  Her 
Majesty's  ship  Fawn."  Further  on,  Mr.  Horn  proceeds  thus  :  "  I  do  not  agree  with 
Crump  when  he  says  he  could  not  fight  it  on  board  any  ship,  as  the  axle-trees  would 
touch  the  ship's  side  in  training,  and  that  a  slide  would  be  used  on  shore  for  a  bat- 
tery-gun ;"  and  Mr.  Horn  gives  these  reasons  for  differing  :  he  says,  "  In  the  first  place, 
if  it  (the  gun)  was  used  on  the  housing  of  the  Mary,  there  would  be  no  ship's  side  for 
the  axle-tree  to  touch ;  and  as  a  broadside-gun,  the  ports  and  bulwarks'in  Her  Maj- 
esty's service  are  considerably  larger  for  pivot-gnns  than  for  the  guns  mounted  on 
.common  truck-carriages.  The  slide  is  in  no  way  adapted  for  any  battery  on  shore  that 
I  ever  saw  or  heard  of." 

Collating,  as  I  have  done,  the  evidence  of  five  of  the  Crown's  witnesses  going  to  es- 
tablish the  fitness  of  the  gun  in  question  for  use  as  a  fighting-gun  on  board  the  Mary, 
with  the  solitary  testimony  of  Mr.  Crump  in  opposition  to  it,  and  considering  the  sev- 
eral reasons  advanced  on  either  side  to  show  the  real  character  of  the  gun,  I  have 
arrived  at  the  conclusion  that  the  gun  is  a  fit  and  proper  one  to  form  a  part  of  the 
armament  of  the  Mary,  if  intended  as  such. 

It  must  be  borne  in  mind  that  the  intent  that  I  am  to  find  is,  in  the  the  words  of 
Channell,  B,  in  re  Alexandra,  "  an  intent  on  the  part  of  any  one  having  a  controlling 
power  over  the  Mary,  that  she  should  be  employed  in  the  service  of  the  Confederate 
States  to  cruise  or  commit  hostilities  against  the  United  States." 

What  connection  is  there,  then,  between  Mr.  Lafone  and  the  Mary  ?  Between  Cap- 
tain Collier  and  the  Mary  ?  Between  Mr.  Phinizy  and  the  Mary  ?  Mr.  Lafone  is  the 
sole  owner,  as  far  as  the  evidence  goes,  having  the  control  of  her  movements  ;  Captain 
Collier,  the  master,  acting  in  concert  with  Mr.  Lafone ;  and  Mr.  Phinizy,.  the  agent  of 
Mr.  Lafone  at  Bermuda,  acting  under  his  instructions,  and,  as  the  consignee  of  the 
Mary  at  the  port  of  Saint  George,  regulating  her  movements.  Mr.  Lafone  sends 
the  Mary  to  Bermuda  by  Captain  Collier,  who  takes  her  there,  and  Mr.  Phinizy, 
the  agent,  receives  her;  but,  in  consequence  of  the  prevalence  of  epidemic  fever 
at  Bermuda,  at  once  dispatches  her  to  Halifax,  there  to  remain  until  the  epidemic 
shall  have  ceased,  when  she  is  to  return  to  Bermuda.  Captain  Collier  takes 
her  to  Halifax,  leaves  her  there  ;  goes  to  England ;  communicates  directly  with 
Mr.  Lafone  respecting  the  Mary,  and  returns  to  Halifax  with  verbal  instruc- 
tions for  Mr.  Phinizy,  the  Bermuda  agent,  as  to  the  Mary's  future  movements ; 
and  Captain  Collier  then  clears  the  Mary  at  Halifax  for  Nassau,  via  Bermuda, 
with,  inter  alia,  eight  cases  of  dry-goods  ex-warehouse.  The  Mary  leaves 
Halifax  under  Captain  Collier's  command ;  arrives  at  Bermuda  with  the 
[299]  eight  cases  on  board ;  Captain  Collier  communicates  to  Mr.  Phinizy,  *the 
ship's  consignee,  Mr.  Lafone's  instructions  that  she  is  to  proceed  to  Charles- 
ton via  Nassau — so  Mr.  Phinizy  swears — and  there  is  no  evidence  to  the  contra- 
ry ;  and,  in  consequence  of  the  quantity  of  merchandise  sent  out  by  Mf.  Lafone  to 
Bermuda  in  the  steamer  Powerful,  for  reshipment  to  the  Mary,  being  greater  than  she 
could  carry,  Captain  Collier  selects  ten  of  the  packages,  which  are  then  and  there  put 
on  board  the  Mary.  Those  packages,  we  know,  contained  a  gun  mounted  on  a  carriage 
on  a  slide,  shell  and  shot,  both  fitting  the  gun,  hammock-racks,  screws  for  side-lights, 
and  canvas  hammocks.  How  is  Mr.  Lafone  connected  with  those  packages?  He 
shipped  them  to  Bermuda  for  reshipment  there  in  the  Mary.  How  is  Captain  Collier  ? 
He,  as  stated  by  Mr.  Phinizy,  selected  them  out  of  other  packages,  to  be  put  on  board 
the  Mary.  From  the  fact  of  such  selection  it  may  be  inferred  that  Captain  Collier 
knew  the  contents — at  any  rate  such  an  inference  is  not  unreasonable  in  the  absence 
of  any  evidence  to  the  contrary.  How  is  Mr.  Phinizy  connected?  He  had  the  pack- 
ages put  on  board  the  Mary.  But  was  he  aware  of  their  contents  ?  He  swears  he  was 
not.  This  is  his  evidence  :  "I  did  not  know  the  contents  of  any  of  the  packages.  I 
did  not  make  a  selection  of  the  cargo  to  be  put  on  board  the  Mary.  The  twelve  pack- 
ages mentioned  therein,  (referring  to  the  ship's  clearance  from  Bermuda,)  were  those 
put  on  board  of  the  Mary  by  direction  of  Mr.  Hamilton  and  Captain  Collier."  I  have 
already  mentioned  that  Mr.  Hamilton's  packages  were  two  in  number,  and  contained 
stationery.  Mr.  Phinizy  also  says :  "  The  articles  put  by  me  on  board  of  the  Mary 
were  not  intended  by  me,  or  by  any  other  person  within  my  knowledge,  for  the  arma- 
ment, fittings,  or  furniture  of  the  Mary.  I  was  the  only  person  that  had  any  authority 
over  the  Mary  at  Bermuda,  under  the  instructions  from  Mr.  Lafone."  In  another  part 
of  his  examination,  the  same  witness  swears  :  "  There  was  no  intent  on  my  part,  or 
any  person  having  control  of  the  Mary,  that  she  should  be  employed  as  a  cruiser  dur- 
ing the  whole  time  that  I  had  any  knowledge  of  her  ;  and  she  was  absolutely,  solely, 
and  totally  under  my  control  while  at  Bermuda."  Again  :  "  Everything  that  was  done 
at  Bermuda  was  done  with  a  view  to  facilitate  the  regular  commercial  voyage.  She 
left  for  Charleston  by  the  way  of  Nassau."  The  witness  had  previously  stated  :  "  1 
sent  her  to  Nassau  to  get  a  pilot,  as  I  thought  it  would  be  better  for  her  to  go  to 
Charleston  from  Nassau  than  from  Bermuda."    The  attorney-general,  in  commenting 


BRITISH    CASE   AND    PAPERS. 


351 


upon  Mr.  Phinizy's  evidence,  remarked,  "  He  was  not  unwilling  to  believe  that  gentle-, 
man  an  innocent  agent  in  the  matter,  but  he  would  not  take  the  same  view  of  Captain 
Collier's  conduct.  He  regarded  the  latter  as  acting  in  concert  with  Lieutenant  Hamil- 
ton, of  the  Confederate  States  navy,  after  having  communicated  with  Mr.  Lafone  in 
England."  As  to  Mr.  Phinizy,  I  will  here  observe,  at  once,  that  I  am  not  disinclined  to 
agree  with  the  attorney-general. 

I  come  now  to  what  I  cannot  help  thinking  the  weakest  part  of  the  case  for  the 
Crown,  so  far  as  the  evidence  goes.  I  mean  the  connection  between  Mr.  Lafone,  Cap- 
tain Collier,  and  the  other  persons  charged  in  the  information,  and  the  confederate 
government.  Up  to  this  point  I  have  not  referred  to  anything  disclosed  in  the  case 
which  would  tend  to  satisfy  me  of  that  connection.  I  should  not,  nor  would  any  dis- 
passionate reasoning  person,  consider  the  shipment  by  Mr.  Lafone,  to  Bermuda,  of  two 
cases  of  stationery,  belonging  to  a  lieutenant  in  the  Confederate  States  navy,  for  re- 
shipment  in  the  Mary  to  Charleston,  as  making  out  that  connection.  Let  me  then  look 
to  what  took  place  at  Halifax  for  the  purpose  of  ascertaining  whether  anything  which 
was  done  there  can  throw  light  upon  the  case — can  illumine  what,  up  to  this,  to  say 
the  least,  is  not  very  clear.  We  know  as  a  fact  that  Mr.  Hamilton,  a  lieutenant  in  the 
Confederate  States  navy,  after  having  arrived  at  Bermuda  in  the  steamer  Owl,  in  the 
course  of  the  past  year — the  precise  time  is  not  in  proof— left  in  the  same  vessel  for 
Halifax ;  and  that  he  afterward  arrived  there,  though  not  the  period  of  his  arrival, 
is  to  be  inferred  from  the  fact  of  Mr.  Phinizy's  receiving  a  note  from  him  from  Hali- 
fax. How  long  Lieutenant  Hamilton  remained  there  is  not  in  evidence.  We  know 
that  the  Mary,  on  the  31st  August  last,  also  left  Bermuda  for  Halifax,  and  that  she 
arrived  there  about  the  9th  September,  and  did  not  quit  that  port  till  the  5th 
November  following,  during  which  time  Captain  Collier  visited  England  and  returned. 
Was  there  any  communication,  direct  or  indirect,  between  Captain  Collier  and  Lieu- 
tenant Hamilton  at  Halifax,  or  elsewhere  ?  There  is  no  evidence  that  there  was.  It 
is  not  even  in  proof  that  they  were  either  at  Bermuda  or  Halifax  at  the  same  time. 
Was  there,  then,  any  communication  of  any  sort  between  Mr.  Lafone  and  Lieutenant 
Hamilton  at  Halifax  ?  No  testimony  upon  the  point  has  been  adduced ;  nor  have  there 
been  any  proofs  afforded  me  of  any  communication  whatever  between  either  Captain 

Collier  or  Mr.  Lafone  and  the  Confederate  States  government,  or  any  of  its 
[300]  agents.    Let  me  now  inquire  into  the  contents  of  the  eight  *cases  of  dry-goods, 

shipped  on  board  the  Mary  at  Halifax,  to  see  whether  they  can  shed  any  light 
upon  the  character  or  ultimate  destination  of  that  vessel.  I  am  enabled  to  ascertaim 
the  contents  thus :  "  The  Mary's  report  of  her  cargo,  delivered  at  the  custom-house  in 
Na§sau,*enumerated  twenty  packages  ;  of  these,  it  is  in  evidence  that  twelve  were  put 
on  board  at  Bermuda,  and  the  contents  of  them  I  have  already  set  forth  ;  therefore, 
all  I  have  to  do  is  to  look  to  the  proofs  brought  forward  by  the  Crown  of  the  contents 
of  the  remaining  eight.  They  are  to  be  found  in  the  evidence  of  Mr.  Dumaresq,  the 
receiver-general  and  treasurer  of  this  colony,  who,  after  the  packages  in  question  had 
been  landed  here  from  the  Mary,  had  them  opened  and  examined.  He  proves  those 
contents  to  be  as  follows  :  "  A  case  marked  S  D  h  contained  drugs  and  lint,"  "  case 
marked  H  H  2  contained  ship  and  boat  confederate  ensigns,  pennants,  log-lines,  bolts 
of  canvas,  thread,  &c."  The  witness  says,  "  I  produce  the  flags  and  pennants  in  the 
very  brown-paper  wrapper  in  which  I  found  them.     On  that  wrapper  is  written — 

4  yards  confederate  ensign. 
1  "  boat, 

1  "  26  feet,  pennant. 

"  Also,  a  boat-ensign  in  a  paper  wrapper,  tied  up  with  red  tape,  and  marked  confed- 
erate boat's  ensign. 

"  I  also  found  several  bolts  of  canvas,  one  of  which  I  produce,  with  a  red  mark 
down  the  center,  and  stamped — 

41 
2 
Navy. 
Long  flax. 


352  TREATY    OF    WASHINGTON. 

"A  cask  was  first  opened,  marked  P  H,  and  found  to  contain  scrubbing-brushes,  tin 
cans,  &c."  "A  case  marked  JKH  was  opened,  and  first  there  was  found  a  blank  con- 
federate naval  commission ;  a  parcel  containing  a  form  of  a  '  quarterly  pay  receipt 

and  muster-roll '  of ,  a  form  of  a  'general  pay  and  receipt  roll/  among  which 

there  was  a  wrapper  addressed  to 

"'Mr.  Hamilton, 

"  '  Messrs.  Fraser,  Trenholm  &  Co., 

" '  Rumford  Tlace? 

"  Also  a  form  of  a  'list  of  clothing;'  a  form  of 'small  stores' required  for  mess  No. 

,  and  a  book  entitled  'Regulations  for  the  Navy  of  the  Confederate  States,  1862,' 

and  a  number  of  other  nautical  books,  log-books,"  &c.  The  blank  commission,  the 
several  forms  just  alluded  to  by  me,  the  paper  wrapper,  and  the  book  of  regulations,  I 
now  produce.  In  that  case  there  was  a  smaller  case  containing  four  packages  of  screw 
tourniquets,  numbering  in  all  twenty-four,  which  I  now  produce.  I  also  found,  and 
now  produce,  a  surgical  amputating  case  of  instruments.  In  the  large  case  I  found 
a  package  of  visiting-cards,  one  of  which  I  now  produce,  thus  printed  : 

'"Mr.  J.  R.  Hamilton, 

"  'Lt.  C.  S.  Navy.' 
"  Another  case  was  examined  —  J  ^  H  —  which  contained  six  brass  wheels."  Mr. 
Dumaresq,  in  his  cross-examination,  when  questioned  upon  the  point,  stated:  "The 
box  in  which  I  found  the  regulations  of  the  confederate  navy  had  a  number  of 
other  books ;  it  appeared  to  me  to  be  private  effects  of  the  person  whose  card  I  pro- 
duced, Mr.  J.  R.  Hamilton."  Having  thus  ascertained  the  contents  of  the  eight  pack- 
ages, it  is  important  to  know  who  sent  them  to  Halifax,  when  they  were  sent,  from 

where,  and  to  whom  they  were  sent.  There  is  no  satisfactory  evidence  upon 
[301]  *  these  points ;  and,  more  particularly,  there  is  no  evidence  to  connect  either  Mr. 

Lafone  or  Captain  Collier  with  the  sending  of  them.  By  whom,  or  by  whose  orders, 
then,  were  they  shipped  on  board  the  Mary  at  Halifax  ?  As  to  this,  there  is  no  sufficient 
evidence,  unless  the  Crown  accepts  the  admission  of  Captain  Collier  in  the  affidavit 
which  he  made  in  support  of  the  claim  filed  in  this  cause.  In  that  affidavit  there  is 
the  following  paragraph :  "  That  at  the  port  of  Halifax  aforesajd,  the  deponent 
received  on  board  the  said  steamship  a  certain  quantity  of  cargo,  to  wit :  one  case 
marked  SDh,  one  bale  and  two  cases  marked  H  H,  one  cask  marked  P  H,  two  cs^es 
and  one  box  marked  J  R  H,  all  shipped  by  a  certain  firm  from  there,  trading  and  carry- 
ing on  business  under  the  mercantile  style  or  firm  of  B.  Wier  &  Co.,  to  be  carried  in  the 
said  ship  from  the  port  of  Halifax,  aforesaid,  to  this  port  of  Nassau,  touching  at  the 
island  of  Bermuda,  that  being  the  voyage  upon  Avhich  the  said  ship  was  about  to  pro- 
ceed; and  this  deponent  then  signed  bills  of  lading  for  the  said  cargo,  deliverable  at 
this  port  of  Nassau  to  the  order  of  the  said  shippers."  B.  Wier  &  Co.,  I  would  remark, 
appear  in  this  cause  as  the  claimants  and  owners  of  the  eight  packages.  Admitting  B. 
Wier  &  Co.  to  be  the  shippers  of  those  packages,  then  arises  the  question,  how  are 
they  connected  with  Mr.  Lafone  ?  There  is  no  evidence  upon  this  point.  How,  then, 
with  Captain  Collier  ?  In  no  way,  unless  Captain  Collier's  admission  be  accepted  that 
they  were  the  shippers  of  the  packages  on  board  of  the  vessel  of  which  he  was  the 
master.  How  with  the  Confederate  States  government  ?  There  is  no  direct  evidence 
upon  this  point.  What  we  have  is  this,  that  among  the  packages  shipped  at  Halifax 
by  B.  Wier  &  Co.,  were  some  containing  the  property  of  Lieutenant  Hamilton,  of  the 
Confederate  States  navy,  and  as  that  gentleman  was  proven  to  have  been  at  Halifax, 
it  is  fair  to  infer  that  B.  Wier  &  Co.  shipped  those  particular  packages  by  direction  of 
Mr.  Hamilton  in  the  same  way  that  Mr.  Phinizy  shipped  at  Bermuda  Mr.  Hamilton's 
two  cases  of  stationery,  under  instructions  of  that  officer.  Then,  had  B.  Wier  &  Co. 
any  knowledge  of  the  contents  of  Mr.  Hamilton's  packages  in  particular?  As  to  this, 
there  is  no  sufficient  evidence ;  neither  is  there  any  evidence  to  connect  Mr.  Lafone 
with  the  shipment  of  the  eight  packages,  or  to  fix  him  with  a  knowledge  of  what  they 
contained.  How  as  to  Captain  Collier  ?  Has  there  been  traced  to  him  any  knowl- 
edge of  the  contents  of  the  eight  packages  ?  There  has  not.  Then  the  case  stands 
thus :  that  when  the  gun,  shot,  shell,  and  other  articles  already  enumerated,  were  put 
on  board  the  Mary,  at  Bermuda,  there  were  then  in  her  eight  unopened  packages 
brought  from  Halifax ;  and  in  some  of  those  packages  were  confederate  ensigns,  a  con- 
federate pennant,  navy  canvas,  and  the  private  effects  of  an  officer  of  the  Confederate 
States  navy,  among  which  were  found  a  book  entitled  "  Regulations  for  the  Navy  of 
the  Confederate  States,  1862,"  a  commission  in  blank  for  an  officer  of  that  navy,  pay 
and  muster  rolls,  and  other  blank  forms  particularly  described  by  Mr.  Dumaresq.  Now, 
was  the  mere  existence  of  all  or  any  of  the  articles  in  question,  in  unopened  packages 
on  board  the  Mary,  sufficient  to  fix  either  Mr.  Lafone  or  Captain  Collier,  or  any  of  the 
persons  referred  to  in  the  information,  with  the  guilty  intent  prohibited  by  the  statute; 


BRITISH    CASE    AND    PAPERS.  353 

especially,  too,  in  the  absence  of  any  evidence  given  to  indicate  a  knowledge  on  their 
part  of  the  nature  or  character  of  any  of  the  articles '?  I  apprehend  not ;  and  I  shall 
proceed  to  state  why.  It  was  the  Crown's  duty  to  give  either  direct  evidence  of 
knowledge,  or  evidence  from  which  I  may  reasonably  infer  knowledge.  The  charge 
in  the  case,  though  the  vessel  is  merely  proceeded  against,  involves  one  of  misde- 
meanor ;,and  the  persons  charged  with  its  commission  are  entitled  to  demand  from  the 
Crown,  if  not  strict,  certainly  reasonably  satisfactory  proof  of  their  guilt.  It  is  not 
for  them  to  disprove  it.  And  I  should  not  be  justified  in  finding  as  a  fact  the  guilty 
intent  from  the  discovery  alone  of  the  articles  in  question  on  board,  in  the  way  they 
were  packed,  especially  in  the  absence  of  any  circumstances  to  satisfy  me  of  the  con- 
nection between  them  and  any  one  of  the  persons  charged  in  the  information.  More- 
over, what  sufficient  evidence  has  there  been  adduced  to  convince  me  of  the  connec- 
tion between  the  Mary  herself  and  the  Confederate  States  government,  or  any  of  its 
agents  ?  None.  What  between  Mr.  Lafone,  Captain  Collier,  or  any  one  of  the  persons 
referred  to  in  the  information  and  that  same  government,  or  its  agents  ?  None.  With 
respect  to  the  packages  shipped  by  Mr.  Lafone  in  the  Powerful  .to  Bermuda,  Mr. 
Phinizy,  upon  being  cross-examined  on  the  point,  says:  "  They  do  not  belong  to  the 
Confederate  States  government,  as  I  know  of."  I  would  remark  that  there  was  no 
other  evidence  with  reference  to  this  point.  Mr.  Phinizy,  in  his  examination-in-chief, 
had  stated,  "  Bills  of  ladiug  were  signed  by  the  captain  for  the  articles  shipped  on 
board" — meaning  the  Mary,  at  Bermuda.  "  The  ship  was  to  be  consigned  in  Charles- 
ton to  John  Frazer  &  Co.,  as  I  was  instructed  by  Mr.  Lafone."  In  the  witness's 
[302]  cross-examination  he  added,  "  I  *  forwarded  the  bills  of  lading  to  Mr.  Lafite ;  I 
mean  the  bills  of  lading  referred  to  by  me  ;  I  don't  remember  how  many  there 
were.  Mr.  Lafite  is  not  now  in  this  place  ;  I  was  not  here  when  he  left ;  bat  I  have 
been  told  he  ltpft  in  the  last  Corsica.  I  arrived  here  from  Bermuda  in  January.  I 
found  the  Mary  here  under  arrest ;  Mr.  Lafite  was  here  then.  The  last  time  I  left  here 
must  have  been  iu  the  early  part  of  March ;  I  left  Mr.  Lafite  here  then.  I  last  arrived 
in  the  steamer  Louisa  Anne  Fanny,  about  ten  days  ago,  and  found  that  Mr.  Lafite  had 
left  during  my  absence."  Again,  in  another  place,  ''John  Frazer  &Co.,  of  Charleston, 
are  connected  with  Frazer  &  Trenholm,  of  Liverpool.  I  don't  know  if  they  are  the 
same  firms,  only  by  hearsay."  There  was  no  evidence  before  me  to  connect  either  Mr. 
Lafite  or  John  Frazer  &  Co.  with  the  Confederate  States  ^government. 

Under  all  the  circumstances  of  the  case,  as  developed  in  the  evidence,  I  am  unable 
to  conclude  that  the  Crown  has  sufficiently  proven  the  existence  of  the  guilty  intent 
set  forth  in  the  information,  and  prohibited  by  the  statute. 

I  mean  this  observation  to  apply  to  the  whole  of  the  counts,  as  well  those  charging 
the  several  offenses  to  have  been  committed  in  the  Bermuda  Islands,  as  to  those  alleg- 
ing them  to  have  taken  place  in  Nassau. 

It  is,  however,  my  intention  to  advert  briefly  to  what  occurred  here  before  I  finish. 

It  wras  on  the  24th  of  November  last  that  the  Mary  left  the  port  of  Saint  George, 
Bermuda,  "  navigated  with  thirty-four  men,"  and  on  the  29th  following  she  arrived 
here  and  came  to  an  anchor.  Upon  entering  the  port  she  was  boarded  by  the  proper 
boarding-officer,  and  afterward  a  tide-waiter  was  put  on  board.  On  the  same  day  Cap- 
tain Collier  made  the  report  required  by  law,  at  the  receiver-general's  office,  of  the 
cargo  of  the  Mary ;  and,  in  that  report  he  stated  that  it  was  "  not  to  be  landed."  On 
the  following  day  a  number  of  laborers  were  employed  on  board  in  removing  the  coal 
out  of  the  bags  wTiich  were  in  the  main-hatch,  and  in  filling  the  coal-bunkers.  They 
continued  thus  employed  on  Thursday,  Friday,  and  Saturday  of  that  week.  The  bags 
and  so  much  of  the  coal  as  remained  were  brought  on  shore.  On  Thursday,  the  1st  of 
December,  the  crew  of  the  Mary  was  discharged,  except  the  chief  mate  and  chief  en- 
gineer, who  were  retained.  Four  carpenters  were  employed  on  board  the  Mary  in 
making  "  a  safe  aft  on  the  port  side,  and  in  getting  out  some  stuff  on  the  starboard 
side  forward  for  a  little  closet."  During  the  forenoon  of  Monday,  the  5th  of  December, 
the  case  on  the  deck  of  the  Mary,  which  contained  the  gun,  was  removed  into  the  main- 
hold,  out  of  which,  by  that  time,  the  whole  of  the  coal  had  been  taken.  The  reason 
given  by  the  mate  Outerbridge  for  the  case  having  been  put  on  the  deck  of  the  Mary 
at  Bermuda,  instead  of  below,  was  that  the  fore-hold  was  filled,  and  could  not  contain 
it.  On  the  evening  of  the  5th,  the  receiver-general,  in  consequence  of  a  communica- 
tion he  had  received  from  the  then  administrator  of  the  government  of  this  colony, 
visited  the  Mary,  and  partially  opened  and  examined  the  case,  which  contained  a  small 
gun  mounted  with  appurtenances  complete.  Mr.  Dumaresq  says :  "  I  then  left  the 
vessel  in  charge  of  a  revenue  officer,  informing  the  Captain  (Collier)  that  the  vessel 
was  under  detention."  On  the  6th  Mr.  Dumaresq  again  went  on  board  the  Mary,  for  the 
purpose  of  re-examining  the  gun  and  superintending  the  search  of  the  vessel ;  and  that 
gentleman  adds :  "  On  the  same  day,  I  think,  an  application  was  made  personally  by 
Mr.  Harris,  of  the  firm  of  Henry  Adderley  &  Co.,  that  the  goods  might  be  landed  and. 
deposited  in  a  bonded  warehouse,  stating,  however,  that  the  entries  could  not  be 
completed,  inasmuch  as  the  goods  were  unaccompanied  by  bills  of  lading.  The  appli- 
cation for  the  discharge  of  the  cargo  was  made  in  writing  on  that  day,  and  the  entries 

H.  Ex.  282,  vol.  ii 23 


354  TREATY    OF    WASHINGTON. 

were  not  completed  until  the  14th.  The  entries  numbered  respectively  404,  405,  406, 
and  407,  now  handed  in,  are  the  entries  which  were  put  in  on  the  14th,  after  the  ex- 
amination of  the  goods  in  the  bonded  warehouse,  on  the  13th,  in  the  presence  of  Mr. 
Harris,  of  the  firm  of  Henry  Adderley  &  Co.,  Mr.  Culbert,  the  warehouse-keeper,  Mr. 
Bethel,  a  locker,  and  Mr.  Lamotte,  acting  locker,  as  well  as  myself.  The  entries, 
though  dated  the  6th  day  of  December,  were  not  put  in  until  the  14th  of  that  month." 
The  nature  of  the  goods,  or,  in  other  words,  the  contents  of  all  the  packages,  as  ascer- 
tained from  Mr.  Dumaresq's  evidence,  I  have  already  detailed  ;  and  therefore  it  is  un- 
necessary for  me  again  to  mention  them.  That  officer  thus  proceeds:  "On  my  making 
a  report  to  the  governor  of  the  result  of  my  examination  of  the  packages  and  bundles 
in  the  bonded  warehouse  on  the  13th  of  December,  I  received  an  order  from  his  excel- 
lency to  seize  the  steamship  Mary  for  an  alleged  violation  of  the  'foreign-enlistment 
act,' which  order  I  immediately  carried  out;  the  time  being  about  half-past  1  in  the 
afternoon.    I  also  seized  her  tackle,  apparel,  and  furniture,  and  everything  which  had 

been  landed  from  her." 
[303]  *  There  was  no  act  of  arming  or  of  attempting  to  arm  the  Mary  at  Nassau,  or 
sufficiently  satisfactory  evidence  of  equipping,  or  attempting  to  equip  her.  One 
witness,  Outerbridge,  in  his  cross-examination,  says  :  "  We  had  carpenters  employed 
here.  They  were  refitting  the  berths,  making  a  cupboard.  No  work  of  any  conse- 
quence was  done  here  by  the  carpenters.  We  had  painters  employed  in  painting  the 
ship  ;  they  painted  the  berths." 

With  reference  to  a  fact  sworn  to  by  Wilson,  the  foreman  of  laborers,  and  one  of  the 
Crown's  witnesses,  that,  on  the  6th  of  December,  while  employed  in  cleaning  under  a 
platform,  called  by  another  witness  the  lazarique  deck,  and  while  the  customs  officers 
were  in  charge  of  the  Mary,  he  saw  three  guns  lying  there,  about  3  feet  long,  a  circum- 
stance which  he  communicated  to  the  United  States  consul  upon  being  sent  for,  it  is 
sufficient  to  say  that  he  is  contradicted  flatly  on  the  point  by  two  of  the  respondents' 
witnesses  ;  and  that  when  the  place  he  indicated  was  afterward  searched  by  him,  in 
company  of  some  officers  of  the  revenue,  no  guns  were  discovered.  But,  even  assum- 
ing Wilson  to  have  spoken  the  truth,  there  was  no  evidence  whatever  to  throw  any 
light  as  to  when,  where,  how,  or  by  whom  the  guns  were  placed. 

The  receiver-general  mentioned  that  among  other  articles  seen  by  him  on  board  the 
Mary  were  two  small  carronades,  the  wheels  and  carriages  being  separate  ;  that  they 
were  not  fighting-guns.  I  take  them  to  be  signal-guns,  and  no  stress  whatever  was 
laid  by  the  Crown  upon  the  existence  of  those  small  carronades  on  board. 

The  discharge  of  the  Mary's  crew,  on  the  second  day  after  her  arrival  in  Nassau,was 
a  circumstance  which  the  attorney-general  regarded  as  tending  to  refute  the  idea  ad- 
vanced by  the  respondents'  proctor,  that  the  Mary  was  on  a  regular  commercial  voy- 
age to  Charleston.  To  this  it  was  replied  that  the  Mary  was  destined  to  run  the 
blockade,  and,  as  her  crew  were  only  shipped  for  Nassau,  it  would  be  necessary  to  ship 
another.  Owing,  however,  to  the  view  I  have  taken  of  the  case,  I  am  not  called  upon 
to  determine  this  matter  further  than  by  stating  that  it  was  a  circumstance  naturally 
awakening  suspicion. 

As  in  a  former  part  of  my  judgment  I  remarked  that  it  Avould  not  be  necessary  for 
me  to  decide  whether  I  concurred  or  not  in  certain  legal  propositions  enunciated  on 
the  part  of  the  Crown,  and  dissented  from  by  the  respondents'  proctor,  until  I  should 
find,  as  a  fact,  the  existence  of  the  guilty  intent  charged  ;  and,  as  I  have  expressed  the' 
conclusion  that  no  reasonably  sufficient  legal  evidence  of  that  intent  has  been  ad- 
duced, it  has  become  unnecessary  for  me  to  pronounce  any  decision  upon  those  propo- 
sitions. 

I  now  decree  restitution  of  the  said  ship  and  the  articles  aforesaid,  as  prayed  for  by 
the  respondents'  proctor. 

In  doing  so,  however,  it  is  not  my  intention  to  award  to  the  respondents  their  costs, 
as  also  prayed  for ;  inasmuch*as  I  consider  that  the  whole  of  the  circumstances  of  this 
very  important  case,  coupled  as  it  has  necessarily  been  with  the  Mary's  former  charac- 
ter and  history,  exacted  no  ordinary  watchfulness  on  the  Crown's  part  to  prevent  any 
successful  breach  bf  the  foreign-enlistment  act.  I  would  ask,  Can  it  be  a  matter  of 
surprise,  or  can  it  be  reasonably  regarded  as  unfair,  that  every  act  connected  with  the 
Mary,  from  the  time  of  her  arrival  in  this  port,  up  to  the  period  of  her  seizure,  should  be 
closely  looked  to  and  rigidly  scrutinized  f  And  can.it  be  justly  objected  to,  when  the 
various  grounds  of  grave  suspicion  of  her  true  character  and  real  destination  began  to 
widen  and  strengthen,  when  slight  links  in  the  chain  of  evidence,  began  to  unfold 
themselves,  and  when  evidence  itself  commenced  to  assume  the  character  of  proof, 
that  watchfulness  should  culminate  into  seizure,  and  that  the  Mary  should  again  be 
made  to  pass  through  the  ordeal  of  a  court  of  justice  to  free  her  from  the  very  strong 
suspicions  surrounding  her? 


BKIT1SH   CASE   AND   PAPERS.  355 

No.  27. 

The  law-officers  of  the  Grown  to  Earl  Russell. 
Lincoln's  Inn,  July  31, 1865.    (Eeceived  August  1.) 
My  Loed  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  10th  instant,  stating  that,  with  refer- 
ence to  our  report  of  the  18th  of  March,  he  was  directed  by  your  lord- 
ship to  transmit  to  us,  together  with  the  previous  papers,  a  further  let- 
ter from  the  colonial  office,  and  its  inclosures,  respecting  the  case  of  the 
Mary,  or  Alexandra,  and  to  request  that  we  would  take  the  same  into 
consideration,  and  to  furnish  your  lordship  with  our  opinion  there- 
upon. 
[304]    *  We  are  also  honored  with  Mr.  Hammond's  further  letter  of  the 
12th  instant,  inclosing  further  papers  relative  to  the  matter. 
In  obedience  to  your  lordship's  commands,  we  have  taken  these 
papers  into  consideration,  and  have  the  honor  to  report — 

That  we  are  of  opinion  that  the  attorney-general  may  have  exercised 
a  sound  discretion  (having  regard  to  all  the  circumstances)  in  declining 
to  appeal  from  the  sentence  of  the  judge  in  this  case ;  but  we  desire  not 
to  be  understood  as  expressing  our  agreement  either  with  the  general 
reasoning  of  the  judgment,  or  with  the  construction  placed  by  it  on  the 
word  "  intent '?  in  the  foreign-enlistment  act. 

We  do  not  clearly  collect  from  the  papers  whether  the  judge  has  or 
has  not  certified  that  there  was  in  this  case  reasonable  cause  for  seizure ; 
but  we  assume,  from  his  refusing  costs  to  the  claimants,  that  he  would 
be  prepared  so  to  certify;  and  we  think  it  desirable  that  he  should  do 
so,  in  order  to  protect  the  Crown  in  the  event  of  any  action  being 
brought  for  damages  on  account  of  the  seizure. 
We  have,  &c, 

(Signed)  BOTJNDELL  PALMEE. 

E.  P.  COLLIEE. 
*     EOBEET  PHILLIMOEE. 


2*0.  28. 

Certificate. 

In  the  vice-admiralty  court  of  the  Bahamas. 

Our  Sovereign  Lady  the  Queen  vs.  The  British  steamship  Mary,  her 
tackle,  &c,  guns,  &c,  seized  by  the  Hon.  John  d'Auvergne  Duma- 
resq,  receiver-general  and  treasurer  of  the  Bahama  Islands. — Forfeiture. 

I  certify  that  there  was  a  probable  cause  for  seizure  in  the  within 
case. 

(Signed)  W.  H.  DOYLE. 

In  the  vice-admiralty  court  of  the  Bahamas.     _ 

I,  Joshua  Anderson  Brook,  registrar  of  the  vice-admiralty  court  of 
the  Bahamas,  do  hereby  certify  the  foregoing  to  be  a  true  copy  of  the 
judge's  certificate,  as  by  him  indorsed  on  the  information  filed  in  this 
cause. 

Given  at  the  city  of  Nassau,  in  the  island  of  New  Providence,  under 
the  seal  of  the  said  court,  this  2d  day  of  June,  in  the  year  of  our  Lord 
1865,  and  in  the  twenty-eighth  year  of  Her  Majesty's  reign. 

(Signed)  J.  A.  BEOOK,  Registrar. 


t305]     *IRONCLAD    VESSELS   BUILT    AT    MESSRS. 
LAIRD'S  YARD  AT  BIRKENHEAD. 


[307] 


TABLE  OF  CONTENTS. 


From  whom  and  to  whom. 


Mr.  Colquhoun  to  Earl  Rus- 
sell. 

Mr.  Adams  to  Earl  Russell 

Treasury  to  foreign  office 


Earl  Russell  to  Mr.  Adams 

Foreign  office  to  treasury  and 

home  office. 
Treasury  to  foreign  office 


.do 


Mr.  Adams  to  Earl  Russell. . . 
Earl  Russell  to  Mr.  Adams. . . 
Law-officers  to  foreign  office. . 


Home  office  to  foreign  office. . 
Mr.  Adams  to  Earl  Russell. . . 
Baron  Gros  to  Earl  Russell. . . 
Foreign  office  to  treasury 


Eavl  Russell  to  Mr.  Adams 

Treasury  to  foreign  office 

do 

Mr.  Adams  to  Earl  Russell 

Foreign  office  to  treasury 


Foreign  office  to  home  office. 
Earl  Russell  to  Mr.  Adams. . 

Treasury  to  foreign  office  . . . 

Law-officers  to  foreign  office 


Home  office  to  foreign  office. . 

Foreign  office  to  treasury 

Earl  Russell  to  Earl  Cowley. . 


Date. 

Feb.  26,  1863 
July  11, 1863 
July  13, 1863 


July  13,1863 
July  13, 1863 

July  14, 1863 


July  17, 1863 

July  16, 1863 
July  17, 1863 
July  24, 1863 


July  25, 1863 
July  25, 1863 
July  27, 1863 
July  28, 1863 

July  29, 1863 

Aug.  4,1863 
Aug.  12, 1863 
Aug.  14, 1863 

Aug.  14,1863 

Aug.  14, 1863 
Aug.  14, 1863 

Aug.  19, 1863 

Aug.  20, 1863 

Aug.  21, 1863 
Aug.  22, 1863 
Aug.  22, 1863 


Subject. 


M.  Bravay  claims  to  execute  a  verbal 
order  of  the  late  viceroy  for  two 
-  iron-clad  vessels. 

Representation  respecting  an  iron- 
clad ram  at  Birkenhead.  Copies  of 
affidavits. 

Report  from  customs  as  to  iron-clads 
at  Messrs.  Laird's.  Application 
made  by  United  States  consul  to 
detain  them. 

Acknowledging  No.  2.    Steps  taken . . . 

Inclosing  copies  of  No.  2.  To  take  such 
steps  as  can  be  legally  adopted. 

Further  papers  from  customs.  Report 
from  Mr.  Edwards  and  affidavit  of 
J.  Brady. 

Further  from  customs.  Affidavit  of 
A.  J.  Hand. 

Forwarding  further  affidavits 

Acknowledging  the  preceding 

Opinion  that  there  is  not  sufficient 
evidence  to  warrant  interference. 
Mr.  Edwards's  statement  that  the 
vessels  were  reported  to  be  for  some 
foreign  country,  not,  America. 

Opinion  furnished  to  home  office  by 
law-officers  that  there  is  not  evi- 
dence to  warrant  interference. 

Report  from  United  States  consul  at 
Liverpool  as  to  statement  that  iron- 
clads are  French  property. 

Explanation  as  to  M.  Bravay 's  pre- 
tense of  the  iron-clads  being  French 
property. 

Copy  of  law-officers  report.  That 
opinion  founded  on  Mr.  Edwards's 
reports.  That  lie  be  called  on  to  ex- 
plain further,  and  searching  inquiry 
iuade. 

Acknowledging  No.  12,  which  has 
been  communicated  to  proper  de- 
partments. 

Report  from  customs.    Mr.  Edwards 
adheres  to  his  statement, 
e]] 
davit  of  T.  Sweeney. 

Strong  representation  as  to  iron-clads. 
Report  from  United  States  consul 
at  Liverpool  of  the  arrival  of  con- 
federate officers  to  go  out  in  them. 

Inclosing  copy  of  No.  18,  to  bo  commu- 
nicated to  customs,  and  proper  steps 
taken 

Copy  of  No.  18  for  inquiries  at  Liver- 
pool, and  adoption  of  proper  steps. 

Acknowledging  No.  18,  which  has 
been  communicated  to  proper  de- 
partments. 

Report  from  customs  as  to  arrival  of 
alleged  confederate  officers.  Con- 
dition of  the  vessels. 

Mr.  Edwards's  explanations  not  con- 
sistent with  Baron  Gros's  and  Unit- 
ed States  consul's  statements.  Not 
sufficient  evidence,  however,  to  war- 
rant interference. 

Opinion  of  law-officers  as  to  insuffi- 
ciency of  evidence, 

Suggest  that  treasury  solicitor  be  sent 
to  Birkenhead  to  procure  evidence . 

Are  the  vessels  for  the  French  gov- 
ernment ? 


i  o 

Page. 
315 

Page. 
367 

315 

367 

322 

374 

323 

375 

323 

376 

325 

326 
327 
327 


:«7 

328 
329 
329 

330 

330 
331 
333 


334 
334 

335 

336 

337 
338 
338 


360 


TREATY    OF    WASHINGTON. 


Table  of  contents — Continued. 


i 

1 

From  whom  and  to  whom. 

Date. 

Subject, 

S.2 
C  © 

t3  a 
II 

rjl  © 

Paae. 

Paqe. 

27 

Earl  Cowley  to  Earl  Russell. . . 

Aug.  24, 18G3 

The  vessels  are  not  for  the  French 
government. 

338 

392 

28 

Earl  Russell  to  Earl  Cowley. . . 

Aug.  24, 1863 

To  procure  information  as  to  M.  Bra- 
vay. 
French  government  have  told  M.  Bra- 

338 

393 

29 

Marquis  de  Cadore  to    Earl 

Aug.  26, 1863 

339 

393 

Russell. 

vay  that  they  cannot  interfere  re- 
specting iron-clads. 

30 
31 

Earl  Cowley  to  Earl  Russell. . . 
Mr.  Colquhoun  to  Earl  Russell. 

Aug.  27,  1863 
Aug.  27, 1863 

No  trace  of  M . Bravay 

339 

393 

Viceroy  has  arranged  with  M.  Bravay 
respecting  vessels. 

339 

393 

*32 

[308]    Treasury     to     foreign 
office." 

Aug.  28, 1863 

Report  from  customs  as  to  condition 
of  iron-clads. 

339 

394 

33 

do 

Aug.  29, 1863 

Report  from  customs.    United  States 

340 

395 

consul's  apprehensions  of  one  of  the 

iron-clads  being  about  to  go  to  sea. 

34 

Mr.  Colquhoun  to  Earl  Russell. 

Aug.  31, 1863 

Egyptian  government  refuse  to  accept 
iron-clads. 

341 

396 

35 

Treasury  to  foreign  office 

Aug.  31, 1863 

Communication  between  customs  sur- 
veyor and  Messrs.  Laird.    Second 
vessel  launched.  Proposed  trial-trip 

341 

396 

-of  first  vessel.    Messrs.  Laird  will 

give  names  of  owners  if  applied  to 
officially.    Affidavit  of  C.  Prentis. 

36 

[Foreign  office  to  treasury  and 
home  office. 

Sept.    1,1863 

Iron-clads  to  be  detained  if  sufficient 
evidence  can  be  procured  as  to  their 
being  intended  for  the  confederates. 

343 

398 

37 

Earl  Russell  to  Mr.  Adams 

Sept.    1,1863 

Result  of  inquiries.    Evidence  insuffi- 
cient.   Cannot  proceed  except   in 
accordance  with  law. 

344 

398 

38 

Treasury  to  foreign  office 

Sept.    2,1863 

Affidavits  of  United  States  consul,  Mr. 
Dudley,  and  J.  Ellis.    Application 
from  consul  to  stop  the  vessels. 

345 

400 

39 

do 

Sept.    3,1863 

Further  as  to  state  of  preparation  of 
first  iron-clad. 

347 

402 

40 

Foreign  office  to  treasury 

Sept,    3,1863 

Vessels  to  be  prevented  going  to  sea, 
and  detained  till  further  orders. 

349 

403 

41 

Mr.  Adams  to  Earl  Russell 

Sept.    3,1863 

Further  affidavits,  and  representation 
as  to  urgency  of  the  case. 

349 

404 

42 

Treasury  to  foreign  office 

Sept.    4,1863 

First  iron-clad^  stated  to  be  taking  in 
coal,  and  to  be  ready  for  sea. 

350 

405 

43 

Mr.  Adams  to  Earl  Russell 

Sept,    4,1863 

First  vessel  ready  for  sea.    Records 
last  solemn  protest. 

351 

406 

44 

Earl  Russell  to  Mr.  Adams 

Sept.    4,1863 

Answer  to  his  note.    Matter  under  se- 
rious and  anxious  consideration. 

351 

406 

45 

Foreign  office  to  treasury 

Sept.    4,1863 

Evidence  required  as  to  crews  engaged 
for  vessels,  <fcc. 

351 

407 

46 

Foreign  office  to  Messrs.  Laird. 

Sept.    4,1863 

Request  information  as  to  ownership 
of  vessels. 

352 

407 

47 

Home  office  to  foreign  office. . . 

Sept.    4,1863 

Answer  to  No.  36.    Sir  G.  Grey  agrees 
as  to  detention  of  vessels.    Diffi- 
cultv  as  to  evidence. 

352 

407 

48 

Foreign  office  to  treasury 

Sept.    5,1863 

Vessels  to  be  prevented  going  to  sea 
pending  inquiry.    Work  on  board 
may  be  continued. 

352 

408 

49 

Mr.  Adams  to  Earl  Russell 

Sept.    5,1863 

Reply  to  Earl  Russell's  note  of  Sep- 
tember 1.    The  equipment  of  such 
vessels  an  act  of  war. 

352 

408 

50 

Mr.  Colquhoun  to  Earl  Russell. 

Aug.  28, 1863 

Position  of  M.  Bravay    toward  the 
viceroy. 

353 

409 

51 

Earl  Cowley  to  Earl  Russell. . . 

Sept.    6,1863 

Vessels  not  for  French  government. 

354 

410 

Cannot  claim   French  flag  unless 

made  French. 

52 

Messrs.  Laird  to  foreign  office. 

Sept.    5,1863 

Vessels  building  for  M.  Bravay.    One 
will  be  ready  in  a  month,  the  other 
in  six  or  seven  weeks. 

355 

411 

53 

Earl  Ruesell  to  Mr.  Adams 

Sept.    8,1863 

Orders  given  to  prevent  the  departure 
of  the  iron-clads. 

355 

411 

54 

Foreign  office  to  treasury 

Mr.  Adams  to  Earl  Russell 

Sept.    9,1863 
Sept.    9,1863 

Copies  of  Nos.  51  and  52 

355 

412 

55 

Acknowledging  No.  53.    Expressing 

355 

412 

satisfaction  at  steps  taken. 

56 

Treasury  to  foreign  office 

Sept.  10, 1863 

Messrs.  Laird  want  to  make  a  trial- 
trip  with  the  El  Tousson.    What 
instructions  should  be  given  ? 

356 

412 

57 

do 

Sept.  10, 1863 

Copy  of  letter  from  Messrs.  Laird  to 
Mr.  Edwards,  promising  to  give  a 

357  J      4J3 

week's  notice  before  delivering  ves- 

sels to  the  owners. 

• 

BRITISH    CASE    AND    PAPERS. 


361 


Table  of  contents — Continued. 


From  whom  and  to  whom. 


Foreign  office  to  treasury  . . 
Treasury  to  foreign  office  . . 
Earl  Kussell  to  Mr.  Adams. 

Treasury  to  foreign  office  . . 


Foreign  office  to  treasury  . 
Treasury  to  foreign  office . 


[309  J  Mr.  Adams  to  Earl  Bus- 
sell. 


Foreign  office  to  admiralty. 

Admiralty  to  foreign  office. 
Foreign  office  to  treasury.  . 

Foreign  office  to  admiralty. 
Mr.  Grey  to  Earl  Russell . . . 
Admiralty  to  foreign  office: 

Foreign  office  to  treasury.  . 

Admiralty  to  foreign  office. 
Treasury  to  foreign  office . . 

Foreign  office  to  home  office 

Mr.  Grey  to  Earl  Russell . . . 


Date. 


Treasury  to  foreign  office  . . 
Earl  Russell  to  Mr.  Adams. 

Treasury  to  foreign  office. . . 


Foreign  office  to  treasury  and 

admiralty. 
Mr.  Adams  to  Earl  Russell. . . 


Foreign  office  to  home  office. . 
Treasury  to  foreign  office 


do 


Mr.  Adams  to  Earl  Russell 

Mr.  Stuart  to  Earl  Russell 

Earl  Russell  to  Mr.  Colquhoun . 


Sept.  11, 1863 
Sept.  11, 1863 
Sept.  11, 1863 

Sept.  12,186  3 

Sept.  13, 1863 
Sept.  16, 1863 

Sept.  16, 1883 


Sept.  18, 1863 

Sept.  19, 1863 
Sept.  19, 1863 

Sept,  19, 1863 
Sept.  19, 1863 
Sept.  20, 1863 

Sept.  21, 1863 

Sept.  21, 1863 
Sept.  21, 1863 

Sept.  23, 1863 

Sept.  22, 1863 

Sept.  23, 1863 
Sept.  25, 1863 

Sept,  25, 1863 

Sept.  26, 1863 
Sept.  24, 1863 

Sept.  20, 1863 
Sept.  28, 1863 

Sept.  28, 1863 
Sept.  29, 1863 
Sept.  8,1863 
Oct,  1, 1863 


Subject. 


"What  security  is  there  against  escape 
of  El  Tousson  ? 

Letter  from  Messrs.  Laird  in  answer 
to  intimation  of  detention  of  vessels. 

Justifying  the  conduct  of  Her  Majes- 
ty's government.  The  vessels  de- 
tained pending  inquiry. 

Customs  collector  will  answer  for  El 
Tousson  returning  to  port.  Com- 
missioners also  rely  on  Messrs. 
Laird's  promise. 

Permit  trial-trip,  relying  on  Messrs. 
Laird's  promise. 

Report  from  agents  at  Liverpool. 
State  of  El  Tousson.  Work  on  ves- 
sels is  being  pressed. 

Further  representation  as  to  the  equip- 
ment of  vessels  of  war  in  Great  Brit- 
ain for  the  Confederate  States.  M. 
Bravay's  proceedings.  As  to  the 
evidence  generally  respecting  the 
iron-clads. 

Proposed  trial-trip.  "What  measures 
could  he  taken  to  secure  the  return 
of  El  Tousson. 

Instructions  sent  for  a  force  to  he  sent 
on  board  during  trial-trip. 

Arrival  of  Florida  crew  at  Liverpool. 
Messrs.  Laird  to  be  told  that  pre- 
cautions will  be  taken  during  trial- 
trip. 

Copy  of  No.  67.  Instructions  to  be 
sent  accordingly. 

Egyptian  government  deny  having 
anything  to  do  with  iron-clads. 

Proposal  as  to  purchasing  vessels  for 
transfer  to  Turkish  government. 
Letters  to  admiralty  surveyor  and 
Khalil  Effendi. 

Circumstances  justifying  the  deten- 
tion of  the  vessel. 

Trial-trip  postponed 

Communications  with  Messrs.  Laird 
as  to  trial-trip. 

Arrival  of  seamen  from  the  Florida. 
As  to  proceedings  against  them. 

Commander  Hore's  interview  with  M. 
Bravay.  Deed  of  release  transfer- 
ring vessels  from  Captain  Bullock 
to  M.  Bravay  of  18th  June. 

Instruction  to  customs  as  to  precau- 
tions on  trial-trip. 

Answer  to  No.  72.  Vessels  under  de- 
tention. Trial-trip  allowed.  Brit- 
ish government  not  to  be  influenced 
by  menace  of  war. 

Mr.  Edwards  instructed  as  to  precau- 
tions on  trial-trip.  His  interview 
with  Messrs.  Laird. 

Copy  of  No.  75.  Commander  Hore's 
report. 

Representation  as  to  Florida  crew. 
Letter  from  Captain  Maffit  to  Cap- 
tain Bullock. 

Copy  of  above  letter 

Orders  given  to  Mr.  Edwards  to  abide 
strictly  by  his  instructions. 

Report  from  Mr.  Edwards.  Messrs. 
Laird  agree  to  conditions  of  trial - 
trip. 

Repudiates  construction  placed  on  his 
note.  Did  not  intend  to  threaten 
hostile  proceedings. 

Communication  to  United  States 
Government  of  detention  of  iron- 
clads. 

To  report  as  to  position  of  M.  Bravay 
toward  Viceroy. 


Page. 
357 

358 

358 

360 


361 
362 

362 


366 
367 


367 
367 


369 

370 
370 

371 

372 

373 
374 

375 

376 
376 

377 
377 

377 

378 
379 
379 


Page. 
414 


362 


TREATY    OF    WASHINGTON. 

Table  of  contents — Continued. 


From  whom  and  to  whom. 


Date. 


Subject. 


Earl  Russell  to  Lord  Napier 

and  Sir  A.  Paget. 
Admiralty  to  foreign  office 

Oct. 

Oct. 

1, 1863 
2, 1863 

Mr.  Grey  to  Earl  Eussell 

Oct. 

2, 1863 

Sir  A.  Paget  to  Earl  Russell . . 

Oct. 

3, 1863 

Lord  Napier  to  Earl  Eussell . . 

Oct. 

3, 1863 

Foreign  office  to  admiralty 

Oct. 

4, 1863 

Earl  Eussell  to  Mr.  Adams 

Oct. 

5, 1863 

Admiralty  to  foreign  office 

Oct. 

5, 1863 

do 

Oct. 

5, 1863 

do 

Oct. 
Oct. 

7, 1863 

[310]  Foreign  office  t»treasury. 

7, 1863 

Foreign  office  to  admiralty 

Treasury  to  foreign  office 

Oct. 
Oct. 

• 

7, 1863 
7, 1863 

do 

Oct. 

7, 1863 

Foreign  office  to  treasury. 

Oct. 

8, 1863 

Admiralty  to  foreign  office 

Oct. 

8, 1863 

Foreign  office  to  treasury. . 

Treasury  to  foreign  office . .. 

Foreign' office  to  admiralty .... 

Oct. 
Oct. 
Ocr. 

8, 1863 
8, 1863 
8, 1863 

Foreign  office  to  treasury 

Admiralty  to  foreign  office 

Oct. 
Oct. 

8,  1863 
8, 1863 

Foreign  office  to  treasury 

Foreign  office  to  admiralty 

Oct. 
Oct. 

8, 18*63 
9, 1863 

Foreign  office  to  treasury.  . . . 
Treasury  to  foreign  office 

Oct. 

Oct. 

9, 1863 
9, 1863 

Admiralty  to  foreign  office 

Mr.  Stewart  to  treasury 

Treasury  to  foreign  office 

Oct. 
Oct. 
Oct. 

9, 1863 

9, 1863 

10, 1863 

Mr.  Grey  to  Earl  Eussell 

Oct, 

8, 1863 

Admiralty  to  foreign  office 

Foreign  office  tfi  admiralty 

Treasury  to  foreign  office. . 

do 

Foreign  office  to  treasury. . 
Treasury  to  foreign  office. . 

Amiralty  to  foreign  office . 

Mr.  Adams  to  Earl  Eussell 

Foreign  office  to  admiralty 
Treasury  to  foreign  office.. 


Oct.  10,1863 


Oct. 

Oct. 

Oct. 

Oct. 
Oct. 

Oct. 

Oct. 

Oct. 
Oct. 


10, 1863 

12, 1863 

12, 1863 

12, 1863 
12, 1863 

12, 1863 

12, 1863 

13, 1863 
15, 1863 


Has  Russian  (Danish)  government  of- 
fered to  buy  iron-clads  ? 

Application  from  M.  Bravay  to  be  al- 
lowed to  complete  vessels  for  the 
Egyptian  government. 

Further  interview  of  Commander 
Hore  with  M.  Bravay. 

Proposal  made  to  the  Danish  govern- 
ment by  a  person  who  offered  to 
communicate  with  M.  Bravay. 

Eussian  government  do  not  intend  to 
buy  the  ships. 

MM.  Bravay  should  be  referred  to  for- 
eign office. 

Answer  to  No.  84.  Glad  to  find  Mr. 
Adams  was  misunderstood. 

Answer  to  No.  92.  Eeply  sent  to  MM. 
Bravay. 

Captain  Inglefield,  senior  officer  at 
Liverpool,  directed  to  assist  cus- 
toms. 

Report  from  Captain  Inglefield.  What 
instructions  ? 

That  a  customs  officer  be  placed  on 
board  first  iron-clad,  with  orders  to 
seize  in  case  of  an  attempt  to  get  up 
steam  or  remove  her  from  dock. 

Copy  of  No.  97 

Precautions  adopted  by  customs  offi- 
cer in  communication  with  Captain 
Inglefield. 

Instructions  given  inaccqrdancewith 
No.  97.    Letter  to  Messrs.  Laird. 

In  case  of  doubt  seizure  should  be  ef- 
fected. 

Telegram  from  Captain  Inglefield. 
Men  ready  for  secret  service ;  tow- 
lines  on  board. 

Vessel  to  be  seized  at  once 

Copy  of  No.  103  sent  to  customs 

Copy  of  No.  103.  Conclude  Captain 
Inglefield  will  support  customs. 

Copy  of  No.  105 

Captain  Inglefield  directed  to  main- 
tain seizure. 

Second  vessel  to  be  seized 

Captain  Inglefield  to  support  seizure 
of  second  vessel. 

Copy  of  No.  109 

Letter  from  Messrs.  Laird  assenting 
to  customs  officer  being  placed  on 
board  El  Tousson. 

Instructions  sent  to  Captain  Inglefield 

Second  iron-clad  seized 

Letter  from  Messrs.  Laird  respecting 
the  seizure  of  the  second  iron-clad. 

Statementof  Turkish  embassador.  Ho 
will  apply  to  M.  Bravay  to  purchase 
iron-clads. 

Report  from  Captain  Inglefield. 
Measures  taken  by  him.  List  of 
Florida  crew. 

Captain  Inglefield  may  station  ma- 
rines where  he  thinks  best. 

Messrs.  Laird  wish  to  move  El  Mou- 
nassir. 

Arrangements  for  seizure  of  vessels. 
Are  workmen  to  be  removed  ? 

Copy  of  No.  117 

Answer  to  No.  118.  Leave  the  matter 
to  Captain  Inglefield  and  customs 
officer. 

Further  report  as  to  steps  taken  by 
Captain  Inglefield. 

Satisfaction  of  United  States  Govern- 
ment at  the  detention  of  iron-clads. 

Copy  of  No.  121 

Report  from  Mr.  Edwards  as  to  impos- 
sibility of  iron-clads  escaping. 


Page. 
379 


BRITISH   CASE    AND    PAPERS. 


363 


Table  of  contents — Continued. 


From  whom  and  to  whom. 


Foreign  office  to  treasury 

Foreign  office  to  admiralty . . . 
Mr.  Colquhoun  to  Earl  Russell 

Earl  Russell  to  Mr.  Colquhoun 
Sir  A.  Paget  to  Earl  Russell . 

Treasury  to  foreign  office 


Law-officers  to  foreign  office  . 

Home  office  to  foreign  office. . 
Foreign  office  to  treasury  — 


Treasury  to  foreign  office. . . 
Admiralty  to  foreign  office . 


Foreign  office  to  admiralty . . . 

Foreign  office  to  treasury 

Foreign  office  to  admiralty... 
Law-officers  to  foreign  office  . 


Treasury  to  foreign  office 

Foreign  office  to  admiralty 

[311]  Foreign  office  to  treasury 
Earl  Russell  to  Mr.  Col- 
quhoun. 

Mr.  Colquhoun  to  Earl  Russell 

Admiralty  to  foreign  office 

Earl  Russell  to  KJialil  Effendi. 
Khalil  Effendi  to  Earl  Russell. 
Earl  Cowley  to  Earl  Russell. . . 

Treasury  to  foreign  office 

Admiralty  to  foreign  office 


Law-officers  to  foreign  office. . 


.do 


Foreign  office  to  treasury 


's: 


Date. 


Oct.  16,1863 

Oct.  16,1863 

Oct.  16,1863 

Oct.  17,1863 

Oct.  15,1863 

Oct.  19,1863 


Oct.  19,1863 

Oct.  20,1863 

Oct.  20,1863 

Oct.  20,1863 

Oct.  20,1863 

Oct.  20,1863 

Oct.  20,1863 

Oct.  21,1863 

Oct.  21,1863 

Oct.  21,1863 

Oct.  21,1863 


Oct.  22,1863 
Oct.  23,1863 


Oct.  24,1863 

Oct.  24,1863 

Oct.  24,1863 

Oct  24,1863 

Oct.  25,1863 

Oct.  26,1863 

Oct.  26,1863 


Subject. 


Oct.    26,1863 


Oct.    26,1863 

Oct.    26,1863 
Oct.    26,1863 


Answer Ibo  No.  125.   No  reason  to  relax 

vigilance. 
Copy  of  preceding 

Viceroy  denies  having  anything  to  do 
with  the  iron-clads. 

When  did  Viceroy  first  refuse  vessels  ? 

The  Danish  government  understand 
the  vessels  are  not  for  sale. 

Letters  from  Messrs.  Laird  proposing 
trial-trip  for  El  Tousson,  and  de- 
claring forcible  abduction  of  vessels 
impossible. 

Opinion  on  points  arising  from  seizure 
of  the  vessels. 

"Work  on  vessels  is  being  expedited. . 

Opinion  of  law-officers  on  questions 
arising  from  seizure. 

Further  application  from  Messrs. 
Laird  as  to  trial-trip  of  El  Tousson. 

Report  from  Captain  Inglefield.  Cor- 
respondence with  Messrs.  Laird  as 
to  El  Mounassir. 

Copy  of  law-officers'  opinion 

Cannot  permit  trial-trip 

Copy  of  preceding 

Opinion  that  evidence  is  sufficient  to 
justify  seizure. 

Letter  to  Messrs.  Laird  refusing  to  al- 
low trial-trip. 

Rely  on  Captain  Inglefield  to  maintain 
seizures.  "What  does  he  think  as  to 
removing  workmen  ? 

Copy  of  preceding 

To  procure  a  clear  statement  respect- 
ing M.  Bravay's  transaction  with 
the  Viceroy. 

Viceroy  says  he  refused  iron-clads 
about  30th  of  January. 

Report  from  Captain  Inglefield.  He 
thinks  workmen  should  be  left  on 
board. 

Has  the  Porte  applied  to  M.  Bravay 
respecting  iron-clads  ? 

Steps  taken  respecting  purchase  of 
iron-clads. 

M.  Bravay's  statement  to  Turkish 
embassador. 

Renewed  application  from  Messrs. 
Laird  as  to  trial-trip. 

Inclosing  a  report  from  Captain  Ingle- 
field, and  suggesting  that,  as  there 
is  a  probability  of  an  attempt  being 
made  to  carry  off  the  vessels,  they 
should  be  taken  entire  possession 
of,  and  removed  from  the  docks  and 
placed  under  the  sole  charge  of  Cap- 
tain Inglefield  and  the  customs  offi- 
cers, and  the  workmen  removed. 

Opinion  that  it  is  for  Her  Majasty's 
government  to  exercise  their  discre- 
tion as  to  sufficient  reasons  existing 
for  removing  the  vessels  and  dis- 
placing the  workmen.  The  vessels 
can  legally  be  removed.  Notice 
should  be  given  to  Messrs.  Laird 
and  M.  Bravay.  Presume  that,  un- 
der the  circumstances  reported  by 
Captain  Inglefield,previous  decision 
as  to  trial-trip  will  not  be  altered. 
Ground  to  be  stated  for  seizure. 

Opinion  as  to  ill-feeling  shown  by 
workmen. 

Permission  for  trial-trip  to  be  refused. 

The  iron-clads  should  be  taken  full  pos- 
session of,  the  workmen  removed, 
and  the  vessels  taken  into  the  Mer- 
sey and  moored  as  Captain  Ingle- 
field directs.  A  guard  to  be  placed 
on  board  them. 


si 


Page. 
402 

402 
402 

403 
403 

403 


405 

406 
407 

407 

408 

411 
411 
411 
412 

413 

413 


414 
414 


414 
415 

415 
416 
416 
416 
417 


419 


419 
420 


364 


TREATY    OF   WASHINGTON, 

Table  of  contents — Continued. 


From  whom  and  to  whom. 


Foreign  office  to  treasury 

Foreign  office  to  admiralty 

do 

Treasury  to  foreign  office 

...r.&o 


Foreign  office  to  Treasury 

Earl  Cowley  to  Earl  Russell . . . 

Treasury  to  foreign  office 


Foreign  office  to  treasury 

Foreign  office  to  admiralty 

Admiralty  to  foreign  office 

do 


.do 


Foreign  office  to  treasury 

Foreign  office  to  admiralty 

Messrs.  Laird  to  foreign  office . 

Treasury  to  foreign  office 


Foreign  office  to  treasury 

Foreign  office  to  Messrs.  Laird 

[312  J  Treasury  to  foreign  office 
do 


Foreign  office  to  treasury 


Messrs.  Laird  to  foreign  office . 
Foreign  office  to  Messrs.  Laird 

Treasury  to  foreign  office 


Admiralty  to  foreign  office. . 
do 


Foreign  office  to  admiralty. . . 
Foreign  office  to  treasury 


Treasury  to  foreign  office 

Admiralty  to  foreign  office... 


Date. 


Oct.  26,1863 

Oct.  26,1863 

Oct.  26,1863 

Oct.  27,1863 

Oct.  27,1863 


Oct.  27,1863 
Oct.  27,1863 

Oct.  28,1863 


Oct.  28,1863 

Oct.  28,  1863 

Oct,  28,1863 

Oct.  29,1863 


Oct.  29,1863 

Oct.  29,1863 

Oct.  29,1863 
Oct.  29,1863 

Oct.  30,1863 

Oct.  30,1863 
Oct.  30,1863 

Oct.  29,1863 
Oct.  31,1863 

Oct.  31,1863 

Oct.  31,1863 

Oct,  31,1863 

Oct.  31,1863 
Nov.  2,1863 

Nov.    2,1863 

Nov.    2,1863 

Nov.    2,1863 

Nov.    3,1863 
Nov.    3,1863 

Nov.    3,1863 

Nov.    5,1863 


Subject. 


Opinion  of  law-officers.  Notice  to  be 
given  to  Messrs.  Laird  and  M.  Bra- 
vay: grounds  to  be  stated  for  seizure. 

Inclosing  copy  of  No.  155.  Instruc- 
tions to  be  given  accordingly.  Con- 
cur as  to  Prince  Consort  being  sent 
to  the  Mersey ;  copy  also  of  No.  156. 

Substance  of  law-officers'  report  (No. 
153)  as  to  ill-feeling  of  workmen. 

Instructions  sent  for  taking  full  pos- 
session of  vessels  on  behalf  of  the 
Crown. 

Letter  to  commissioner  of  customs, 
inclosing  copy  of  No.  156,  and  giv- 
ing instructions  accordingly. 

Copy  of  No.  158 

Besult  of  communication  made  to  M. 
Bravay  by  Turkish  embassador. 

Eeport  from  customs,  suggesting  that 
vessels  should  be  left  under  the 
charge  of  Captain  Inglefield.  Mr. 
Edwards's  views  on  the  matter. 

Concur  as  to  vessels  being  left  under 
the  charge  of  Captain  Inglefield. 

Copy  of  preceding 

Eeport  from  Captain  Inglefield  as  to 
steps  he  proposes  to  take. 

Copy  of  telegram  from  Messrs.  Laird, 
protesting  against  removal  of  iron- 
clads. 

Copy  of  similar  telegram  from  Messrs. 
Laird. 

Answer  to  be  sent  by  telegraph  to 
Messrs.  Laird's  protest. 

Copy  of  No.  169 

Becording  telegram  protesting  against 
removal  of  iron-clads. 

Further  protest  from  Messrs.  Laird. 
Propose  to  consult  treasury  solicitor 
as  to  answer. 

Solicitor  should  consult  law-officers. . . 

Acknowledging  No.  171.  Matter  re- 
ferred to  treasury. 

Copy  of  telegram  sent  to  Messrs.  Laird. 

Treasury  solicitor  to  consult  law-offi- 
cers, as  suggested. 

Letter  from  home  office ;  no  disturb- 
ance apprehended  at  Birkenhead. 

Eenewed  protest  from  Messrs.  Laird 
against  the  removal  of  the  vessels 
into  the  Mersey.  Suggest  commu- 
nication to  admiralty. 

Answer  to  No.  178.  Messrs.  Laird 
should  be  told  that  treasury  have 
nothing  to  add  to  telegram  of  29th ; 
rely  upon  Captain  Inglefield. 

Eenewed  protest.    Same  as  in  No.  178. 

Answer  to  No.  180.  Matter  referred 
to  treasury.  • 

Correspondence  relative  to  transfer  of 
vessels  to  the  charge  of  Captain  In- 
glefield. 

El  Tousson  removed  into  the  Mersey ; 
arrangements  respecting  El  Mounas- 
sir.  Propose  to  approve  proceedings. 

Further  report  as  to  manner  in  which 

Bossession  was  taken  of  the  vessels 
y  Captain  Inglefield. 

Concur  in  approval  of  Captain  Ingle- 
field. 

Answer  to  No.  182.  Concur  in  steps 
taken  for  transfer  of  charge  of  ves- 
sels. 

Law-officers'  opinion  as  to  answer  to 
Messrs.  Laird.  Notices  sent  to 
Messrs.  Laird  and  M.  Bravay. 

Correspondence  between  Captain  In- 
glefield and  Messrs.  Laird  relative 
to  removal  of  vessels. 


Page. 
420 


421 

421 

421 

422 

422 
423 

423 

424 

424 

425 

426 

426 

426 

427 
427 

427 

428 
429 

429 

429 

429 
430 

431 

431 
431 

431 

433 

434 

435 
435 

436 

437 


BRITISH    CASE    AND    PAPERS. 


365 


Table  of  contents — Continued. 


From  whom  and  to  whom. 


Admiralty  to  foreign  office. . 
Treasury  to  foreign  office  . . . 


.do 


Admiralty  to  foreign  office  . . 
Sir  A.  Paget  to  Earl  Russell. 


Mr.  Colquhoun  to  Earl  Russell 
do 


Messrs.  Laird  to  foreign  office. 

Admiralty  to  foreign  office 

Foreign  office  to  Messrs.  Laird 
Foreign  office  to  treasury 

Treasury  to  foreign  office 

Foreign  office  to  treasury 

Treasury  to  foreign  office 

do 

do 


Foreign  office  to  treasury 

Treasury  to  foreign  office 

Foreign  office  to  treasury 

Treasury  to  foreign  office 

do 

Foreign  office  to  treasury 

Admiralty  to  foreign  office 

Foreign  office  to  admiralty 

Admiralty  to  foreign  office 

do 

do 

do 


Foreign  office  to  treasury. 
[313]  Treasury  to  foreign  office. 

Foreign  office  to  treasury. 
Treasury  to  foreign  office 


Messrs.  Rowcliffe  &  Cotterill 
to  treasury  solicitor. 

Messrs.  Gregory  &  Co.  to  treas- 
ury solicitor. 

Treasury  solicitor  to  Messrs. 
Rowcliffe  &  Cotterill. 


'Date. 


Subject. 


Nov.    7,1863 

Nov.    7,1863 

Nov.  7,1863 
Nov.  10, 1863 
Nov.  11, 1863 

Nov.  16, 1863 

Nov.  17, 1863 


Dec. 
Dec. 
Dec. 
Dec. 


7, 1863 
10, 1863 
11, 1863 
11, 1863 


Dec.  17,1863 


Dec. 
Dec. 

Dec. 

Jan. 

Jan. 

Jan. 

Feb. 

Feb. 

Feb. 

Feb. 
Mar. 

Mar. 
Mar. 
Mar. 


18, 1863 
23, 1863 

29. 1863 

13. 1864 
14, 1864 
26, 1864 

2, 1864 

4, 1864 

4, 1864 

6, 1864 
16, 1864 

17, 1864 
18, 1864 
21, 1864 


Mar.  24, 1864 
May  5, 1864 


May  7, 1864 
May  10,1864 
May  10,1864 
May  14,1864 

May  20, 1864 

May  20,1864 

May  26, 1864 


Letter  from  Messrs.  Bravay,  protest- 
ing against  seizure. 

Letter  from  Messrs.  Bravay  in  answer 
to  notice  of  seizure. 

Iron-clads  appraised  at  £186,000 

El  Mounassir  moored  in  the  Sloyne. . . 

Further  particulars  respecting  nego- 
tiations for  sale  of  iron-clads  to  Da- 
nish government. 

Statement  of  Viceroy  as  to  what  has 
passed  between  him  and  M.  Bravay 
respecting  the  iron-clads. 

No  legal  proceedings  instituted  by  M. 
Bravay  against  the  Viceroy  respect- 
ing the  iron-clad  vessels. 

As  to  necessity  of  insuring  the  vessels . 

do 

Their  letters  referred  to  the  treasury. 

Referring  Messrs.  Laird's  letter  as  to 
insuring  the  vessels. 

Proposed  answer  to  Messrs.  Laird  as 
to  question  of  insurance. 

Agree  in  proposed  answer 

Messrs.  Laird  object  to  proposed  ar- 
rangement for  insurance. 

Steps  taken  to  preserve  the  vessels 
from  injury. 

Messrs.  Laird's  request  to  be  allowed 
to  complete  the  vessels. 

Cannot  agree  to  Messrs.  Laird's  re- 
quest. 

Renewed  request  from  Messrs.  Laird 
to  be  allowed  to  complete  the  vessels. 

Trial  coming  on ;  cannot  allow  Messrs. 
Laird  to  complete  the  vessels. 

Have  informed  Messrs.  Laird  accord- 
ingly. 

Letter  from  Messrs.  Laird,  pressing 
for  speedy  trial. 

Can  give  no  further  answer  as  to  trial. 

Messrs.  Bravay  ask  too  much  for  the 
iron-clads. 

To  wait  for  decision  of  the  cabinet . . . 

Will  await  a  further  communication . . 

Copies  of  correspondence  with  Messrs. 
Bravay  as  to  purchase  of  iron-clads 
for  Her  Majesty's  government. 

Proposed  answer  to  Messrs.  Bravay  .. 

Are  prepared  to  give  $195,000  for  the 
vessels,  and  £25,000  for  their  com- 
pletion. 

Treasury  solicitor  to  write  accordingly. 

Instructions  given  to  treasury  solicitor. 

Agree  in  instructions 

Letters  written  to  Messrs.  Laird  and 
Bravay's  solicitors. 

Accept  terms  offered  as  to  distribu- 
tion of  purchase-money. 

That  legal  proceedings  be  stayed 


Agree  to  apportionment  of  purchase- 
money. 


Page. 
439 

440 

441 

442 
442 


444 

444 
445 
445 
445 

445 

446 
446 

447 

448 

450 

450 

451 

451 

451 

452 

452 

452 
452 
453 


455 
456 


456 
457 

458 
458 

459 

460 

4C0 


[315]  *IR0N-CLAD  VESSELS  BUILT  AT  MESSRS.  LAIRD'S  YARD, 

BIRKENHEAD. 


Xo.  1. 

Mr.  Colquhoun  to  Earl  Bussell. 

[Extract.] 

Alexandria,  February  26,  1803.     (Received  March  9.) 
In  addition  to  the  question  of  the  mines,  the  Frenchman,  M.  Brava'y, 
brings  forward  claims  which  I  am  given  to  understand    Iron.clada  Bt  ,.h, 
amount  to  about  6,000,000  francs.     He  claims  to  execute  a  kenhea* 
verbal  order  of  the  late  viceroy  for  two  steel-clad  frigates.  Coire ^onden< *• 

Now  I  know  that  Said  Pasha,  after  his  visit  to  our  dock-yards  and  to 
Cherbourg,  and  after  conversing  with  the  practical  men  of  both  coun- 
tries, decided  against  the  principle  of  such  ships,  except  in  very  rare 
cases ;  that  in  England,  where  he  was  brought  in  contact  with  the  best 
builders,  he  confined  his  orders  to  a  different  class  of  ships;  it  is  not, 
therefore,  likely  he  should  give  an  order  to  one  in  the  trade. 


Xo.  2. 
J/r.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 

July  11,  1863.     (Received July  11 — 5.45  p.  m.) 
• 

My  Lord  :  It  is  with  unaffected  regret  that  ]  perform  the  duty  in- 
cumbent on  me,  as  the  representative  of  the  Government  of  the  United 
States,  of  laying  before  you  copies  of  a  letter  from  the  consul  of  the 
United  States  at  Liverpool,  and  of  four  depositions,  all  intended  to  show 
a  determined  perseverance  in  the  same  acts  of  hostility  at  the  port  of 
Liverpool,  which  have  formed  the  subject  of  my  remonstrances  almost 
from  the  day  that  I  have  had  the  honor  first  to  occupy  this  post. 

In  many  preceding  communications  I  have  endeavored  to  set  forth 
the  facts  which  appear  to  me  to  prove,  beyond  the  possibility  of  a  doubt, 
the  establishment  on  the  part  of  the  insurgents  in  the  United  States  of 
a  systematic  plan  of  warfare  upon  the  people  of  the  United  States,  car- 
ried on  from  the  port  of  Liverpool,  as  well  as  in  less  degree  from  other 
ports  of  this  kingdom.  In  this  policy,  the  persons  who  have  been  sent 
out,  and  have  acted  as  agents,  have  received  the  aid  and  effective  co- 
operation of  numbers  of  Her  Majesty's  subjects.  The  results  of  this 
conduct  have  been  felt  in  the  dispatch  of  numbers  of  steam-vessels  laden 
with  arms  and  munitions  of  war  of  every  description,  together  with 
other  supplies  well  adapted  to  procrastinate  the  struggle,  with  the  pur- 
pose of  breaking  a  blockade  legitimately  established,  and  fully  recog- 


368  TREATY    OF    WASHINGTON. 

nized  by  Her  Majesty  in  the  proclamation  issued  by  her  forbidding  all 
such  acts.  It  is  needless  to  point  out  to  jour  lordship  how  exclusively 
this  business  has  been  carried  on  by  British  subjects  in  British  vessels, 
and  how  much  the  burden  of  the  war  has  been  increased  by  the  neces- 
sity of  maintaining  a.corresponding  naval  force  on  the  ocean  in  order  to 
suppress  it.  Nor  yet  will  I  enlarge  upon  the  use  to  which  the  British 
islands  of  Bermuda  and  New  Providence  have  been  put  by  British  sub- 
jects, as  convenient  points  for  the  storing  all  these  supplies,  to  the  end 
that  they  may  be  more  easily  dispatched  to  their  illegal  destination. 

But  not  satisfied  with  the  aid  thus  obtained,  the  next  step  of  the 
agents  alluded  to  has  been  to  enlist  the  aid  and  co-operation  of 
[31G]  British  subjects  in  constructing  for  their  *use  steam-vessels  ex- 
pressly adapted  to  the  object  of  carrying  on  war  against  the  com- 
merce of  the  people  of  the  United  States.  The  extent  to  which  this  has 
been  actually  procured  has  been  made  visible  to  your  lordship  in  the 
various  remonstrances  heretofore  presented  by  myself  to  jTour  atten- 
tion, unhappily  too  little  heeded  to  secure  prevention,  and  still  more  by 
the  fact  that  for  all  the  vessels  now  on  the  ocean  engaged  in  the  work 
of  depredation  on  the  commerce  of  the  United  States,  British  subjects 
must  be  held  responsible  in  regard  to  their  construction,  equipment, 
manning,  and  outfit. 

Furthermore,  it  appears  that  the  aforesaid  agents,  under  express  in- 
structions from  the  so-called  authorities  of  the  insurgents,  who  soon 
fell  short  in  the  pecuniary  means  to  conduct  their  extensive  warlike 
operations,  have  solicted  the  assistance  of  Her  Majesty's  subjects  in  this 
kingdom  in  advancing  to  them  the  funds  to  be  appropriated  to  their  ob- 
jects. The  purpose  of  this  application  to  carry  on  the  war  with  the 
people  of  the  United  States  with  the  means  thus  raised  was  distinctly 
declared.  To  that  end  a  loan  of.  £3,000,000  sterling  was  proposed. 
That  negotiation  was  entered  into,  and  the  means  have  actually  been 
obtained  in  a  great  measure  from  the  contributions  of  Pier  Majesty's 
subjects. 

Thus  it  is  manifest  that  all  of  those  things  denominated  the  sinews 
of  war,  to  wit,  men  and  money,  ships,  arms,  gunpowder,  and  supplies, 
have  been  continuously  furnished  by  Her  Majesty's  subjects  almost  from 
the  beginning  of  the  contest.  A  war  has  thus  been  practically  con- 
ducted by  a  portion  of  her  people  against  a  government  with  which  Her 
Majesty  is  under  the  most  solemn  of  all  national  engagements  to  preserve 
a  lasting  and  durable  peace. 

The  Government  of  the  United  States  has  in  the  mean  time  tried  not 
to  be  wanting  in  performing  the  obligations  incumbent  upon  it  as  a 
friend  of  Great  Britain.  In  every  particular  in  which  it  has  4>een  called 
upon  in  a  suitable  manner,  it  has  labored  promptly  to  meet  and  satisfy 
every  just  cause  of  complaint.  So  far  as  possible,  consistently  with 
the  difficulties  in  which  it  has  been  placed,  it  has  assiduously  striven 
to  cultivate  the  most  kindly  relations.  It  has  been,  therefore,  with  the 
greatest  regret  that  it  has  been  compelled  to  feel  itself  the  innocent  ob- 
ject of  a  degree  of  active  malevolence  from  a  portion  of  Her  Majesty's 
subjects  which  has  largely  contributed  to  aggravate  the  severity  of  its 
trials.  The  fact  that  the  aid  extended  to  this  rebellion  has  had  its 
source  almost  exclusively  from  Her  Majesty's  subjects  is  made  too  noto- 
rious by  the  events  of  the  struggle  to  need  to  be  further  enlarged  upon. 

In  making  this  representation  I  do  not  intend  to  be  understood  as  im- 
plying the  smallest  disposition  on  the  part  of  Her  Majesty's  govern- 
ment in  any  way  to  sanction,  or  even  to  tolerate,  the  proceedings  com- 
plained of.    On  the  contrary,  I  cheerfully  record  my  conviction  that 


BRITISH    CASE    AND     PAPERS.  369 

they  condemn  them  as  practically  infringements  of  international  obli- 
gations, which  it  is  their  desire  to  prevent  with  all  the  means  under 
their  control.  Fruitless  as  have  been  the  greater  part  of  the  remon- 
strances which  I  have  had  the  honor  to  make,  I  am  well  aware  that 
the  causes  assigned  for  it  do  not  relate  to  the  want  of  will  so  much  as  to 
the  absence  of  power  in  the  existing  laws  to  reach  a  remedy.  But,  ad- 
mitting this  to  be  the  case,  if  an  injury  be  inflicted  upon  an  innocent 
friendly  nation,  it  surely  cannot  be  a  satisfactory  reply  to  its  complaints 
to  say  that  the  government  having  the  will,  is  not  also  clothed  with 
the  necessary  powers  to  make  reparation  for  the  past  and  effect  preven- 
tion for  the  future. 

Having  thus  acquitted  myself  of  the  painful  duty  of  recapitulating 
the  points  I  am  instructed  by  my  Government  to  present,  I  now  have 
the  honor  to  solicit  your  attention  to  the  evidence  of  the  last  and  gravest 
act  of  intentional  hostility  yet  committed.  It  is  the  construction  and 
equipment  of  a  steam  vessel  of  war,  of  the  most  formidable  kind  now 
known,  in  the  port  of  Liverpool.  All  the  appliances  of  British  skill  to 
the  arts  of  destruction  appear  to  have  been  resorted  to  for  the  purpose 
of  doing  injury  to  the  people  of  the  United  States.  The  very  construc- 
tion of  such  a  vessel  in  a  country  itself  in  a  state  of  profound  peace, 
without  any  explanation  of  the  objects  to  which  it  is  to  be  applied,  is 
calculated  to  excite  uneasiness  on  the  part  of  those  involved  in  a  con- 
test where  only  it  could  be  expected  to  be  made  of  use.  But  when  it 
further  appears  that  it  is  constructed  by  parties  who  have  been  already 
proved  to  have  furnished  one  vessel  of  war  to  the  insurgents  in  America, 
and  who  are  now  shown  to  be  acting  in  co-operation  with  their  well- 
known  agents  on  the  spot  in  the  preparation  of  that  now  in  question,  it 
is  not  unnatural  that  such  proceedings  should  be  regarded  by  the  Gov- 
ernment and  people  of  the  United  States  with  the  greatest  alarm,  as 
virtually  tantamount  to  a  participation  in  the  war  by  the  people  of 
Great  Britain  to  a  degree  which,  if  not  seasonably  prevented,  cannot 

fail  to  endanger  the  peace  and  welfare  of  both  countries.  I  trust 
[317]    I  need  not  assure  your  lordship  how  deeply  ^concerned  is  the 

Government  which  I  have  the  honor  to  represent  in  the  view  of 
any  such  possibility,  and  how  earnestly  it  hopes  that  Her  Majesty's 
government,  having  the  will,  may  find  itself  likewise  vested  with  the 
needful  powers  to  guard  against  any  such  occurrence. 

I  pray,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  1  in  No.  2.] 

Mr.  Dudley  to  Mr.  Adams. 

United  States  Consulate, 

Liverpool,  July  8,  18G3. 
Sir:  I  have  the  honor  to  inclose  you  a  copy  of  an  application  by  me  made  yesterday 
to  the  collector  of  customs  at  Liverpool,  to  stop  the  iron-clad  ram  building  for  the  in- 
surgents in  the  United  States  by  the  Messrs.  Laird  at  Birkenhead,  and  launched  from 
their  yard  on  Saturday  last.  Also  copies  of  William  H.  Russell's,  Joseph  Ellis's,  Clar- 
ence R.  Yonge's,  G.  T.  Chapman's,  and.  my  own  affidavits,  upon  which  the  application 
was  based.  The  affidavits  were  made  before,  and  the  originals  left  with,  the  said  col- 
lector. 

I  am,  &c, 

(Signed)  THOMAS  H.  DUDLEY. 

H.  Ex.  282,  vol.  ii 24 


370  TREATY    OF    WASHINGTON. 

flnclosure  2  in  ~No.  2.] 
Mr.  Dudley  to  Mr,  Edwards. 

I,  the  undersigned,  Thomas  Haines  Dudley,  consul  of  the  United  States  of  America 
for  the  port  of  Liverpool  and  its  dependencies,  do  hereby  apply  to  you,  on  behalf  of  the 
Government  of  the  United  States  of  America,  to  seize  and  detain  an  iron-clad  vessel  of 
war  launched  from  the  yard  of  Messrs.  Laird  &  Co.,  at  Birkenhead,  on  the  4th  day  of 
July  instant,  and  now  lying  at  Birkenhead  aforesaid,  with  her  tackle,  apparel,  and  fur- 
niture, with  all  the  materials,  arms,  ammunition,  and.  stores  which  may  belong  to  or  be 
on  board  of  the  said  vessel,  pursuant  to  the  power  given  to  you  in  that  behalf  by  the 
seventh  section  of  the  act  of  Parliament,  59  Geo.  Ill,  c.  69,  on  the  ground  that  such  ves- 
sel is  being  equipped,  furnished,  fitted  out,  and  armed,  in  order  that  such  vessel  shall 
be  employed  in  the  service  of  the  persons  assuming  to  exercise  the  power  of  govern- 
ment, and  called  the  Confederate  States  of  America,  and  with  the  intent  to  cruise  and 
commit  hostilities  against  the  Government  and  citizens  of  the  United  States  of  America, 
with  which  Government  Her  Majesty  the  Queen  is  not  now  at  war. 

(Signed)  T.  H.  DUDLEY. 

July  7, 1863. 


[Inclosuie  3  in  No.  2.] 

Depositions. 

We,  William  Hayden  Russell,  of  Brooklyn,  in  the  State  of  New  York,  in  the  United 
States  of  America,  master  mariner,  now  at  Liverpool,  in  the  county  of  Lancaster,  in 
England,  and  Joseph  Ellis,  of  No.  161  Athol  street,  in  Liverpool  aforesaid,  master  shix>- 
wright,  make  oath  and  say  as  follows : 

1.  I,  the  said  William  Hayden  Russell,  for  myself,  say :  I  have  been  in  command  of 
American  merchant-vessels  for  the  last  thirty  years,  and  for  the  last  eighteen  years  I 
have  commanded  packet-ships  trading  between  New  York  and  Liverpool.  I  have  fre- 
quently been  on  board  British  and  American  vessels  of  war  of  all  classes,  and  I  am  well 
acquainted  with  their  mode  of  construction. 

2.  I,  the  said  Joseph  Ellis,  for  myself,  say :  I  have  been  regularly  brought  up  to  the 
business  of  a  shipwright,  and  I  have  assisted  in  the  construction  of  iron-clad  vessels  of 
war. 

3.  And  we,  the  said  William  Hayden  Russell  and  Joseph  Ellis,  for  ourselves,  say  as 

follows :  On  Saturday  last,  the  4th  day  of  July  instant,  we  were  present  in  the 
[318]  shipbuilding  yard  of  Messrs.  Laird  &  Co.,  at  Birkenhead,  when  an  iron-clad 
steam- vessel  built  by  them  was  launched. 

4.  The  vessel  in  question  was  one  of  twro  iron-clad  steam-vessels  built  alongside  of 
each  other  at  the  southern  end  of  the  yard,  and  which  appeared  to  be  in  all  material 
respects  similar  to  each  other. 

5.  Before  the  said  vessel  was  launched  we  carefully  examined  her  externally ;  we 
walked  along  the  whole  length  of  the  vessel,  within  seven  or  eight  yards  of  her,  and 
saw  the  whole  structure  of  the  vessel  from  the  keel  upward. 

6.  The  said  vessel  is,  to  the  best  of  our  judgment,  about  230  feet  long,  with  from  38 
to  40  feet  beam.  She  is  covered  with  iron  plates  from  the  point  of  a  ram,  or  piercer, 
projecting  from  her  stem  to  within  about  20  feet  from  her  stern.  We  saw  an  iron  plate 
which  one  of  the  foremen  in  the  yard  informed  us  was  prepared  for  the  other  of  the 
said  iron-clad  vessels,  and  similar  to  the  plates  upon  the  vessel  which  we  saw  launched. 
The  thickness  of  such  plate  was  about  4£  inches.  The  said  vessel  had  a  space  at  the 
stern  covered  over  with  an  iron-plated  house  of  great  strength,  and  there  was  a  larger 
space  forward,  apparently  intended  for  a  forecastle,  which  was  also  covered  with  a 
similar  iron-house. 

7.  The  ram,  or  piercer,  which  we  have  mentioned,  is  a  prolongation  of  the  stem  of  the 
vessel  projecting  about  7  feet  from  a  perpendicular  line  drawn  from  the  upper  part  of 
the  stem.  It  is  of  immense  strength,  and  is  so  placed  that  when  the  vessel  is  in  sea- 
going trim,  with  her  engines  and  stores  on  board,  the  upper  part  of  it  would  be,  as  far 
as  we  can  judge,  2  or  3  feet  below  the  surface  of  the  water. 

8.  On  the  quay  near  the  said  vessel,  and  also  in  Messrs.  Laird  &  Co.'s  yard,  we  saw 
two  circular  iron  turrets  in  the  course  of  construction,  such  as  would  be  used  for  carry- 
ing turret-guns  on  board  such  a  vessel.  The  diameter  of  each  of  these  turrets,  as  well 
as  we  could  judge,  was  about  20  feet.  The  frames  of  these  turrets  were  of  iron,  of  great 
strength,  placed  about  15  inches  apart  from  each  other,  and  they  were  evidently  pre- 
pared to  receive  planking  and  iron-plating. 

9.  The  said  vessel  was  built  in  all  respects  as  an  iron-clad  vessel  of  war,  and  is  armed 
as  above-mentioned  with  a  projecting  ram,  or  piercer,  for  the  purpose  of  destroying  and 
sinking  other  vessels.    We  have  no  hesitation  in  saying  that  the  said  vessel  is  an  iron- 


BRITISH    CASE    AND    PAPERS.  371 

cl:;d  ram  of  the  most  formidable  description,  and  cannot  be  intended  for  any  purpose 
but  that  of  war. 

(Signed)  W.  H.  RUSSELL. 

JOSEPH  ELLIS. 

The  same  William  Hayden  Russell  and  Joseph  Ellis  were  severally  sworn  at  Liver- 
pool, in  the  county  of  Lancaster,  the  7th  day  of  July,  1853,  before  me, 

(Signed)  S.  PRICE  EDWARDS, 

Collector,  Liveipool. 


Clarence  Randolph  Yonge,  of  the  State  of  Georgia,  in  the  United  States  of  America, 
late  paymaster  on  board  the  steamer  Alabama,  formerly  called  the  290,  built  by  Wil- 
liam and  John  Laird  &  Co.  at  Birkenhead,  makes  oath  and  says :  I  know  Captain 
James  D.  Bullock,  of  the  State  of  Georgia,  in  the  United  States,  now  residing  at  Water- 
loo, near  Liverpool,  in  England.  He  is  a  commander  in  the  navy  of  the  so-called  Con- 
federate States  of  America ;  his  business  in  England  is  superintending  the  building  of 
iron-clads  and  other  war  vessels  for  the  Confederate  States.  In  the  autumn  of  1861 
Captain  Bullock  came  from  England  to  Savannah,  Georgia,  in  the  England  steamer 
Fingal.  At  that  time' I  was  in  the  naval  paymaster's  office  in  Savannah,  Georgia,  un- 
der the  confederate  government.  Previous  to  Captain  Bullock  leaving  England,  as  I 
afterward  learned,  he  had  contracted  for  two  steamers  for  the  confederate  government, 
one  called  the  Oreto,  now  called  the  Florida,  built  by  William  C.  Miller  &6ons,  of  Liver- 
pool ;  the  other  the  290,  after  ward  called  the  Eureka,  and  now  called  the  Alabama,  built  by 
the  Messrs.  Laird  at  Birkenhead.  Captain  Bullock  was  about  to  return  to  England  to 
look  after  the  completion  of  these  steamers  and  to  assume  command  of  the  Alabama,  and 
wanted  some  one  to  accompany  him.  I  was  recommended  by  the  paymaster  at  Savannah 
to  Captain  Bullock.  I  was  then  released  by  the  paymaster  from  my  engagement,  and  was 
subsequently  apppointed  by  Captain  Bullock,  under  the  written  authority  of  S.  R.  Mal- 
lory,  the  secretary  of  the  navy  of  the  Confederate  States,  a  paymaster  in  Ihe  confederate 

navy  and  assigned  to  the  steamer  Alabama.  We  sailed  for  England  in  the  steamer 
[319]  *Anna  Childs,  commanded  by  Captain  William  Hamner,  from  Wilmington,  North 

Carolina,  about  the  5th  day  of  February,  1862.  Captain  James  D.  Bullock,  Lieu- 
tenant John  Law,  Midshipmen  Eugene  Maffit  and  E.  M.  Anderson,  and  myself,  came  over 
in  the  Childs.  Law,  Maffit,  and  Anderson  are  now  on  the  Alabama.  We  arrived  at  Liv- 
erpool about  the  11th  March,  1862.  I  continued  as  paymaster  in  the  confederate  navy 
from  the  time  of  my  appoiuement  in  Savannah,  Georgia,  up  to  the  time  of  my  leaving 
the  steamer  Alabama  at  Port  Royal,  in  January,  1863.  I  went  out  in  the  Alabama 
when  she  sailed  from  England  on  the  29th  of  July,  1862,  as  paymaster,  and  acted  as 
such  on  said  vessel  up  to  the  time  of  my  leaving  her  as  aforesaid.  Previous  to  our 
leaving  Wilmington,  in  February,  I  acted  as  clerk  to  Captain  Bullock,  and  attended  to 
his  correspondence  with  the  confederate  government  and  others,  and  from  this  corre- 
spondence and  other  circumstances  I  know  that  he  is  a  commander  in  the  confederate 
navy,  that  he  had  contracted  for  building  the  two  vessels  now  called  the  Florida  and 
Alabama,  for  the  confederate  government  aforesaid,  and  was  and  is  their  acknowl- 
edged agent  for  building  and  fitting  out  naval  or  war  vessels  for  the  so-called  confed- 
erate government  to  cruise  against  and  to  make  war  upon  the  Government  and  people 
of  the  United  States.  I  wrote  letters  for  Captain  Bullock  (which  he  signed)  to  Mr. 
Mallory,  the  secretary  of  the  confederate  navy,  and  saw  letters  from  the  secretary  to 
Captain  Bullock.  There  was  much  correspondence  about  building  the  two  above- 
named  and  other  war  vessels  in  England  for  the  confederate  government,  and  about 
the  money  to  pay  for  the  same  and  those  thereafter  to  be  built  in  England.  From  this 
correspondence,  and  my  transaction  afterward  with  the  firm  of  Eraser,  Treuholm  &. 
Co.,  of  Liverpool,  I  learned  that  Lieutenant  James  H.  North  had  been  sent  over  to  Eng- 
land by  the  confederate  government  to  make  contracts  in  England  for  building  and 
fitting  out  iron-clad  vessels  for  said  confederate  government  for  the  purpose  of  com- 
mitting acts  of  hostility  against  and  making  war  upon  the  government  and  people  of 
the  United  States.  Captain  Bullock  was  directed  by  Mr.  Mallory,  the  secretary  of  the 
confederate  navy,  in  the  correspondence  to  which  I  have  referred,  to  aid  Lieutenant 
North,  and  assist  him  in  getting  up  and  making  contracts  for  building  and  fitting  out 
these  iron-clad  vessels  in  England. 

When  we  came  over  to  England  it  was  understood  by  myself  and  the  other  officers 
who  accompanied  us  that  Captain  Bullock  was  to  have  the  command  of  the  Alabama, 
which  was  then  building  by  the  Lairds  at  Birkenhead,  and  I  was  to  go  in  her  as  pay- 
master. I  came  over  for  this  express  purpose.  From  the  time  of  my  coming  to  Eng- 
land, in  March,  1862,  until  I  sailed  in  the  Alabama,  on  the  29th  of  July,  1862,  my  prin- 
cipal business  was  to  pay  the  officers  of  the  confederate  navy  who  were  over  here  in 
England  and  attached  to  the  Alabama,  sent  here  to  join  and  sail  in  her  when  finished. 
I  used  to  pay  them  monthly,  about  the  1st  of  the  month,  at  the  office  of  Eraser,  Tren- 
holin  &  Co.,  in  Liverpool.    I  drew  the  money  for  that  purpose  from  this  firm.     Captain 


372  TREATY    OF    WASHINGTON. 

Bullock  kept  all  his  papers  at  Fraser,  Trenholm  &  Co.'sj  and  transacted  his  busiuess  in 
one  pf  the  private  offices  of  this  firm.  I  was  in  the  habit  during  my  stay  in  Liverpool 
of  visiting  this  office  very  frequently,  almost  every  day,  and  saw,  heard,  and  knew 
what  was  being  done  and  iroing  on.  I  also  made  visits  to  Lairds'  yard  in  Birkenhead, 
where  the  Alabama  was  building.  Saw  Captain  Bullock  there  at  times  in  the  yard 
with  the  Lairds.-  I  also  saw  the  Lairds  at  Fraser,  Trenbolm  &  Co.'s  office  with  Cap- 
tain Bullock.  On  one  of  the  occasions  of  my  visit  to  Captain  Bullock,  at  Fraser, 
Trenbolm  &  Co.'s  office,  in  Liverpool,  I  made  for  him  a  copy  of  the  original  contract 
between  himself  and  the  firm  of  William  and  John  Laird  &  Co.,  at  Birkenhead,  for 
building  the  Alabama.  This  copy  I  had  with  me  while  I  was  serving  as  paymaster  on 
that  ship,  and  it  was  left  on  that  vessel  by  me.  I  also  frequently  made  copies  of  other 
papers,  &c,  for  Captain  Bullock.  Before  we  sailed  in  the  Alabama,  I  saw  the  plans, 
drawings,  and  specifications  made  and  furnished  by  the  firm  of  William  and  John 
Laird  &  Co.,  for  building  the  iron-clad  rams  for  the  so-called  confederate  government. 
I  think  it  was  in  the  month  of  June,  1862  ;  it  was  in  the  office  of  Fraser,  Trenbolm  & 
Co.,  in  Liverpool.  Captain  Bullock  had  them.  Mr.  Freeman,  the  chief  engineer  on 
the  Alabama,  and  several' other  officers  were  there  with  myself  and  Captain  Bullock 
examining  them.  A  set  of  plans  and  specifications  for  building  these  iron-clad  rams 
had  been  previously  sent  over  to  Richmond  for  the  approval  of  the  confederate  gov- 
ernment. The  Messrs.  Laird  had  some  doubts  whether  the  British  government  would 
permit  them  to  build  and  fit  out  the  vessels  with  tower  or  turrets  on  them,  and  were 
going  to  ascertain  through  the  Mr.  Laird  who  was  a  member  of  Parliament  whether 
they  would  be  permitted  to  do  so. 

After  we  left  Liverpool,  Mr.  Lowe  told  me  the  keel  for  one  of  these  iron-clad  rams 
had  been  laid  by  the  Lairds  at  their  yard  before  we  sailed,  which  was  after- 
£320]  ward  Corroborated  by  Mr.  Freeman,  the  chief  engineer  of  the  Alabama,  who 
stated  to  me  that  he  had  been  over  to  the  yard  and  seen  it. 

Captain  Bullock  had  made  himself  so  useful  and  efficient  in  building  war-vessels  in 
England  that  the  confederate  government  was  not  willing  for  him  to  take  command 
of  the  Alabama,  but  required  him  to  remain  and  superintend  the  building  and  fitting- 
out  of  the  iron-clads  to  be  built  by  the  Lairds  and  others  in  England.  I  learned  this 
from  himself.  He  told  me  that  he  had  been  ordered  by  the  navy  department  to  remain, 
to  look  after  and  superintend  the  building  of  these  very  iron-clads.  He  is  very  anxi- 
ous to  have  command  of  a  vessel,  and  expected  in  the  first  place  to  have  the  Oreto, 
then  to  have  the  Alabama.  He  told  me  just  before  I  left  he  would  not  let  all  of  the 
iron-clads  slip  through  his  hands  as  the  Oreto  and  Alabama  had. 

On  the  5th  day  of  April,  1863, 1  went  to  the  ship-yard  of  William  and  John  Laird  & 
Co.,  at  Birkenhead.  In  the  southerly  part  of  the  yard,  under  the  shed,  side  by  side,  saw 
two  iron-clad  ram  steamers  which  they  are  building  there.  I  believe  them  to  be  the 
same  that  I  saw  on  the  plans  and  drawings  made  by  the  Messrs.  Laird,  and  in  posses- 
sion of  Captain  Bullock,  at  the  office  of  Fraser,  Trenbolm  &  Co.  hereinbefore  men- 
tioned.   I  had  not  the  least  doubt  about  the  matter. 

(Signed)  CLARENCE  R.  YONGE. 

Sworn  before  me  at  the  custom-house  in  Liverpool  this  6th  day  of  April,  18*63. 
(Signed)  S.  PRICE  EDWARDS. 


I,  George  Temple  Chapman,  of  New  York,  in  the  United  States  of  America,  but  now 
at  Liverpool,  in  the  county  of  Lancaster,  gentleman,  make  oath,  and  say  as  follows  : 

1.  In  the  early  part  of  the  month  of  April  last,  I  had  occasion  to  call  at  Messrs. 
Fraser,  Trenholm  &  Co.'s  office  in  Liverpool,  to  see  Captain  Bullock,  whom  I  had 
formerly  known  in  the  United  States. 

Captain  Bullock  was  not  in  when  I  first  called  at  the  office,  but  I  saw  Mr.  Prioleau, 
one  of  the  partners  in  the  firm  of  Fraser,  Trenbolm  &  Co.,  and  had  some  conversation 
with  him.  In  the  course  of  such  conversation,  Mr.  Prioleau  toid  me  that  his  firm  were 
the  financial  agents  for  the  Confederate  States  of  America,  and  that  I  might  speak 
with  him  in  perfect  safety  on  anything  connected  with  the  South,  as  the  whole  of  his 
establishment  were  in  the  confederate  interest.  I  noticed  that  there  was  a  confederate 
flag  displayed  in  the  office.  On  this  occasion  I  handed  to  Mr.  Prioleau  some  letters 
which  had  been  given  to  me  by  the  wife  of  Clarence  Randolph  Yonge,  who,  Mr.  Prio- 
leau told  me,  had  been  Captain  Bullock's  secretary,  and  afterward  purser  of  the 
Alabama. 

2.  On  the  day  following  that  on  which  I  had  the  conversation  above  mentioned  with 
Mr.  Prioleau,  I  called  again  at  Messrs.  Fraser,  Trenholm  &  Co.'s  office,  and  saw  there 
Captain  Bullock,  who  told  me  that  he  had  seen  the  letters  which  I  had  left  with  Mr. 
Prioleau,  but  that  they  were  of  no  importance,  and  that  he  never  trusted  Yonge  with 
anything  important. 

Captain  Bullock  told  me  that  he  came  to  Liverpool  to  build  and  procure  ships  and 
vessels  of  war  for  the  confederate  service.     He  referred  to  the  Alabama,  and  the  Oreto 


BRITISH    CASE    AND    PAPERS.  373 

•r  Florida,  as  two  of  the  ships  he  had  fitted  out,  and  said  that  he  was  fitting  out  more, 
but  that  he  mauaged  matters  so  that  he  could  defy  any  one  to  prove  that  he  was  fit- 
ting them  out  for  the  use  of  the  confederate  government. 

3.  While  I  was  with  Captain  Bullock,  Lieutenant  John  Randolph  Hamilton,  son  of 
Governor  Hamilton,  of  South  Carolina,  (formerly  a  lieutenant  in  the  United  States 
Navy,  and  since  of  the  confederate  navy,)  came  in,  and  I  recognized  him.  I  first  knew 
him  at  the  Naval  Academy  at  Annapolis,  in  the  United  States,  where  we  were  mid- 
shipmen together.  I  knew  him  afterwards  as  lieutenant  in  the  United  States  service. 
He  told  me  he  had  become  a  lieutenant  in  the  confederate  service,  and  that  he  came 
to  Liverpool  by  direction  of  the  Confederate  States  government,  to  assist  Captain 
Bullock  in  the  fitting  out  of  vessels,  and  to  advise  Messrs.  Eraser,  Trenholm  &  Co., 
and  to  give  him  advice  generally  in  the  interests  of  the  confederate  government.  The 
said  John  Randolph  Hamilton  told  me  that  he  and  Bullock  had  a  private  office  in 
Fraser,  Trenholm  &  Co.'s  house  of  business,  and  that  the  Alabama  was  built  accord- 
ing to   a  model  prepared  by  Captain  Bullock,   and  that  Lairds  were   not  entitled 

to  any  credit  for  that  ship.      He  spoke  without   hesitation  about  the  Oreto, 
[321]  *  which  they  had  sent  out,  and  both  he  and  Captain  Bullock  spoke  of  them- 
selves as  the  employes  of  the  confederate  government,  and  that  they  were  paid 
as  such. 

4.  In  the  early  part  of  the  month  of  April  last,  a  Captain  Morton,  who  is  the  over- 
looker for  Messrs.  Boult,  English  &  Brandon,  of  Liverpool,  merchants,  took  me  with 
him  to  Messrs.  Laird  Co.'s  ship-building  yard<at  Birkenhead,  in  order  that  I  might  see 
two  iron  rams,  or  vessels  of  war,  which  he  said  were,  without  doubt,  for  the  Southern- 
ers. I  saw  the  two  vessels  in  question,  which  were  being  built  alongside  each  other 
at  the  south  end  of  the  yard.  The  hulls  were  complete,  and  the  sides  were  covered 
with  slabs  of  teak  wood  about  12  inches  thick.  In  the  early  part  of  this  present 
month  one  of  the  vessels,  the  more  northwardly  of  the  two,  had  a  great  number  of  her  iron 
armor-plates  fixed.  The  armor-plates  appeared  to  me  to  be  about  four  inches  thick. 
Each  vessel  was  about  250  feet  long,  as  well  as  I  could  judge,  and  the  deck  of  each 
vessel  was  prepared  to  receive  two  turrets.  I  saw  the  turrets  being  built  in  the  yard 
near  the  rams  above-mentioned.  Each  ram  had  a  stem  made  of  wrought  iron  about 
8  inches  thick,  projecting  about  5  feet  under  the  water-line,  and  obviously  intended 
for  the  purpose  of  penetrating  and  destroying  other  vessels. 

The  rams  in  question  were  of  immense  strength,  and  could  by  no  possibility  be  in- 
tended for  anything  but  vessels  of  war.  The  only  other  vessels  building  in  the  yard 
at  that  time  were  an  iron-plated  vessel  of  war  for  the  British  government,  to  be  called 
the  Agincourt,  and  two  merchant-vessels,  one  a  steamer  and  the  other  a  sailing-ship. 

5.  I  saw  the  above-mentioned  John  Randolph  Hamilton  some  days  after  I  had  seen 
the  rams  above-mentioned.  I  met  him  at  his  request  at  the  Angel  Hotel,  in  Liverpool. 
On  that  occasion  the  said  John  Randolph  Hamilton  told  me  that  the  rams  which  were 
being  built  by  Laird  &  Co.  were  for  the  confederates. 

(Signed)  GEORGE  TEMPLE  CHAPMAN. 

Sworn  before  me  at  the  custom-house  this  29th  day  of  June,  1863. 

(Signed)  G.  S.  GEORGE,  pro  Collector. 


I,  Thomas  Haines  Dudley,  of  No.  3  Wellesley  Terrace,  Prince's  Park,  Liverpool,  in 
the  county  of  Lancaster,  esquire,  do  solemnly,  sincerely,  and  truly  affirm  and  declare 
that  the  taking  of  any  oath  is,  according  to  my  religious  belief,  unlawful,  and  I  do 
also  solemnly,  sincerely,  and  truly  affirm  and  declare  as  follows  : 

1.  I  am  the  consul  of  the  United  States  of  America  for  the  port  of  Liverpool  and  its 
dependencies. 

2.  I  say  that  there  is  now  and  for  some  time  past  has  been  a  war  carried  on  between 
the  Government  and  people  of  the  United  States  of  America,  %and  certain  persons  who 
have  rebelled  against  such  Government,  and  pretended  to  set  up  aud  assume  to  exer- 
cise the  powers  of  government,  styling  themselves  the  Confederate  States. 

3.  I  further  say  that,  to  the  best  of  my  knowledge  and  information  and  belief,  no 
leave  or  license  has  been  had  or  obtained,  from  or  of  Her  Majesty  the  Queen  under  the 
sign-manual,  or  any  order  in  council,  or  any  proclamation  of  her  said  Majesty  or 
otherwise,  or  at  all  authorizing  any  person  within  a-ny  part  of  the  United  Kingdom  to 
equip,  furnish,  fit  out,  or  arm  ships  or  vessels  with  intent  or  in  order  that  such  ship,  or 
vessel  shall  be  employed  in  the  service  of  the  said  so-called  Confederate  States,  to 
cruise  or  commit  hostilities  against  the  Government  and  people  of  the  said  United 
States  of  America,  and  that  Her  Majesty  is  not  now  at  war  with  the  said  United 
States. 

4.  I  say  there  have  been  built  in  this  port  for  the  government  of  the  said  so-called 
Confederate  States  two  vessels  of  war.  One  of  them,  namely,  the  Oreto,  now  called 
the  Florida,  was  built  by  Messrs.  W.  C.  Miller  &  Son,  of  Liverpool,  and  another,  the 


374  TREATY    OF    WASHINGTON. 

Alabama,  by  Messrs.  Laird  &  Co. ;  and  they  have  been  employed  by  the  so-called 
Confederate  States  against  the  Government  and  people  of  the  United  States  of  America 
in  the  war  that  is  now  going  on,  and  armaments  and  war  crews  for  both  the  said  ves- 
sels went  out  in  them,  or  were  sent  out  from  England  to  meet  the  ships  abroad,  and 
were  tben  placed  on  board  of  them.  On  the  4th  of  the  present  month  of  July  an- 
other vessel,  built  by  the  said  Messrs.  Laird  &  C,  and  intended  for  an  iron-clad 
steam  ram,  and,  as  this  deponent  verily  believes,  built  and  intended  for  a  vessel  of 
war,  was  launched  by  them  from  their  ship-building  yard  at  Birkenhead,  and  such 
vessel  is  now  at  Birkenhead,  in  the  United  Kingdom  of  Great  Britain  and  Ireland. 

5.  I  say  tbat  I  have  read  the  affidavits  of  George  Temple  Chapman,  sworn  on 
[322]  the  *29th  day  of  June  last,  of  Clarence  Randolph  Yonge,  sworn  on  the  6th  day 

of  April  last,  and  William  Hayden  Russell  and  Joseph  Ellis,  sworn  on  the  7th 
day  of  July  instant ;  and  I  say  that  from  the  facts  there  spoken  to,  and  from  the  facts 
and  circumstances  aforesaid,  I  verily  believe  and  say  that  the  said  vessel  above  men- 
tioned is  being  equipped,  armed,  and  fitted  out  with  intent  and  in  order  that  the  said 
vessel  shall  be  employed  in  the  service  of  the  said  x>ersons  setting  up  to  exercise  the 
power  of  government,  and  called  the  Confederate  States  of  America,  and  with  intent 
to  cruise  and  commit  hostilities  against  the  Government  and  citizens  Ox  the  United 
States  of  America. 

(Signed)  THOMAS  H.  DUDLEY. 

Affirmed  before  me  at  the  custom-house,  Liverpool,  in  the  county  of  Lancaster,  the 
7th  day  of  Julv,  1863. 

(Signed)"  S.  PRICE  EDWARDS,  Collector. 


}ST0.  3. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
July  13,  1863.     (Received  July  13.) 
Sir  :  I  am  desired  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  herewith,  for  the  information  of  Earl  Russell,  copy 
of  a  letter  from  the  customs  of  this  day's  date,  and  of  its  inclosures, 
respecting  two  iron-clad  steamers  alleged  to  be  building  for  the  use  of 
the  Confederate  States,  in  Messrs.  Laird's  yard  at  Birkenhead. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

[Inclosure  1  in  No.  3.] 
Mr.  Diclcins  to  Mr.  Hamilton. 

Custom-House,  July  10,  1863. 
Sir:  I  am  directed  to  transmit,  for  such  directions  as  the  lords  commissioners  of 
Her  Majesty's  treasury  may  see  fit  to  give  thereon,  the  annexed  copy  from  a  report  of 
the  collector  of  this  revenue  at  Liverpool,  with  a  copy  of  a  letter  from  the  United  States 
consul  at  that  port,  supported  by  affidavits  on  the  subject  of  two  iron-clad  steamers 
lately  built  by  Messrs.  Laird,  of  Birkenhead,  which  are  , suspected  of  being  intended 
for  the  service  of  the  Confederate  States.  I  am  also  to  transmit  a  copy  of  a  report  of 
the  solicitor  of  customs  on  the  papers. 

I  am,  &c, 

(Signed)  GEORGE  DICKINS. 


[Inclosure  2  in  No.  3.] 

Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  July  8,  1863. 
Honorable  Sins :  Having  received  the  accompanying  letter  from  Mr.  Dudley,  the 
American  consul,  requesting  that  an  iron-clad  steamer  lately  built  by  Messrs.  Laird, 


BRITISH    CASE    AND    PAPERS.  375 

of  Birkenhead,  may  be  detained  upon  the  five  affidavits  tendered  by  him,  and  which 
affidavits,  as  well  as  Mr.  Dudley's  letter,  are  transmitted  herewith  for  the  board's  in- 
formation. 

A  description  of  the  ships,  supposed  to  be  for  the  Confederate  States,  is  given  in  the 
inclosed  report  of  Mr.  Morgan,  the  surveyor. 

From  the  inquiries  I  have  made  from  the  builders,  I  have  every  reason  for  being 
satisfied  that  the  two  iron  ships,  the  subject  of  ishe  affidavits  tendered  by  the  consul, 
were  not  built  for  the  confederates,  but  are  for  Frenchmen,  who  first  contracted  for 
them.    What  may  become  of  them  ultimately  I  cannot  say. 

One  only  has  as  yet  been  launched.     She  is  now  in  the  graving-dock,  and  cannot  be 
finished,  I  am  informed,  in  less  time  than  three  months. 
[323]      *The  board  will  be  pleased  to  give  such  instructions  for  future    guidance 
as  to  it  may  seem  proper. 
Respectfully,  &c, 
(Signed)  .  S.  PRICE  EDWARDS. 

P.  S. — Since  writing  the  aforegoing  report,  the  French  consul  has  called  to  say  that 
the  ship  in  Messrs.  Laird's  graving-dock  is  French  property,  and  that  he  has  aided  the 
owner  in  regard  to  her  fitments;  and  he  is  to  provide  a  crew  for  her,  and  will  prepare 
the  necessary  papers  for  her  departure  when  ready  for  sea. 

S.  P.  E. 


[Inclosure  3  in  No.  3.] 

Mr.  Morgan  to  Mr.  Edwards. 

Liverpool,  July  8,  1863. 
Sir  :  I  beg  to  report  that  there  are  two  iron-mailed  steam-rams,  cupola  principle,  at 
the  building-yard  of  Messrs.  Laird,  of  Birkenhead,  both  of  which  are  of  the  following 
dimensions  :  Length,  220  feet ;  breadth,  42  feet ;  depth,  18  feet ;  gross  tonnage,  1,128 
tons  ;  register,  about  750  tons.     One  of  these  vessels  was  launched  on  the  4th  instant, 
and  is  now  in  the  graving-dock  fitting  for  sea,  and  will  be  shortly  completed ;  the  other 
on  the  stocks,  and  nearly  ready  for  launching. 
Very  respectfully, 
(Signed)  E.  MORGAN. 


[Inclosure  4  in  No.  3.] 

Mr.  Dudley  to  Mr.  Edwards,  July  7,  1863. 

[See  inclosure  2  in  No.  2.] 


[Inclosure  5  in  No.  3.] 
Depositions  of  Messrs.  Russell,  Yonge,  Chapman,  and  Dudley. 

[See  inclosure  3  in  No.  2.] 


:nto.  4. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  July  13,  1863. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  11th  instant ;  and  I  have  to  state  to  you  that  1  have  lost  no  time  in 
communicating  with  the  proper  department  of  Her  Majesty's  govern- 
ment relative  to  the  steam-vessel  of  war  which  is  stated  to  be  in  process 
of  construction  at  Liverpool,  in  order  that  such  steps  may  he  taken  in 
the  matter  as  can  be  legally  and  properly  adopted. 
I  am,  &c, 
(Signed)  EUSSELL. 


376  .         TREATY    OF    WASHINGTON. 

No.  5. 

Mr.  Layard  to  Mr.  Hamilton. l 

Foreign  Office,  July  13, 1863. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  the  accompany- 
ing copies  of  a  letter  and  its  inclosures  from  Mr.  Adams, 2  respect- 
[324]    iog  a  steam-ram  which  is  stated  to  *be  in  process  of  construction 
at  Liverpool,  for  the  use  of  the  government  of  the  so-styled  Con- 
federate States ;  and  I  am  to  request  that,  in  laying  the  same  before  the 
lords  commissioners  of  Her  Majesty's  treasury,  you  will  move  their 
lordships  to  take  such  steps  in  the  matter  as  can  be  legally  and  properly 
adopted. 

I  am,  &c, 

(Sigued)  A.  H.  LAYARD. 


'  No.  0. 


Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
July  14,  1863.     (Received  July  15.) 
Sir  :  1  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  consideration  of  Earl  Eussell, 
in  connection  with  the  papers  yesterday  forwarded  to  the  foreign  office, 
the  inclosed  letter,  with  accompanying  documents,  from  the  commis- 
sioners of  customs,  further  relating  to  the  two  iron-plated  vessels  build- 
ing at  Messrs.  Laird's  yard  at  Birkenhead,  on  which  a  suspicion  has 
arisen  that  they  are  intended  for  the  warlike  service  of  the  Confederate 
States  of  America. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  6.] 

Mr.  DicJcins  to  Mr.  Hamilton. 

Custom-House,  July  13,  1863. 
Sir  :  With  reference  to  my  letter  of  the  10th  instant,  on  the  subject  of  two  iron-plated 
vessels  lately  built  by  Messrs.  Laird,  of  Birkenhead,  which  have  been  suspected  to  be 
intended  for  the  service  of  the  Confederate  States  of  America,  I  am  now  directed  to 
transmit,  for  the  consideration  of  the  lords  commissioners  of  Her  Majesty's  treasury, 
copy  of  another  deposition  in  regard  to  the  vessels,  which  has  been  handed  to  the  col- 
lector of  the  revenue  at  Liverpool ;  also  copy  of  a  further  report  of  that  officer,  in 
which  he  expresses  his  belief  that  the  vessels  have  not  been  built  for  the  confederate 
government. 

I  am,  &c, 

(Signed)  GEO.  DICKINS. 

1  A  similar  letter  was  addressed  to  the  home-office.  a  No.  2. 


BRITISH    CASE    AND     PAPERS.  377 

[Inclosure  2  in  No.  6.] 

Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  July  11, 1863. 
Honorable  Sirs  :  The  inclosed  affidavit  having  been  handed  to  me  and  sworn  to,  I 
beg  to  forward  the  same  for  the  information  of  the  hoard,  observing  that  it  is  in  addi- 
tion to  those  forwarded  in  my  letter  of  the  8th  instant. 

Since  writing  that  report  1  may  say  I  believe  that  the  iron-clad  ships  adverted  to  in 
these  several  affidavits,  and  in  Messrs.  Lairds'  yard,  are  built  for  a  banker  in  Paris,  and 
that  he  pays  for  them  on  behalf  of  a  foreign  government,  and  not  America. 
Respectfully,  &c, 
(Signed)  S.  PRICE  EDWARDS. 


[Inclosure  3  in  No.  6. J 

Deposition  of  John  Brady. 

I,  John  Brady,  of  No.  10,  Livingstone  street,  Birkenhead,  in  the  county  of  Chester 
make  oath  and  say : 

I  have  worked  in  the  ship-building  yard  of  Messrs.  Laird  &  Co.  at  Birkenhead 
[325]  *for  several  years.     I  am  now  in  their  service  as  a  boiler-maker.     I  remember 

the  keels  of  two  iron-plated  vessels  of  war  being  laid  alongside  each  other  at  the 
southern  end  of  the  yard  about  the  end  of  last  year.  One  of  the  said  vessels  was 
launched  on  the  4th  day  of  July  instant.  I  have  seen  Captain  Bullock  in  the  yard 
very  frequently  whilst  the  iron-clad  vessels  above-mentioned  have  been  building.  He 
was  very  often  with  the  foreman  who  attended  to  the  building  of  the  vessels  in  ques- 
tion, or  with  one  of  the  Messrs.  Laird.  He  paid  particular  attention  to  the  vessels  in 
question,  and  his  business  in  the  yard  appeared  to  be  to  look  after  the  building  of  the 
vessels  above  mentioned. 

(Signed)  JOHN  BRADY. 

Sworn  at  Liverpool,  in  the  county  of  Lancaster,  the  11th  day  of  July,  1863,  before 
me.  • 

(Signed)  S.  PRICE  EDWARDS, 

Collector. 


Xo.  7. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
July  17,  1863.     (Eeceived  July  17.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to 
you,  for  the  information  of  Earl  Kussell,  the  inclosed  letter  from  the 
commissioners  of  customs,  dated  16th  instant,  with  a  further  deposi- 
tion relating  to  two  steam-rams  which  are  suspected  to  be  building  at 
Liverpool  for  the  service  of  the  Confederate  States  of  America. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  Xo.  7.1 
Mr.  Dickins  to  Mr.  Hamilton. 

Custom-House,  July  16,  1863. 
Sir  :  With  reference  to  my  letters  of  the  10th  and  13th  instant,  on  the  subject  of  two 
iron-clad  vessels  in  course  of  construction  at  Liverpool,  which  have  been  suspected  of 
being  intended  for  the  service  of  the  Confederate  States,  I  am  now  directed  to  transmit, 


378  TREATY    OF    WASHINGTON. 

for  the  information  of  the  lords  commissioners  of  Her  Majesty's  treasury,  copy  of  a  re- 
port of  the  collector  of  this  revenue  at  Liverpool,  inclosing  a  letter  from  the  United 
States  consul  at  that  port,  and  a  further  deposition  (copies  of  which  are  also  trans- 
mitted) on  the  subject  of  the  vessels  in  question. 

I  am,  &c, 

(Signed)  GEO.  DICKINS. 


[Inclosure  2  in  No.  7.] 

Mr.  Edwards  to  the  commissioners  of  customs 

Custom-House,  Liverpool,  July  15,  1863. 
Honorable  Sirs  :  The  inclosed  affidavit  having  been  handed  to  me  by  the  American 
consul  at  this  port,  I  beg  to  forward  the  same  for  the  information  of  the  board ;  observ- 
ing that  it  is  in  addition  to  those  already  transmitted  in  my  letters  of  the  8th  and  11th 
instant. 

(Signed)  S.  PRICE  EDWARDS. 


[Inclosure  3  in  No.  7.] 

Mr.  Dudley  to  Mr.  Edwards. 

United  States  Consulate, 

Liverpool,  July  15,  1863. 
Sir  :  Referring  to  the  application  I  made  to  you  on  the  7th  instant  to  stop  the  iron- 
clad steam-ram  building  by  the  Messrs.  Laird  for  the  insurgents  in  the  United  States, 
and  which  was  launched  on  the  4th  instant,  in  addition  to  the  affidavits  I  then 
[326"]  *subinitted  to  you,  and  that  of  Joseph  Brady  on  the  11th  instant,  I  now  submit 
one  other,  that  of  Austin  Joseph  Hand,  which  shows  this  vessel  and  the  other 
ram  not  yet  launched,  are  being  built  under  the  superintendence  of  Captain  James  D. 
Bullock,  the  well-known  agent  of  the  so-called  southern  confederacy  in  this  country  for 
building  war-vessels. 
I  am,  &c, 
(Signed)  THOMAS  H.  DUDLEY. 


[Inclosure  4  in  No.  7. J 

Deposition  of  Austin  Joseph  Hand. 

I,  Austin  Joseph  Hand,  of  35  Crosby  street,  Liverpool,  in  the  county  of  Lancaster, 
make  oath  and  say:  I  am  a  calker,  and  work  in  the  yard  of  Messrs.  Laird  at  Birken- 
head. I  went  to  work  in  their  yard  just  before  the  Alabama  was  launched,  and  have 
worked  there  ever  since.  1  remember  the  time  the  keels  of  two  iron-plated  steam-rams 
were  laid  alongside  of  each  other  at  the  south  end  of  their  yard ;  they  were  laid  after 
the  Alabama  was  launched.  They  are  both  armed  on  the  stem  with  a  ram,  and  no 
doubt  are  intended  for  war  purposes.  One  of  them  was  launched  on  the  4th  day  of  the 
present  month  of  July.  I  saw  the  keels  of  these  two  vessels  laid.  I  saw  Captain 
Bullock  at  the  Alabama  before  she  was  launched,  and  afterward  at  these  two  iron- 
clad rams.1  I  have  seen  him  in  the  yard  a  number  of  times,  sometimes  with  one  of  the 
Messrs.  Laird,  at  other  times  with  the  foreman  of  the  yard.  He  was  there  assisting 
and  superintending  the  laying  of  the  keels  of  these  two  iron-clad  rams  on  the  occasions 
I  have  spoken  of.-  When  I  have  seen  Captain  Bullock  in  the  yard  since  the  launching 
of  the  Alabama  his  business  seemed  to  be  in  connection  with  these  two  iron-clad  rams, 
and  the  superintending  of  their  building. 

(Signed)  AUSTIN  J.  HAND. 

Sworn  and  subscribed  before  me,  the  collector,  at  Liverpool,  this  15th  day  of  July, 
1863 

(Signed)  S.  PRICE  EDWARDS, 

Collector. 


BRITISH    CASE    AND     PAPERS.  379 

No.  8. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  July  16,  1863.     (Received  July  17.) 
My  Lord  r*  I  have  the  honor  to  submit  to  your  consideration  copies 
of  two  more  affidavits,  in  addition  to  those  already  sent  with  my  note 
of  the  11th  instant,  relating  to  the  war- vessel  now  believed  to  be  fitting 
out  against  the  United  States  at  the  port  of  Liverpool. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  1  in  No.  8.  j 

Mr.  Dudley  to  Mr.  Edwards,  July  15,  1863. 
[See  inclosure  3  in  No.  7.] 


[Inclosure  2  in  No.  8. J 

Deposition  of  John  Brady. 
[See  inclosure  3  in  No.  6.] 


[Inclosure  3  in  No.  8.] 

Deposition  of  Austin  Joseph  Rand. 
[See  inclosure  4  in  No.  7.] 


[327]  *No.  9. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  July  17,  1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  16th  instant,  inclosing  further  depositions  respecting  the  steam- ves- 
sel of  war  which  is  alleged  to  be  fitting  out  against  the  United  States 
at  the  port  of  Liverpool ;  and  1  have  to  state  to  you  that  I  have  lost  no 
time  in  communicating  on  the  subject  with  the  proper  department  of 
Her  Majesty's  government. 
I  am,  &c, 
(Signed)  RUSSELL. 


380  TREATY    OF    WASHINGTON. 

No.  10. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Temple,  July  24, 1863.    (Eeceived  July  24.) 

My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Layard's  letter  of  the  13th  instant,  stating  that  he  «was  directed 
by  your  lordship  to  transmit  to  us  the  accompanying  letter  and  its  in- 
cisures from  Mr.  Adams,  respecting  a  steam-vessel  of  war  which  is 
stated  to  be  in  process  of  construction  at. Liverpool  for  the  use  of  the 
government  of  the  so-styled  Confederate  States,  and  to  request  that  we 
would  take  the  same  into  our  consideration,  and  furnish  your  lordship 
at  our  earliest  convenience  with  our  report  thereupon.  And  Mr.  Lay- 
ard  was  to  add  that  copies  of  these  papers  had  been  forwarded  to  the 
treasury  and  home  office,  in  order  that  such  steps  may  be  taken  in  the 
matter  as  can  legally  and  properly  be  adopted. 

We  are  also  honored  with  Mr.  Layard's  letters  of  the  14th,  15th,  and 
17th  instant,  transmitting  to  us,  for  consideration,  further  papers  and 
correspondence  relative  to  this  matter,  and  also  to  another  vessel  of  a 
similar  character. 

In  obedience  to  the  commands  of  your  lordship,  we  have  taken  these 
papers  into  consideration,  and  have  the  honor  to  report: 

That  we  are  clearly  of  opinion  that  Her  Majesty's  government  ought 
not  to  detain  or  in  any  way  interfere  with  the  steam- vessels  in  question. 

Not  only  is  there  no  reliable  evidence  that  the  vessels  are  destined  to 
be  employed  in  the  service  of  the  Confederate  States,  but  there  is  the 
positive  statement  of  the  French  consul  that  the  vessels  are  French 
property.  The  alleged  superintendence  of  Captain  Bullock,  as  deposed 
to,  stops  far  short  of  proof  of  an  intent  that  the  vessels  shall  be  employed 
to  cruise  against  the  United  States ;  while  the  opposite  view  derives  coun- 
tenance and  probability  from  the  statements  which  have  come  to  the 
ears  of  Mr.  Edwards,  the  inspector  of  customs  at  Liverpool,  to  the  effect 
that  the  destination  of  these  vessels  is  the  service  of  some  foreign  non- 
belligerent government.  (See  his  letter  to  the  commissioners  of  customs 
of  the  11th  July.) 

(Signed)  WM.  ATHERTOK- 

ROUNDELL  PALMER. 
ROBERT  PH1LLIMORE. 


Ko.  11. 

Mr.  Bruce  to  Mr.  Layard. 

Whitehall,  July  25,  1863.  (Received  July  27.) 
Sir  :  I  have  laid  before  Secretary  Sir  George  Grey  your  letter  of  the 
13th  instant,  transmitting  copies  of  a  letter  and  its  inclosures  from  the 
United  States  minister  at  this  court,  respecting  a  steam-ram  which  is 
stated  to  be  in  process  of  construction  at  Birkenhead  for  the  use  of  the 
government  of  the  so-styled  Confederate  States  5  and  I  am  to  inclose, 
for  the  information  of  Earl  Russell,  a  copy  of  the  opinion  of  the  law-offi- 
cers of  the  Crown,  in  answer  to  a  question  whether  the  circumstances  set 
forth  in  the  above  papers  appear  to  them  sufficient  to  justify  a  prosecu- 
tion under  the  foreign-enlistment  act,  59  Geo.  Ill,  cap.  69,  against  the 
builders  of  that  vessel. 

I  am,  &c, 

(Signed)  H.  A.  BRUCE. 


BRITISH    CASE    AND    PAPERS.  381 

r;j28  I  *[Inclosure  in  No.  11. J 

Opinion. 

We  are  of  opinion  that  Mr.  Waddington's  question  must  be  answered  in  the  nega- 
tive, there  being  no  legal  evidence  whatever  in  the  papers  referred  to,  of  the  intent  or 
purpose  necessary  to  make  the  building  or  fitting  out  of  such  vessels  illegal  uuder  the 

(Signed)  WM.  ATHERTON. 

ROUNDELL  PALMER. 
Temple,  July  24,  18'63. . 


Xo.  12. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  July  25,  1863.  (Received  July  27.) 
My  Lord  :  Having  received  information  of  the  existence  of  a  report 
that  the  iron-clad  vessel  at  Liverpool  had  been  claimed  by  the  French 
consul  at  that  port,  and  having  since  perceived  that  some  credit  has 
been  given  to  the  story  by  the  first  minister  of  the  Crown,  immediate 
measures  were  taken  to  ascertain  whether  there  was  any  foundation  for 
it  in  fact. 

I  now  have  the  honor  to  transmit  a  copy  of  a  letter  received  from  Mr. 
Dudley,  the  consul  of  the  United  States  at  Liverpool,  which  appears 
clearly  to  show  the  precise  nature  of  the  pretense. 
Renewing,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  in  No.  12.] 

Mr,  Wilding  to  Mr.  Adams. 

United  States  Consulate, 

Liverpool,  July  24,  1863. 

Sir  :  On  reading  in  the  Times  of  this  morning  the  statement  reported  to  have  heen 
made  by  Lord  Palmerston  in  reply  to  Mr.  Cobden  last  night  that  he  was  informed,  as 
regards  one  of  the  iron-clads  referred  to,  that  the  French  consul  claimed  it  for  the  Em- 
peror of  the  French,  I  addressed  a  note  to  the  French  consul,  asking  him  whether  the 
information  referred  to  was  true. 

In  reply,  he  sent  his  vice-consul  to  assure  me  that  there  is  rio  truth  whatever  in  the 
information  ;  that  he  does  not  know  of  any  iron-clads  being  built  here  for  the  Emperor 
of  the  French. 

I  addressed  the  inquiry  to  my  colleague,  not  supposing  there  was  any  truth  what- 
ever in  the  information,  but  that  I  might  have  his  authority  for  saying  there  was  none. 

The  vice-consul,  while  with  me,  stated  that  about  the  3d,  or  morning  of  the  4th  of 
July,  the  consul  received  an  invitation  from  a  M.  Bravay  (a  Frenchman,  but  unknown 
to  him)  to  a  luncheon  at  Messrs.  Laird's  yard  on  the  4th,  on  the  occasion  of  the  launch 
of  an  iron-clad  vessel.  The  invitation  came  so  late  that  the  consul  said  he  could  not 
go.  The  vice-consul  was  then  asked  to  go,  and  M.  Bravay,  introduced  by  one  of  the 
Messrs.  Laird,  waited  upon  him  and  pressed  him  to  go. 

He,  M.  Bravay,  then,  in  the  presence  of  Messrs.  Laird,  said  he  wished  to  get  French 
papers  for  the  iron-clad,  and  asked  what  formalities  were  necessary.  He  was  in- 
structed on  the  point,  and.  then  said  the  matter  would  be  attended  to  by  his  brother, 
who  had  more  to  do  with  it  than.he  had,  and  that  he  himself  had  to  be  in  Madrid  on 
the  9th.  The  vice-consul  referred  to  a  French  Paris  directory,  and  asked  M.  Bravay  if 
he  was  one  of  the  firm  of  M.  Bravay  &  Co.,  therein  described  as  merchants,  and  he  said 
he  was. 


382  TREATY    OF    WASHINGTON. 

The  consul  nor  vice-consul  has  neither  of  them  seen  M.  Bravay  nor  Mr.  Laird  since, 
and  did  not  go  to  the  luncheon. 

This  indicates  the  source  of  Lord  Palmerston's  information,  and  also  that  some 
[329]     *  such  trick  as  getting  foreign  papers  for  the  ram  under  cover  of  which  she 
would  sail  out,  has  been,  and  perhaps  is,  intended. 
Very  respectfully,  &c, 
(Signed)  HY.  WILDING. 


No.  13. 
Baron  Gros  to  Earl  Russell. 

Londres  le  27  Juitliet  1863.     (Received  July  28.) 

M.  le  Comte  :  Dans  une  des  dernieres  seances  de  la  chambre  des 
communes,  Lord  Palmerston,  en  repondant  aux  interpellations  de  Mr. 
Cobden  sur  la  construction  de  navires  en  fer  dans  le  port  de  Liverpool, 
a  laisse*  entendre  qu'un  de  ces  batiments  avait  et6  reclame  par  le  consul 
de  France  pour  sa  majeste  Fempereur. 

Les  paroles  du  premier  lord  de  la  tresorerie  ont  provoqu6,  de  la  part 
de  notre  consul  a  Liverpool,  M.  Lenglet,  quelques  explications  que  je 
crois  devoir  mettre  sous  les  yeux  de  votre  excellence  afin  de  dissiper  a 
cet  egard  tout  equivoque. 

Dans  les  premiers  jours  de  ce  mois  un  Fran§ais  du  nom  de  Bravay, 
se  disant  associe  de  la  maison  A.  Bravay  et  cie.,  de  Paris,  se  rendit  a 
Liverpool  pour  assister  au  lancement  d'un  navire  qui  avait  ete  construit 
dans  les  chantiers  de  Mr.  Laird,  a  Birkenhead.  Le  jour  meme  ou  le 
batiment  fut  lance,  le  constructeur  et  M.  Bravay  se  presentment  a  la 
chancellerie  pour  demander  quelles  etaient  les  formalites  a  remplir  pour 
donner  au  navire  le  pavilion  francais.  Des  explications  furent  com- 
muniquees  a  M.  Bravay,  qui  s'engagea  a  revenir  dans  un  delai  de  quatre 
a  cinq  semaines,  disant  qu'il  serait  alors  en  mesure  de  prouver  la  pro- 
priety franchise  du  navire. 

Quelque  temps  apres  le  depart  de  M.  Bravay,  Mr.  Laird  fut  informe 
que  le  consulat  des  fitats-Unis  a  Liverpool  ckerchait  a  obtenir  la  saisie 
du  batiment  nouvellement  construit.  II  vint  demander  au  consul  de 
France  de  faire  une  demarche  officieuse  aupres  de  l'admiuistration  de  la 
douane  a  l'effet  de  constater  tout  au  moins  la  presence  de  M.  Bravay  a 
Liverpool  et  de  temoigner  des  faits  qui  precedent.  M.  Lenglet  se  borna 
a  en  donner  connaissance  au  directeur-en-chef  de  Padministration  des 
douanes,  mais  sans  faire  aucune  espece  de  reclamation,  qu'il  n'etait  ni 
en  mesure  ni  en  droit  de  formuler. 
J'ai,  &c, 
(Sigue)  -B^.GROS. 


No.  14. 
Mr.  LayarH  to  Mr.  Hamilton. 

Foreign  Office,  July  28, 1863. 

Sir  :  With  reference  to  the  case  of  the  iron-clad  which  was  lately 

launched  from  Messrs.  Laird's  yard  at  Birkenhead,  and  also  to  the 

other  vessel  of  a  similar  construction  now  on  the  stocks  there,  I  am 

directed  by  Earl  Russell  to  transmit  to  you,  to  be  laid  before  the  lords 


BRITISH  CASE    AND    PAPERS.  383 

commissioners  of  Her  Majesty's  treasury,  a  copy  of  a  report  from  the 
law-officers  of  the  Crown,1  stating  that  they  are  clearly  of  opinion  that 
Her  Majesty's  government  ought  not  to  detain  or  in  any  way  interfere 
with  the  steam-vessel  in  question. 

That  opinion  was,  in  a  great  measure,  formed  upon  the  report  of  Mr. 
S.  Price  Edwards,  the  collector  of  customs  a£  Liverpool,  who,  in  his 
letter  to  the  commissioners  of  the  8th  instant,  stated  as  follows : 

From  tho  inquiries  I  have  made  from  the  builders,  I  have  every  reason  for  being 
satisfied  that  the  two  iron-clad  ships,  the  subject  of  the  affidavits  tendered  by  the 
consul,  were  not  built  for  the  confederates,  but  are  for  Frenchmen,  who  first  contracted 
for  them. 

And  in  a  postscript  to  the  same  letter  Mr.  Edwards  added : 

Since  writing  the  foregoing  report,  the  French  consul  has  called  to  say  that  the  ship 
in  Messrs.  Laird's  graving-dock  is  French  property,  and  that  he  has  aided  the  owner  in 
regard   to   her  fitments ;  and  that  he  is  to  provide  a  crew  for  her,  and  will  prepare  the 
necessary  papers  for  her  departure,  when  ready  for  sea. 

[330J       *And  again,  in  his  letter  to  the  commissioners  of  customs  of  the 
11th  instant,  Mr.  Edwards  said  : 

I  believe  that  the  iron-clad  ships  adverted  to  in  these  several  affidavits,  and  in 
Messrs  Laird's  yard,  are  built  for  a  banker  in  Paris,  and  that  he  pays  for  them  on 
behalf  of  a  foreign  government,  and  not  America. 

On  the  other  hand,  the  notes  from  Baron  Gros  and  from  Mr.  Adams, 
of  which  1  inclose  copies,2  would  seem  to  qualify  very  materially  the 
above-quoted  statements  of  Mr.  Edwards,  and  to  render  it  incumbent 
upon  Her  Majesty's  government  to  institute  a  searching  inquiry  with 
regard  to  the  suspicious  circumstances  therein  related. 

I  am  therefore  to  request  that  you  will  move  the  lords  of  the  treasury 
to  give  directions  to  the  commissioners  of  customs  accordingly,  and  to 
ask  for  explanations  as  to  Mr.  Edwards's  statement  that  the  vessels  in 
question  were  the  property  of  French  subjects. 
I  am,  &c, 
(Signed)  A.  H.  LAYAED. 


No.  15. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  July  29,  1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  25th  instant,  and  to  acquaint  you  that  the  information  therein  con- 
tained relative  to  the  iron-clad  vessels  in  course  of  construction  at  Messrs. 
Laird's  yard  at  Birkenhead,  has  been  communicated  to  the  proper  depart- 
ment of  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  EUSSELL. 


'No.  16. 
Mr.  Arbutknot  to  Mr.  Hammond. 

Treasury  Chambers, 
August  4,  1866.     (Eeceived  August  4.) 
Sir:  With  reference  to  Mr.  Layard's  letter  of  the  28th  ultimo,  I  am 

*No.  10.  2Nos.  12  and  13. 


384  TREATY    OF    WASHINGTON. 

desired  by  the  lords  commissioners  of  Her  Majesty's  treasury  to  trans- 
mit to  you,  for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a 
report,  dated  this  day,  from  the  commissioners  of  customs,  relating  to 
the  iron-clad  vessels  fitting  at* Liverpool,  which  are  referred  to  in  Mr. 
Layard's  letter. 

I  have,  &c, 

(Signed)  G.  AEBUTHNOT. 


[luclosure  in  Xo.  16.] 
The  commissioners  of  customs  to  the  lords  commissioners  of  the  treasury. 

Custom-House,  August  4,  1863. 
Your  lordships  Laving  referred  to  us  the  annexed  letter  from  Mr.  Layard,  transmit- 
ting, by  desire  of  Earl  Russell,  with  reference  to  the  case  of  the  iron-clad  vessel  lately 
launched  from  Messrs.  Laird's  yard  at  Birkenhead,  and  also  to  another  vessel  of  similar 
construction  now  on  the  stocks  there,  copy  of  a  report  from  the  law-officers  of  the 
Crown,  stating  that  they  are  clearly  of  opinion  that  Her  Majesty's  government  ought 
not  to  detain  or  in  any  way  interfere  with  the  vessels  in  question,  and  observing  that 
this  opinion  was  in  a  great  measure  formed  upon  the  reports  of  Mr.  S.  Price  Edwards, 
collector  of  customs  at  Liverpool,  who,  in  two  reports  to  this  board,  copies  of  which 
have  been  transmitted  to  your  lordships,  has  stated  his  belief  that  the  vessels  in  ques- 
tion were  built  for  French  subjects  :  and  requesting,  as  those  reports  would  appear  to 
be  very  materially  qualified  by  notes  from  Baron  Gros  and  Mr.  Adams,  copies  of  which 
Mr.  Layard  incloses,  that  directions  may  be  issued  to  this  board  to  call  for  explanations 
of  Mr.  Edwards's  statement  that  the  vessel  in  question  was  the  property  of  French  sub- 
jects. 
[331]  *We  report- 
That  on  the  receipt  of  your  lordship's  reference  we  forthwith  called  upon  our 
collector  at  Liverpool  for  further  explanation  in  reference  to  his  statements  respecting 
the  vessels  in  question,  more  especially  in  regard  to  the  statement  made  to  him  by  the 
French  consul,  as  mentioned  in  the  postscript  to  his  report  dated  the  8th  ultimo  ;  and, 
in  reply,  he  states  that  nothing  has  transpired  since  he  wrote  his  letter  of  the  8th 
ultimo  to  alter  the  opinion  he  then  entertained  and  expressed,  viz,  that  the  vessels 
were  not  built  for  the  confederates,  but  for  Frenchmen,  and  that  the  substance  of  the 
conversation  which  passed  between  the  French  consul  and  himself  is  correctly  stated. 
The  letters  which  Baron  Gros  and  Mr.  Adams  do  not  appear  to  him,  he  observes,  to 
contradict  the  statements,  for  it  will  be  remarked  that  the  ambassador's  letter  only 
shows  that  the  vessels  were  not  built  for  the  French  government,  a  fact  which  he  (Mr. 
Edwards)  did  not  assert,  having  only  stated  that  they  were  French  property.  The 
collector  adds  that  he  has  recently  learned  from  the  consul  that  he  is  perfectly  satisfied 
that  money  has  been  paid  for  the  vessel  by  Frenchmen,  but  that  no  further  steps  have 
been  taken  to  put  it  under  the  French  flag. 

(Signed)  THO.  F.  FREMANTLE. 

R.  W.  GREY. 


No.  17. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
August  12,  1863.     (Eeceived  August  13.) 
Sir  :  With  reference  to  previous  correspondence  on  the  subject,  I  am 
commanded  by  the  lords  commissioners  of  Her  Majesty's  treasury  to 
transmit  to  you,  for  the  consideration  of  Earl  Russell,  the  inclosed  let- 
ter dated  12th  instant,  from  the  commissioners  of  customs,  relating  to 
the  two  iron-clad  steamers  fitting  at  Liverpool,  as  has  been  stated,  for 
the  service  of  the  Confederate  States  of  North  America. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


BRITISH    CASE    AND    PAPERS.  385 

[Inclosure  1  in  No.  17.J 

Mr.  DicJcins  to  Mr.  Peel. 

Custom-House,  August  12, 1863. 
Sir  :  I  am  desired  by  the  board  of  customs  to  transmit  to  you,  for  tbe  consideration 
and  directions  of  tbe  lords  commissioners  of  Her  Majesty's  treasury,  the  accompanying 
copy  of  a  declaration  made  by  Thomas  Sweeney  in  regard  to  two  iron-clad  steam-ves- 
sels which  it  is  alleged  are  now  being  built  by  Messrs.  Laird  &  Co.,  at  Birkenhead,  for 
the  so-called  Confederate  States  of  America. 
I  am,  &c, 
(Signed)  GEO.  DICKINS. 


Enclosure  2  in  No.  17.J  . 

Mr.  Stewart  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  August  11,  1863. 
Honorable  Sirs  :  With  reference  to  the  collector's  report  of  the  13th  ultimo,  I  beg  to 
transmit,  for  the  information  of  the  board,  the  inclosed  affidavit  of  Thomas  Sweeney, 
handed  to  me  this  day  by  the  American  consul  at  this  port. 

(Signed)  W.  G.  STUART, 

Assistant  Collector. 


[332]  *(Tnclosure  3  in  No.  17.] 

Mr.  Dudley  to  Mr.  Edwards. 

United  States  Consulate, 

Liverpool,  August  11,  1863. 
Sir:  Referring  to  the  application  heretofore  made  by  me  to  you  to  stop  the  iron-clad 
steam-ram  now  building  by  the  Messrs.  Laird  at  Birkenhead  for  the  so-called  southern 
confederacy,  and  which  was  launched  on  the  4th  day  of  July  last  past,  I  now  submit 
to  you  another  affidavit,  that  of  Thomas  Sweeney,  of  Liverpool,  which,  with  those 
heretofore  submitted,  I  hope  will  induce  you  to  take  the  necessary  steps  (if  they  have 
not  already  been  taken)  to  prevent  this  vessel  from  sailing,  destined  as  she  is-  to 
make  war  upon  and  commit  acts  of  hostility  against  the  Government  of  the  United 
States. 

I  am,  &c, 

(Signed)  THOMAS  H.  DUDLEY. 


[Inclosure  4  in  No.  17.J 
Deposition  of  Thomas  Sweeney. 

Thomas  Sweeney,  of  No.  57  Crosby  street,  Liverpool,  being  duly  sworn,  doth  depose 
and  say  :  I  am  a  deck-planer,  and  am  now,  and  have  been  for  about  ten  years  last  past, 
in  the  employ  of  Messrs.  Lairds,  ship-builders,  at  Birkenhead.  There  is  now  building 
in  their  yard  two  iron-clad  steam  ^war- vessels ;  they  are  sister  ships,  of  same  size, 
dimensions,  and  construction,  built  side  by  side  in  the  southern  part  of  their  yard  ; 
each  is  armed  on  the  stem  with  an  iron  piercer  or  ram,  for  the  purpose  of  piercing  and 
destroying  vessels.  They  are  known  and  numbered  in  the  yard  as  Nos.  294  and  295 
respectively  ;  they  are  each  being  built  apparently  for  turrets. 

On  the  4th  day  of  July  last  past  No.  294  was  launched,  and  then  placed  in  one  of 
the  dry-docks  of  said  yard,  wbere  she  is  now  being  completed.  Her  boilers  and 
machinery  are  in,  and  her  three  masts  up ;  the  two  turrets  for  her  guns  are  alongside, 
nearly  in  a  complete  condition,  and  ready  to  be  placed  on  board. 

I  have  talked  with  many  of  the  men  and  workmen  in  the  yard  who  are  now,  and 
have  been  from  time  to  time,  employed  and  working  there  on  their  vessels,  and  they 
have  told  me  they  were  for  the  confederates  in  the  United  States,  the  same  parties  for 
whom  the  Alabama  was  built.  On  the  29th  day  of  July  last  past  I  had  a  conversation 
with  Mr,  Moore,  one  of  the  head-workmen  in  the  yard.  I  asked  him  what  he  thought 
of  the  Alabama.  His  reply  was,  she  was  all  right  enough  ;  but  said,  wait  for  the  294 
and  295  (alluding  to  the  two  rams  above  mentioned)  to  get  out  and  alongside  the 

H.  Ex.  282,  vol.  ii 25 


386  TREATY    OF   WASHINGTON. 

Alabama,  and  then  you  will  soon  see  the  southern  ports  opened,  meaning  the  ports  in 
the  southern  confederacy  now  blockaded. 

On  the  7th  of  August  instant  I  had  a  conversation  with  Captain  Henderson,  the 
head-rigger  in  Messrs.  Laird's  yard.  I  asked  him  to  make  room  and  get  my  son  and 
son-in-law  a  berth  on  No.  294  ;  he  said  he  would  not  advise  me  to  let  them  go  on  this 
vessel,  as  Nos.  294  and  295  were  both  going  out  on  purpose  to  fight  against  the 
Federals,  and  to  break  up  the  blockade,  but  went  on  further  to  say,  "  If  either  of  them 
wants  a  berth  on  these  vessels,  I  shall  find  them  one,  but  they  will  not  be  told  where 
they  are  going  to."  At  the  time  the  Alabama  was  being  built  in  the  yard,  my  present 
son-in-law  was  going  to  ship  in  her,  and  I  had  a  conversation  with  Captain  Henderson 
about  it,  and  he  told  me  then  in  substance  what  he  told  me  on  the  7th  instant  about 
the  two  rams,  Nos.  294  and  295. 

(Signed)  THOMAS  SWEENEY. 

Sworn  and  subscribed  to  before  me,  at  the  customs  in  Liverpool,  this  11th  day  of 
August,  1863. 

(Sigued)  W.  G.  STUART, 

Assistant  Collector. 


[333]  *J5To.  18. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  August  14,  1863.  (Received  August  14.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  copies 
of  letters  from  the  consul  of  the  United  States  at  Liverpool,  containing 
further  information  respecting  movements  of  persons  believed  to  be 
agents  of  the  insurgents  at  that  port.  I  regret  to  perceive  that  the 
preparation  df  the  dangerous  armed  vessel  of  which  I  have  had  the 
honor  heretofore  to  take  notice  in  my  notes  to  your  lordship  is  not  in- 
termitted. It  is  difficult  for  me  to  give  your  lordship  an  adequate  idea 
of  the  uneasiness  and  anxiety  created  in  the  different  ports  of  the 
United  States  by  the  idea  that  instruments  of  injury  of  so  formidable  a 
character  continue  to  threaten  their  safety,  as  issuing  from  the  ports  of 
Great  Britain,  a  country  with  which  the  people  of  the  United  States 
are  at  peace. 

I  pray,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  1  in  ~Xo  18.] 
Mr.  Dudley  to  Mr.  Adams. 

s     United  States  Consulate, 

Liverpool,  August  7,  1863. 

Sir  :  Colonel  George  H.  Bier,  a  lieutenant  in  the  confederate  navy,  with  his  wife  ; 
a  man  by  the  name  of  Joseph  N.  Barney,  and  two  engineers ;  one  by  the  name  of 
W.  H.  Jackson,  (the  other  I  have  not  learned,)  arrived  here  on  Sunday  last  in  the 
steamer  Asia.from  Boston  via  Halifax.  Bier,  Barney,  Jackson,  and  the  other  engineer 
came  from  Halifax.  Mrs.  Bier  passed  through  our  lines  at  Fort  Monroe  under  the  as- 
sumed name  of  Mrs.  Henry.  I  understand,  through  a  passenger  on  board  of  the  Asia, 
that  these  persons  came  here  to  go  out  as  officers  in  the  iron-clads  now  building  by 
the  Messrs.  Laird  at  Birkenhead. 

Colonel  Bier  stated  in  the  steamer  that  he  had  been  in  the  confederate  army,  and 
Jackson,  the  engineer,  that  he  had  been  as  an  engineer  on  the  steamer  Florida.  Upon 
examining  the  register  of  the  confederate  navy,  I  find  that  Bier  is  a  lieutenant  in  their 
navy,  and  is  mentioned  as  being  with  the  army,  and  Jackson  is  an  engineer  in  the 
steamer  Florida;  thus  confirming  all  that  they  told  the  passengers.  I  have  no  doubt 
about  the  truth  of  their  statements,  that  they  are  here  to  join  these  iron-clads. 


BRITISH    CASE    AND    PAPERS.  387 

The  one  that  is  launched  has  her  masts  up,  boilers  and  machinery  in,  and,  I  learned 
to-dav,  is  shipping  her  turrets.    She,  no  doubt,  can  be  got  ready  for  sea  in  a  week's 
time."  My  information  about  the  other  is,  that  she  is  to  be  launched  on  the  15th  in- 
stant— to-morrow  week. 
I  am,  &c, 
(Signed)  THOMAS  H.  DUDLEY. 


[Inclosure  2  in  No.  18.1 

Mr.  Dudley  to  Mr.  Adams,  August  11,  1363. 

[See  inclosure  2  in  No.  17.] 


[Inclosure  3  in  No  18. 1 

Deposition  of  Thomas  Sweeney. 

[See  iuclosure  5  in  No.  17.] 


[334]  *No.  19. 

Mr.  Layarcl  to  Mr.  Hamilton. 

Foreign  Office,  August  14, 1863. 

Sir  :  With  reference  to  your  letter  of  the  12th  instant,  inclosing  a 
copy  of  a  deposition  by  Thomas  Sweeney  respecting  the  iron-clads  in 
course  of  construction  at  Messrs.  Laird's  yard  at  Birkenhead,  I  am  di- 
rected by  Earl  Russell  to  transmit  to  you  a  copy  of  a  note  from  Mr. 
Adams,1  inclosing,  together  with  a  copy  of  the  same  deposition,  a  copy  of  a 
letter  from  Mr.  Dudley,  the  United  States  consul  at  Liverpool,  report- 
ing the  arrival  at  that  port  of  Colonel  George  H.  Bier,  a  lieutenant  in 
the  confederate  navy,  with  his  wife ;  a  man  by  name  of  Joseph  N. 
Barney,  and  two  engineers,  with  the  intention,  as  asserted  by  Mr.  Dud- 
ley, of  going  out  as  officers  in  the  ironclads. 

I  am  to  request  that  you  will  move  the  lords  commissioners  of  Her 
Majesty's  treasury  to  communicate  this  information  to  the  commission- 
ers of  customs,  and  to  direct  the  commissioners  to  adopt  whatever 
measures  can  legally  and  properly  be  taken  in  the  matter. 
I  am,  &c, 
(Signed)  A.  H.  LAYAKD. 


No.  20. 

Mr.  Layard  to  Mr.  Bruce. 


Foreign  Office,  August  14, 1863. 
Sir:  With  reference  to  your  letter  of  the  25th  ultimo,  respecting  the 
ironclads  in  course  of  construction  at  Messrs.  Laird's  yard  at  Birken- 
head, I  am  directed  by  Earl  Russell  to  transmit  to  you  a  copy  of  a  note 


No.  18. 


388  TREATY    OF    WASHINGTON. 

from  Mr.  Adams,1  inclosing  copies  of  a  deposition  by  Thomas  Sweeney 
and  of  a  letter  from  Mr.  Dudley,  the  United  States  consul  at  Liverpool, 
reporting  the  arrival  at  that  port  of  Colonel  George  H.  Bier,  a  lieuten- 
ant in  the  confederate  navy,  with  his  wife ;  a  man  by  name  of  Joseph 
N.  Barney,  and  two  engineers,  with  the  intention,  as  asserted  by  Mr. 
Dudley,  of  going  out  as  officers  in  the  ironclads. 

I  am  to  request  that  you  will  lay  these  papers  before  Secretary  Sir 
G.  Grey,  and  move  him  to  direct  the  authorities  at  Liverpool  to  insti- 
tute immediate  inquiries  with  regard  to  these  persons,  and  generally  to 
adopt  whatever  steps  can  legally  and  properly  be  taken  in  the  matter. 
I  am,  &c, 
(Signed)  A.  H.  LAYAED. 


No.  21. 

Mr.  Layard  to  Mr.  Adams. 

Foreign  Office,  August  14, 1863. 
Sir  :  I  have  the  honor,  in  Lord  Russell's  absence,  to  acknowledge  the 
receipt  of  your  letter  of  the  14th  instant,  inclosing  copies  of  further 
papers  relative  to  the  ironclads  in  course  of  construction  at  Messrs. 
Laird's  yard  at  Birkenhead ;  and  I  have  the  honor  to  state  to  you  that 
I  have  lost  no  time  in  communicating  copies  of  these  papers  to  the 
proper  departments  of  Her  Majesty's  government. 
I  am,  &c,  , 

(Signed)  A.  H.  LAYABD. 


[335J  *No.  22. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
August  19,  1863.     (Beceived  August  19.) 
Sir  :   With  reference  to  your  letter  of  the  14th  instant,  I  am  com- 
manded by  the  lords  commissioners  of  Her  Majesty's  treasury  to  trans- 
mit to  you,  for  the  information  of  Earl  Russell,  the  inclosed  copies  of  a 
report  and  accompanying  paper  which  their  lordships  have  received 
from  the  commissioners  of  customs,  dated  18th  instant,  relating  to  the 
iron-clad  vessels  fitting  at  Liverpool,  as  has  been  suspected,  for  the  ser- 
vice of  the  Confederate  States  of  North  America. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  Xo.  22.] 

Mr.  Dickim  to  Mr.  Hamilton. 

Custom-House,  August  18,  1863. 
Sir:  With  refereuce  to  yonr  letter  dated  the  15th  instant,  transmitting,  by  desire  of 
the  lords  commissioners  oi"  Her  Majesty's  treasury,  copies  of  a  letter  and  accompany- 

>No.  18. 


BRITISH    CASE    AND     PAPERS.  389 

ing  documents,  which  have  been  received  from  the  foreign  office,  relating  to  the  iron- 
clad vessels  fitting  at  Liverpool,  as  has  been  stated,  for  the  warlike  service  of  the 
Confederate  States  of  America,  and  signifying  their  lordships'  directions  that  the  board 
would  adopt  whatever  measures  could  legally  and  properly  be  taken  in  the  matter,  I 
am  desired  by  the  board  to  acquaint  you,  for  their  lordships'  information,  that  the 
board  have  called  upon  the  acting  collector  of  this  revenue  at  Liverpool  to  make  in- 
quiry and  report  forthwith  to  the  board  any  information  which  he  might  be  enabled 
to  obtain  respecting  the  parties  named  in  the  letter  of  Mr.  Dudley,  dated  the  7th  in- 
stant, and  particularly  as  connecting  them  with  the  vessels  building  in  Messrs.  Laird's 
yard ;  and  I  am  directed  to  transmit  herewith  copies  of  the  reports  of  Mr.  Stewart, 
acting  collector,  and  Mr.  Morgan,  principal  surveyor,  dated  the  17th  instant,  stating 
the  result  of  their  inquiries  and  the  present  condition  of  the  vessels. 

I  am  further  desired  to  add  that  the  board  are  advised  by  their  solicitor  that  no 
measures  can  legally  be  taken  against  these  vessels. 

I  am,  &c, 

(Signed)  GEO.  DICKINS. 


fin  closure  2  in  Xo.  22.] 

Mr.  Stewart  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  August  17,  1863. 
Honorable  Sirs  :  On  referring  to  the  list  of  passengers  per  the  Asia,  there  appears 
among  them  in  the  newspaper  a  person  named  G.  H.  Bier,  but  he  is  not  described  as 
an  officer — the  names  of  the  other  persons  alluded  to  are  not  in  the  list — nor  have  I  been 
able  to  ascertain  that  he  is  in  any  way  connected  with  the  vessels  referred  to,  now 
building  in  Messrs.  Laird's  yard. 

I  beg  to  refer  to  the  annexed  report  of  Mr.  Morgan,  surveyor,  who  has  this  day  in- 
spected the  vessels,  in  which  he  shows  the  progress  made  in  building  and  fitting  each 
out ;  nor  has  any  further  information  been  received  with  regard  to  the  persons  for 
whom  they  have  been  builfc,  or  tending  to  throw  a  doubt  on  the  fact  stated  in  the  col- 
lector's report  of  the  1st  instant,  that  they  were  French  property. 

Respectfully,  &c,  x 

(Signed)  W.  G.  STEWART, 

Assistant  Collector. 


[336]  *  [Inclosure  3  in  No.  22.] 

Mr.  Morgan  to  Mr.  Stewart. 

Liverpool,  August  17,  1863. 
Sir  :  Referring  to  the  parties  named  in  Mr.  Dudley's  letter  of  the  7th  instant,  I  have 
to  report  that  nothing  more  is  known  of  them  than  that  a  person  by  the  name  of  G.  H. 
Bier  appears  in  the  list  of  passengers  by  the  steamer  Asia,  on  the  2d  instant ;  the  other 
names  do  not  appear  in  that  list. 

I  have  had  an  interview  to-day  with  Mr.  John  Laird,  who  obligingly  showed  me 
over  both  vessels  which  are  referred  to,  and  I  found  one  nearly  completed,  and  ready 
for  a  trial-trip  at  any  time. 

The  other  will' not  be  ready  for  launching  in  less  than  a  month. 

I  beg  further  to  add  that  no  further  information  has  come  to  my  knowledge  in  regard 
to  the  persons  for  whom  those  two  formidable  vessels  are  intended. 
Very  respectfully, 
•  (Signed)  E.  MORGAN, 

Surveyor. 

P.  S.— I  may  add  that  Mr.  Dudley's  statement  as  to  one  of  the  vessels  having  her 
masts  up,  boilers  and  machinery  completed,  is  correct ;  but  the  turrets  are  not  com- 
pleted, being  still  in  the  course  of  construction. 

E.  M. 


V 


390  TREATY    OF    WASHINGTON. 

No.  23. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Temple,  August  20,  1863.     (Received  August  22.) 

My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Layard's  letter  of  the  5th  instant,  stating  that,  with  reference  to 
our  report  of  the  24th  ultimo,  respecting  the  iron-clads  in  course  of  con- 
struction at  Messrs.  Laird's  yard  at  Birkenhead,  he  was  directed  by  ■ 
your  lordship  to  transmit  to  us,  together  with  the  previous  papers,  two 
notes  from  Baron  Gros  and  Mr.  Adams,  and  a  correspondence  which 
has  passed  between  this  department  (the  foreign  office)  and  the  treas- 
ury thereupon.  And  Mr.  Layard  was  to  request  that  we  would  take 
these  further  papers  into  consideration,  and  report  to  your  lordship 
whether  we  see  any  reason  to  alter  or  modify  the  opinion  recorded  in 
our  former  report,  that  Her  Majesty's  government  ought  not  to  detain 
or  in  any  way  interfere  with  the  steam- vessels  in  question. 

We  are  also  honored  with  Mr.  Layard's  letters  of  the  13th  and  14th 
instant,  inclosing  to  us  a  further  report  from  the  commissioners  of  cus- 
toms respecting  these  vessels,  and  also  a  deposition  of  Thomas  Sweeney, 
a  copy  of  a  letter  from  Mr.  Dudley,  the  United  States  consul  at  Liver- 
pool, reporting  the  arrival  at  that  port  of  Colonel  George  H.  Bier,  a 
lieutenant  in  the  confederate  navy,  with  his  wife,  a  man  by  name  of 
Joseph  1ST.  Barney,  and  two  engineers,  with  the  intention,  as  asserted 
by  Mr.  Dudley,  of  going. out  as  officers  in  the  iron-clads.  And  Mr. 
Layard  was  to  request  that  we  would  also  take  these  papers  into  our 
immediate  consideration,  and  advise  your  lordship  as  to  the  steps  which 
Her  Majesty's  government  can  legally  and  properly  adopt  in  the  matter. 

In  obedience  to  your  lordship's  commands,  we  have  taken  these  sev- 
eral papers  into  consideration,  and  have  the  honor  to  report — 

That  they  do  not  induce  us  to  alter  or  modify  the  substance  of  the 
opinion  which  we  had  the  honor  to  express  in  our  former  report. 

If,  indeed,  the  question  were,  whether  Mr.  Price  Edwards  had  satis- 
factorily explained  the  grounds  on  which,  in  his  letter  to  the  commis- 
sioners of  customs,  under  date  the  11th  July  last,  (adverted  to  in  our 
former  report,)  he  stated  his  belief  not  only  that  these  two  vessels  were 
"  built  for  a  banker  at  Paris,"  but  that  this  banker  was  paying  for  them, 
"  on  behalf  of  a  foreign  government,  and  not  America  f  or,  whether  the 
account  of  the  nature  and  extent  of  the  communications  of  the  French 
consul  at  Liverpool  with  M.  Bravay,  the  u  merchant"  of  Paris,  who  rep- 
resented himself  to  be  interested  in  these  vessels,  given  in  the  letters  of 
Baron  Gros,  dated  27th  July,  and  of  Mr.  Wilding,  dated  24th  July,  is 
entirely  consistent  with  the  statements  reported  by  Mr.  Edwards — in 
the  postscript  to  his  letter  of  the  8th  July — to  have  been  made  to  him 
by  the  French  consul,  namely,  "  that  he,"  the  French  consul, 
[337J  "had  aided  the  owner  *with  respect  to  the  fitments  of  one  of 
the  two  ships,  and  was  to  provide  a  crew  for  her,  and  would 
prepare  the  necessary  papers  for  her  departure,  when  ready  for  sea," 
we  should  be  unable  to  answer  either  of  these  questions  in  the  affirmative. 
But  the  facts  remain  that  M.  Bravay,  a  French  merchant,  residing  at 
Paris,  is  represented  to  be  the  person  for  whom  these  ships  have  been 
built,  and  that  he  has  personally  appeared  and  acted  in  that  character 
at  Liverpool ;  that  there  is  no  evidence  against  his  claim,  and  nothing 
to  affect  M.  Bravay  with  any  illegal  act  or  purpose ;  and  that  Mr.  Price 
Edwards,  the  responsible  agent  of  the  board  of  customs  at  Liverpool, 
still  reports  it  to  be  his  own  opinion  and  belief  that  these  vessels  "  were 


BRITISH    CASE    AND    PAPERS.  391 

not  built  for  the  confederates,  but  for  Frenchmen  f  and  still  asserts  the 
substantial  correctness  of  his  former  report  of  the  conversation  between 
himself  and  the  French 'consul. 

Under  these  circumstances,  and  having  regard  to  the  entire  insuffi- 
ciency of  the  depositions  forwarded  to  Her  Majesty's  government  by 
Mr.  Adams,  to  prove  any  infraction  of  the  law,  we  cannot  advise  Her 
Majesty's  government  to  interfere  in  any  way  with  these  vessels. 

There  is,  in  fact,  no  evidence  capable  of  being  presented  to  a  court  of 
justice  of  any  intention  on  the  part  of  any  persons  in  this  country,  that 
either  of  these  vessels  should  be  employed  in  the  belligerent  service  of 
the  confederate  government  against  the  United  States ;  even  if  it  would 
have  been  proper  (had  such  evidence  been  forthcoming)  to  act  upon  the 
assumption  that  the  law  recently  laid  down  by  the  lord  chief  baron  in  the 
case  of  the  Alexandra  is  incorrect,  or  that  his  lordship's  ruling  is  inap- 
plicable to  vessels  of  this  description ;  a  point  on  which  it  may  be  better 
to  reserve  the  expression  of  our  opinion  till  such  a  case  arises. 

With  respect  to  the  further  letters  from  Mr.  Layard,  dated  13th  and  14th 
of  August,  they  appear  to  us  to  contain  nothing  but  hearsay  evidence 
and  common  gossip  in  the  ship-builder's  yard  and  on  board  the  steamer 
which  conveyed  Mr.  and  Mrs.  Bier,  upon  which  it  would  be  impossible 
to  advise  Her  Majesty's  government  to  place  any  reliance. 

(Signed)  WM.  ATHERTOK     • 

KOUNDELL  PALMER. 
ROBERT  PHILLIMORE. 


No.  24. 

Mr.  Waddington  to  Mr.  Layard, 

Whitehall,  August  21,  1863.  (Received  August  22.) 
Sir  :  I  have  laid  before  Secretary  Sir  George  Grey  your  letter  of  the 
14th  instant,  inclosing  a  note  from  the  American  minister,  with  copies 
pf  a  deposition  by  Thomas  Sweeney,  and  of  a  letter  from  the  United  States 
consul  at  Liverpool  on  the  subject  of  the  ironclads  in  course  of  construc- 
tion at  Birkenhead ;  and  I  am  to  transmit  to  you,  for  the  information  of 
Earl  Russell,  the  opinion  of  the  law-officers  of  the  Crown  on  a  further 
case  which  has  been  submitted  to  them. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[Inclosure  in  No.  24.] 
Opinion. 

We  do  not  find  that  any  evidence  whatever  is  offered  in  support  of  the  belief  ex- 
pressed by  Mr.  Dudley,  that  the  persons  who  are  mentioned  in  his  letter  as  having 
arrived  in  Liverpool  by  the  steamer  Asia  are  about  to  join  the  two  iron-clad  vessels  in 
question,  or  that  they  are  in  any  way  connected  with  those  vessels. 

The  deposition  of  Thomas  Sweeney  would  be  of  more  importance  if  the  talk  of  the 
men  and  workmen  in  Messrs.  Laird's  yard  could  be  admitted  as  evidence  of  the  purpose 
for  which  those  vessels  are  being  built,  or  of  their  intended  employment.  But  there  is 
nothing  to  show  that  Mr.  Moore,  (described  as  one  of  the  head  workmen,)  or  Captain 
Henderson,  (described  as  the  head-rigger  in  the  yard,)  or  any  others  of  the  "many"  men 
and  workmen  who  are  not  named,  had  any  power  or  authority  to  bind  their  employers 
by  any  declarations  or  statements  with  respect  to  those  ships ;   and  none  of  these 


392  TREATY    OF    WASHINGTON. 

[338]  ^declarations  or  statements  appear  to  have  been  made  in  the  course  or  for  the 
purpose  of  the  employment  of  the  persons  making  them.  Therefore  we  are 
clearly  of  opinion  that  all  this  is  mere  hearsay,  inadmissible  in  evidence,  and  that  it 
does,  not  at  all  advance  the  case,  except  so  far  as  the  existence  of  such  rumors  and  such 
a  belief  among  the  workmen  in  the  yard  (agreeing,  as  they  do,  with  what  was  antece- 
dently probable)  may  furnish  grounds  for  suspicion  and  for  continued  watchfulness 
concerning  these  vessels,  notwithstanding  the  different  opinions  still  entertained  by 
Mr.  Pierce  Edwards,  the  collector  of  customs  at  Liverpool. 

There  is,  in  fact,  no  additional  evidence,  and  we  therefore  continue  to  think  that  the 
interference  of  the  government,  by  seizure  of  these  vessels  or  otherwise,  would  not  be 
warranted  by  any  of  the  depositions  which  have  been  brought  to  our  notice. 
For  myself  and  the  attorney -general,  in  his  absence. 

(Signed)  ROUNDELL  PALMER. 

August  19,  1863. 


No.  25. 
Mr.  Murray  to  Mr.  Hamilton. 

Foreign  Office,  August  22, 1863. 

Sir:  I  have  laid  before  Earl  Eussell  your  letter  of  the  19th  instant, 
respecting  the  iron-clads  in  course  of  construction  at  Birkenhead. 

I  anf,  in  reply,  to  request  that  you  will  state  to  the  lords  commission- 
ers of  Her  Majesty's  treasury  that  Lord  Russell  is  of  opinion  that  every 
effort  should  be  made  to  obtain  trustworthy  evidence  with  regard  to  the 
persons  and  the  purpose  for  which  these  vessels  are  being  built  and 
equipped  ;  and  that  as  it  appears,  from  an  inquiry  which  Lord  Russell 
has  caused  to  be  made  at  the  home  office,  that  the  mayor  of  Liverpool 
has  no  jurisdiction  at  Birkenhead,  his  lordship  would  suggest  that  the 
lords  of  the  treasury  should  send  their  solicitor  to  Birkenhead  to  inquire 
whether  evidence  cannot  be  procured  against  these  vessels. 
I  am,  &c, 
(Signed)  JAMES  MURRAY. 


No.  26. 
Earl  Russell  to  Earl  Cowley. 

[Telegraphic] 

Foreign  Office,  August  22,  1863 — 4.40  p.  m. 
Please  inquire  at  the  French  admiralty  whether  the  iron-clad  steamers 
which  are  now  building  at  Messrs.  Laird's  yard,  at  Birkenhead,  are  in- 
tended for  the  French  government.  •     • 


No.  27. 

Earl  Cowley  to  Earl  Russell. 

[Telegraphic] 

Paris,  August  24,  1863 — 1  p.  m.     (Received  August  24.) 
In  reply  to  your  lordship's  telegram  of  the  22d,  I  beg  to  report  that 
the  iron-clad  vessels  are  not  for  the  French  government. 


BRITISH    CASE    AND     PAPERS.  ,  393 

No.  28. 
Earl  Russell  to  Earl  Cowley. 
[Telegraphic] 

Foreign  Office,  August  24,  1863 — 4.10  p.  in. 

A  Frenchman  named  Bravay  claims  the  two  ironclads  as  vessels 
purchased  for  the  Egyptian  government.  Ascertain  whether  there  is 
such  a  house  as  Bravay  at  Paris,  and  obtain  any  information  you  can 
about  this  asserted  purchase.  M.  Bravay  has  written  to  the  French 
embassy  here  to  claim  the  ships,  but  not  through  the  ministry  for  foreign 
affairs. 


[339]  *No.  29. 

The  Marquis  de  C adore  to  Earl  Russell. 

Londres  le  26  aoiit  1863.  (Received  August  27.) 
M.  le  Comte  :  En  reponse  au  billet  que  votre  excellence  a  bien  voulu 
m'ecrire  en  date  du  22  de  ce  mois,  j'ai  Phonneur  de  Finformer  que  les 
representants  a  Paris  de  la  maison  Bravay,  d'Alexandrie,  ayant  adresse 
dernierement  au  gouyernement  de  l'empereur  une  demande  d'interven- 
tion  au  sujet  des  deux  navires  cuirasses,  construits  par  MM.  Laird  a 
Birkenhead,  il  leur  a  ete  repondu  que  les  batiments  etant,  d'apres  les 
declarations  de  MM.  Bravay,  acquis  par  eux  pour  le  compte  du  viceroi 
d'Egypte,  le  gouyernement  de  sa  majeste  ne  serait  pas  fonde  a  inter- 
venir  pour  justifier  leur  destination,  et  qu'il  n'appartient  qu'au  gouverne- 
ment  egyptien  de  fournir  a  Padininistration  anglaise  les  preuves  neces- 
saires  pour  autoriser  l'armement  et  la  sortie  de  ces  navires. 

Veuillez,  &c, 

(Signe)  OADORE. 


No.  30. 
Earl  Cowley  to  Earl  Russell. 

[Telegraphic.] 

Chantilly,  August  27,  1863—5  p.  m.     (Received  August  27.) 
I  can  find  no  trace  of  the  individual  mentioned  in  your  telegram  of 
Monday  last.  • 


No.  31. 

Mr.  Colquhoun  to  Earl  Russell. 
[Telegraphic.] 

Alexandria,  August  27,  1863.     (Received  August  27.) 
As  regards  the  iron-clad  vessels,  I  beg  to  refer  to  my  letter  of  the  26th 
February.    The  Viceroy  has  arranged  with  M.  Bravay.     I  will  send  the 
particulars  by  next  post,  if  possible. 


394  TREATY    OF    WASHINGTON. 

No.  32. 

Mr.  Hamilton  to  Mr,  Hammond, 

Treasury  Chambers, 
August  28, 1863.  (Received  August  29.) 
Sir  :  With  reference  to  previous  correspondence  I  am  commanded  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Russell,  the  inclosed  copies  of  a  letter,  and 
its  inclosures,  which  their  lordships  have  received  from  the  commission- 
ers of  customs,  relating  to  the  iron-clad  vessels  fitting  at  Liverpool,  as 
has  been  suspected,  for  the  service  pf  the  Confederate  States  of 
America. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  iu  No.  32.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  August  27, 1863. 
Sir  :  With  reference  to  your  letter  dated  the  25th  instant,  I  am  desired  by  the  board 
of  customs  to  transmit  to  you,  for  the  information  of  the  lords   commissioners  of 
Her  Majesty's  treasury,  the  accompanying  copies  of  reports  which  the  board  have  re- 
ceived from  their  officers  at  Liverpool  relative  to  the  two  iron-clad  vessels  in  course  of 
construction  at  Messrs.  Laird's  yard  at  Birkenhead. 
•   I  am,  &c, 
(Signed)  ,        F.  G.  GARDNER. 


[340]  *  [Inclosure  2  in  No.  32.] 

Mr.  Morgan  to  Mr.  Edwards. 

Liverpool,  August  26,  1863. 
Sir  :  Referring  to  the  iron-clad  vessels,  in  the  course  of  construction  at  Messrs.  Laird's 
yard,  I  beg  to  report  that  little  or  no  advance  toward  completion  has  taken  place 
since  the  date  of  my  last  report  on  board  that  vessel  which  is  the  most  forward  ;  her 
turrets  are  not  shipped,  and  it  will  take  several  days  to  complete  her  in  every  par- 
ticular. 

Mr.  Laird,  jr.,  informed  me  that  she  is  to  be  completed  before  she  goes  on  her  trial- 
trip. 

I  shall  have  the  honor  of  reporting  any  movements  in  connection  with  those  vessels 
for  the  information  of  the  honorable  board. 
I  have,  &c, 
(Signed)  E.  MORGAN,  Surveyor. 


[Inclosure  3  in  No.  32.] 

Mr.  Stewart  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  August  26,  1863. 
Honorable  Sirs  :  On  the  receipt  of  your  order  of  the  25th  instant,  transmitting  a 
copy  of  a  treasury  letter  with  reference  to  the  two  iron-clad  vessels  in  course  of  con- 
struction at  Messrs.  Laird's  yard  at  Birkenhead,  Mr.  Morgan  crossed  over  to  the  yard, 
and  I  beg  to  refer  to  his  foregoing  letter  describing  the  present  condition  of  the  vessels  ; 
but  little  progress  has  been  made  toward  their  completion  since  my  report  of  the  17th. 
It  has  not  been  found  possible  to  obtain  any  information  as  to  the  probable  date  fixed 
for  the  departure  of  the  vessels,  though  the  one  nearest  completion  could  be  got  ready 
for  sea  in  a  few  days,  if  necessary. 


BRITISH    CASE    AND    PAPERS.         '  395 

Due  watch  shall  be  kept  on  the  vessels,  and  any  information  obtained  shall  be  imme- 
diately communicated  to  the  board. 
I  have,  &c, 
(Signed)  W.  G.  STEWART, 

Assistant  Collector. 


No.  33. 

Mr.  Arbuthnot  to  Mr.  Hammond. 

Treasury  Chambers, 
August  29,  1863.     (Eeceived  August  31.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Eussell,  the  inclosed  copies  of  a  letter  and 
accompanying  papers  which  their  lordships  have  received  from  the 
commissioners  of  customs  further  relating  to  the  iron-clad  vessel  fitting 
at  Liverpool,  as  has  been  suspected,  for  the  service  of  the  Confederate 
States  of  North  America. 
I  am,  &c, 
(Signed)  .  G.  AEBUTHNOT. 


[In closure  1  in  No.  33.  J 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  August  29,  1863. 
Sir  :  With  reference  to  the  order  of  the  lords  commissioners  of  her  Majesty's  treasury- 
dated  the  25th  instant,  and  to  my  letter  of  the  27th  following,  on  the  subject  of  the 
iron-clad  vessels  now  in  course  of  construction  in  Messrs.  Laird's  yard  at  Birkenhead, 
I  am  desired  to  transmit)  to  you,  for  the  information  of  their  lordships,  and  for  such 
direction  as  they  may  see  fit  to  give,  the  accompanying  copy  of  a  report  from  the 

assistant  collector  of  this  revenue  at  Liverpool,  together  with  copy  of  a  letter 
[341]  from  *the  United  States  consul  inclosed  therein,  requesting  that  steps  may  he 

taken  to  prevent  one  of  the  vessels  in  question  from  sailing.    . 

I  am,  «&c, 

(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No  33.] 

Mr.  Stewart  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  August  28,  1863. 
Honorable  Sirs  :  The  American  consul,  Mr.  Dudley,  called  on  me  this  afternoon, 
and  made  verbally  the  annexed  statement,  which  at  my  request  he  put  in  writing,  and 
I  now  transmit  the  same  for  the  information  of  the  board.  \ 

I  may  observe  he  is  correct  in  saying  one  of  the  turrets  is  shipped,  but  it  still  requires 
much  to  be  done  to  it ;  the  other  turret  is  not  yet  so  far  finished  as  to  be  ready  for 
shipment,  and  though  it  is  possible  the  vessel  might  be  got  ready  for  sea  in  a  few  hours 
for  a  trial-trip,  she  would,  as  far  as  the  turrets  are  concerned,  be  in  a  very  unfinished 
state,  and  in  any  case  she  could  not  be  got  out  of  dock  to-night,  and  Mr.  Morgan,  sur 
veyor,  who  has  inspected  her  this  afternoon,  says  there  is  not  the  slightest  appearance 
of  her  being  got  ready  for  sea. 
Respectfully,  &c, 
(Signed)  W.  Gl  STEWART, 

Assistant  Collector. 


oBO  TREATY    OF    WASHINGTON. 

flu  closure  3  in  No.  33.1 

Mr.  Dudley  to  Mr.  Edwards. 

United  States  Consulate, 

Liverpool,  August  28,  1863. 
Sir:  Referring  to  the  application  which  I  made  to  you  to  stop  the  iron-clad  ram 
building  by  the  Messrs.  Laird  for  the  confederates,,  and  which  was  launched  from  their 
yard  on  the  4th  July  last,  I  now  have  to  report  to  you  that  she  took  in  one  of  her  tur- 
rets yesterday,  and  I  am  informed  that  she  can  be  made  ready  for  sea  in  a  very  few 
hours.     I  am  further  informed  that  it  is  the  intention  of  the  Lairds  to  run  her  out  to 
sea  either  to-night  or  to-morrow  night.    I  hope  you  will  take  such  steps  as  may  be  nec- 
essary to  detain  her  from  sailing. 
I  am,  &c, 
(Signed)  ,  THOMAS  H.  DUDLEY. 


No.  34. 

Mr.  Colquhoun  to  Earl  Russell. 

[Telegraphic] 

Alexandria,  August  31,  1863.     (Received  August  31.) 
I  understand  that  the  viceroy  has  positively  refused  to  accept  the  iron 
ships,  and  they  remain  on  M.  Bravay's  hands. 


JSo.  oo. 

Mr.  Arbuthnot  to  Mr.  Hammond. 

Treasury  Chambers, 
August  31, 18G3.    (Received  August  31.) 
Sir  :  With  reference  to  previous  correspondence  on  the  subject  of  the 
iron-clad  vessels  fitting  at  Liverpool,  as  has  been  suspected,  for  the 
service  of  the  Confederate  States  of  North  America,  I  am  commanded 
by  the   lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to 
you,  for  the  information  of  Earl  Russell,  the  inclosed  copies  of  two  let- 
ters of  this  day's  date  from  the  commissioners  of  customs,  with  copies 
of  the  accompanying  papers  relating  to  this  matter. 
I  am,  &c, 
(Signed)  G.  ARBUTHNOT. 


[  342  ]  *  [Inclosure  1  in  No.  35.  ] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  August  31, 1863. 
Sir  :  With  reference  to  the  previous  correspondence  which  has  taken  place  on  the 
subject  of  the  iron-clad  vessels  now  in  course  of  construction  at  Messrs.  Laird's  yard, 
Birkenhead,  I  am  desired  hy  the  board  to  transmit  to  you,  for  the  information  of  the 
lords  commissioners  of  Her  Majesty's  treasury,  the  accompanying  copies  of  further 
reports  which  the  board  have  received  from  the  assistant  collector  and  Mr.  Morgan, 
surveyor  at  Liverpool,  dated  the  29th  instant,  in  regard  to  the  vessels  in  question. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


BRITISH    CASE    AND    PAPERS.  397 

[Inclosure  2  in  DSTo.  35.] 
Mr.  Morgan  to  Mr.  Edwards. 

Liverpool,  August  29,  18C3. 

Sir  :  Referring  to  the  two  iron-plated  vessels  in  course  of  construction  at  Messrs. 
Laird's  yard,  I  have  to  report  that  the  second  has  been  launched  this  morning;  two  or. 
three  months  are  expected  to  elapse  before  she  will  be  ready  for  sea. 

The  fact  of  the  other  vessel  being  so  nearly  ready  for  sea,  while  the  turrets,  one  of 
which  will  not  be  ready  for  putting  on  board  for  several  days,  (perhaps  a  fortnight,) 
appears  to  have  given  rise  to  the  suspicion  that  it  is  intended  to  take  her  out  to  sea, 
and  transship  the  now  unfinished  turret  from  some  vessel  employed  to  convey  it  to  her 
in  a  few  days ;  but  if  it  were  generally  known  that  each  of  those  turrets  weighs,  in 
their  incomplete  state,  between  40  and  50  tons,  that  suspicion  would  not  be  enter- 
tained. 

In  a  familiar  conversation  which  I  had  the  pleasure  of  holding  with  the  Messrs.  Laird 
yesterday,  I  referred  to  the  suspicion  which  I  have  named,  and  the  many  rumors  that 
are  afloat  concerning  those  vessels,  when  I  was  informed  by  those  gentlemen  that 
their  object  in  getting  the  first  ready  for  sea  was  to  test  the  soundness  of  the  principle 
upon  which  she  is  built,  by  taking  her  out  to  sea  on  the  approach  of  the  channel  fleet, 
and  placing  her  in  competition  with  others  of  her  class  composing  that  fleet. 

I  further  beg  to  state  that  I  ventured  inquiringly  to  refer  to  the  ownership  of 
those  two  vessels,  and  although  those  gentlemen  maintained  their  usual  reserve  upon 
that  point,  yet  they  placed  me  in  a  position  to  state  my  belief  that,  if  the  government 
are  not  in  possession  of  the  names  of  the  owners,  the  Messrs.  Laird  would  readily 
furnish  such  information  upon  an  official  application  in  writing  being  made  to  them 
for  it. 

They  remarked  that  they  were  not  in  a  position  to  volunteer  such  information,  and, 
further,  that  the  owners  were  about  to  make  application  to  the  government  for  permis- 
sion to  ship  the  armament  on  board  the  two  iron-clad  vessels  referred  to  previous  to 
their  finally  leaving  this  port. 

I  need  not  remark  that  the  word  of  Messrs.  Laird  is  above  suspicion,  and  I  have 
to  thank  them  for  the  frankness  with  which  they  have  invariably  met  all  my  official 
inquiries. 

Respectfully  submitted. 

(Signed)  ■  E.  MORGAN,  Surveyor. 


[Inclosure  3  in  T$o.  35.] 

Mr.  Stewart  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  August  29,  1863. 
Honorable  Sirs  :  With  reference  to  your  order  of  the  25th  instant,  I  beg  to  trans- 
mit the  aforegoing  report  of  Mr.  Morgan,  of  the  launch  this  day  of  the  second  iron-clad 
vessel  now  being  built  in  Messrs.  Laird's  yard,  and  further  stating  the  substance  of  a 
conversation  which  he  had  with  those  gentlemen.     I  may  add  that  the  only  foreign 
flag  flying  from  the  launch  was  that  of  France. 
Respectfully,  &c, 
(Signed)  W.  G.  STEWART, 

Assistant  Collector. 


[3431  r*Inclosure  4  in  Xo.  35.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  August  31,  1863. 
Sir:  With  reference  to  the  previous  correspondence  which  has  taken  place  on  the 
subject  of  the  two  iron-clad  vessels  now  in  course  of  construction  in  Messrs.  Laird's 
yard,  Birkenhead,  I  am  desired  by  the  board  to  transmit  to  you,  for  the  information  of 
the  lords  commissioners  of  Her  Majesty's  treasury,  and  for  such  directions  as  their  lord- 
ships may  see  fit  to  give,  the  accompanying  copy  of  an  affidavit  made  by  C.  Prentis  in 
regard  to  the  warlike  character  of  the  vessels  in  question,  which  has  been  forwarded  to 
the  board  by  the  assistant  collector  at  Liverpool,  at  the  request  of  the  American  consul 
at  that  place;  and  to  observe  that  the  affidavit  would  appear  to  have  no  reference 
either  to  the  ownership  or  destination  of  the  vessels. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


398  TREATY    OF   WASHINGTON. 

[In closure  5  in  No.  35.] 

Affidavit  by  Charles  Prentis. 

I,  Charles  Prentis,  of  New  London,  Connecticut,  at  present  in  Liverpool,  formerly  a 
master  mariner,  and  now  a  merchant  in  business  at  New  London  aforesaid,  make  oath 
and  say  as  follows : 

1 .  I  was  formerly  for  ten  years  master  of  merchant-vessels  and  also  of  whaling- vessels, 
and  I  have  seen  and  examined  many  vessels  of  war,  both  of  wood  and  iron ;  I  have  also 
examined  the  construction  of  the  several  iron-clad  vessels  of  war  lately  built  by  the 
United  States  Government. 

2.  On  the  28th  day  of  the  present  month  of  August  I  visited  the  yards  of  Messrs. 
Laird  Brothers,  at  Birkenhead,  and  inspected  two  iron-clad  vessels  in  course  of  con- 
struction there.  One  of  the  vessels  is  in  the  wet-dock,  and  has  three  masts,  the  fore 
and  main  mast  being  square  rigged;  she  has  a  round  overhanging  stern,  and  is  pro- 
pelled by  a  screw ;  her  bow  is  wedge-shaped ;  the  cutwater  is  almost  perpendicular 
nearly  down  to  the  water-line,  where  it  curves  outward  so  as  to  form  a  large  project- 
ing ram  under  water.  She  has  also,  about  midships,  a  turret  capable  of  carrying  a 
very  large  gun.  I  verily  believe  that  the  said  vessel  is  an  iron-clad  war-vessel  of  the 
most  formidable  character,  armed  with  a  ram  or  piercer  constructed  for  the  express 
purpose  of  sinking  and  destroying  other  vessels. 

3.  The  said  vessel  lastly  before-mentioned  appeared  to  be  in  such  a  state  of  prepara- 
tion that,  in  my  opinion,  she  could  be  sent  out  to  sea  at  a  few  hours'  notice. 

4.  The  other  of  the  said  two  iron-clad  vessels  was  on  the  ways ;  she  is  finished 
from  the  keehto  the  upper  deck,  and  her  bulwarks  are  partly  erected.  She  resembled 
the  other  of  the  said  vessels  which  was  in  the  wet-dock  in  size  and  construction,  so  far 
as  I  could  judge  from  looking  at  her  on  the  ways,  and  she  was  armed  with  a  similar 
ram  or  piercer  on  her  stem.  I  have  no  doubt  whatever  that  she  is  also  intended  for  an 
iron-clad  vessel  of  war. 

(Signed)  •  CHARLES  PRENTIS. 

Sworn  at  Liverpool,  this  29th  August,  1863,  before  me. 

(Signed)  W.  G.  STEWART, 

Assistant  Collector  Customs,  Liverpool. 


No.  36. 

Mr.  Layard  to  Mr.  Hamilton} 

Foreign  Office,  September  1, 1803. 
Sir:  I  am  directed  by  Earl  Eussell  to  request  that  you  will  state  to 

the  lords  commissioners  of  Her  Majesty's  treasury  that  so  much  suspi- 
cion attaches  to  the  iron-clad  vessels  at  Birkenhead  that,  if  suffi- 

[344]    cient  evidence  can  be  obtained  to  lead  to  the  belief  *that  they  are 
intended  for  the  Confederate  States  of  America,  Lord  Eussell 

thinks  the  vessels  ought  to  be  detained  until  further  examination  can 

be  made. 

I  have,  &c, 

(Signed)  A.  H.  LAYARD. 


Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  September  1, 1863. 
Sir  :  You  have  already  been  informed  that  the  depositions  inclosed  in 
your  letters  of  the  11th,  16th,  and  25th  of  July,  and  the  14th  ultimo,  rel- 
ative to  the  iron-clad  vessels  in  course  of  construction  at  Messrs.  Laird's 

1 A  similar  letter  was  presented  to  the  home  office. 


BRITISH    CASE    AND     PAPERS.  399 

yard  at  Birkenhead,  had  been  forwarded  to  the  proper  departments  of 
Her  Majesty's  government,  in  order  that  such  steps  might  be  adopted  as 
could  legally  and  properly  be  taken.  And  I  have  now  the  honor  to  com- 
municate to  you  the  result  of  the  inquiries  which  have  been  instituted. 

In  the  first  place,  Her  Majesty's  government  are  advised  that  the  in- 
formation contained  in  the  depositions  is  in  great  measure  mere  hearsay 
evidence,  and  generally  that  it  is  not  such  as  to  show  the  intent  or  pur- 
pose necessary  to  make  the  building  or  fitting  out  of  these  vessels  illegal 
under  the  foreign-enlistment  act. 

Secondly.  It  has  been  stated  to  Her  Majesty's  government,  at  one 
time,  that  these  vessels  have  been  built  for  Frenchmen,  and  at  another 
that  they  belonged  to  the  Viceroy  of  Egypt,  and  that  they  were  not  in- 
tended for  the  so-called  Confederate  States. 

It  is  true  that,  in  your  letter  of  the  25th  of  July,  you  maintain  that 
this  statement  as  regards  French  ownership  is  a  pretense,  but  the  in- 
quiries set  on  foot  by  her  Majesty's  government  have  failed  to  show  that 
it  is  without  foundation.  Whatever  suspicion  may  be  entertained  by 
the  United  States  consul  at  Liverpool,  as  to  the  ultimate  destination  of 
these  vessels,  the  fact  remains  that  M.  Bravay,  a  French  merchant  re- 
siding at  Paris,  who  is  represented  to  be  the  person  upon  whose  orders 
these  ships  have  been  built,  has  personally  appeared,  and  has  acted  in 
that  character  at  Liverpool.  There  is  no  legal  evidence  against  M. 
Bravay's  claim,  or  anything  to  affect  him  with  any  illegal  act  or  purpose; 
and  the  responsible  agent  of  the  customs  at  Liverpool  affirms  his  belief 
that  these  vessels  have  not  been  built  for  the  confederates. 

Under  these  circumstances,  and  having  regard  to  the  entire  insuffi- 
ciency of  the  depositions  to  prove  any  infraction  of  the  law,  Her  Majesty's 
government  are  advised  that  they  cannot  interfere  in  any  way  with  these 
vessels. 

I  can  only  assure  you  that  a  careful  watch  shall  continue  to  be  main- 
tained over  them ;  and  that  if  any  act  or  proceeding  contrary  to  the 
statute  can  be  shown  by  trustworthy  evidence  to  have  taken  xnace,  or 
if  any  trustworthy  person  will  furnish  Her  Majesty's  government  with 
such  declaration  as  may  suffice  to  justify  the  detention  of  the  vessels  till 
further  inquiry  can  be  made,  I  will  apply  to  the  treasury  to  prevent  the 
departure  of  these  vessels  till  such  further  inquiry  can  be  made. 

But  I  am  sure  you  will  be  disposed,  injustice  to  Her  Majesty's  gov- 
ernment, to  admit  that,  in  the  absence  of  all  evidence,  upon  mere  hear 
say,  surmise,  conversation,  and  conjecture,  Her  Majesty's  government 
could  not  properly  direct  a  prosecution  or  action  under  the  foreign-en- 
listment act.  A  court  of  justice  would  never  condemn  in  the  absence  of 
evidence,  and  the  government  would  be  justly  blamed  for  acting  in 
defiance  of  the  principles  of  law  and  justice,  long  recognized  and  estab- 
lished in  this  country. 

I  feel  the  more  convinced  that  such  will  be  your  opinion  as  Mr.  Seward, 
in  answering  a  note  of  Lord  Lyons  respecting  a  supposed  plan  of  issuing 
letters  of  marque  in  behalf  of  the  Japanese  government,  says:  "Prose- 
cutions, however,  cannot,  it  is  presumed,  be  set  on  foot  without  affida- 
vits of  credible  witnesses,  as  in  other  cases  of  imputed  misdemeanors 
and  crimes." 

Such  are,  in  fact,  the  principles  of  American  as  well  as  of  British  law. 
I  am,  &c, 
(Signed)  BUSSELL. 


400  TREATY    OF    WASHINGTON. 

[345]  *No.  38. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
September  2,  1863.    (Keceived  September  2.) 

Sir  :  With  reference  to  the  previous  correspondence  on  the  subject  of 
the  iron-clad  vessels  building  at  Birkenhead,  I  am  desired  by  the  lords 
commissioners  of  Her  Majesty's  treasury  to  transmit,  for  the  information 
of  Earl  Eussell,  the  inclosed  copy  of  a  letter,  of  this  day's  date,  from  the 
commissioners  of  customs,  together  with  the  copies  of  its  inclosures. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  38. J 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  September  2,  1863. 
Sir  :  I  am  desired  by  the  board  of  customs  to  transmit  to  you,  for  such  directions  as 
the  lords  commissioners  of  Her  Majesty's  treasury  may  be  pleased  to  give  thereon,  the 
inclosed  affidavit  and  affirmation  respecting  the  iron-clad  vessels  fitting  at  Birkenhead, 
the  subject  of  their  lordship's  order  of  the  25th  ultimo,  and  my  letters  of  the  27th  and 
31st  following,  together  with  an  application  from  the  American  consul  at  Liverpool  of 
yesterday's  date,  requesting  that  one  of  the  vessels  which  was  launched  from  the  yard 
of  Messrs.  Laird  on  the  29th  ultimo  may  be  seized  and  detained. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  38.] 
Affirmation  of  Thomas  Haines  Dudley. 

I,  Thomas  Haines  Dudley,  of  3  Wellesley  Terrace,  Prince's  Park,  Liverpool,  in  the 
county  of  Lancaster,  esquire,  do  solemnly,  sincerely,  and  truly  affirm  and  declare  that 
the  taking  of  any  oath  is,  according  to  my  religions  belief,  unlawful,  and  I  do  also 
solemnly,  sincerely  and  truly  affirm  and  declare  as  follows  : 

1.  I  am  the  consul  of  the  United  States  of  America  for  the  port  of  Liverpool  and  its 
dependencies. 

2.  I  say  that  there  is  now  and  for  some  time  past  has  been  a  war  carried  on  between  the 
Government  and  people  of  the  United  States  of  America  and  certain  persons  who  have 
rebelled  against  such  Government  and  pretended  to  set  up  and  assume  to  exercise  the 
powers  of  government,  styling  themselves  the  Confederate  States  of  America. 

3.  I  further  say  that,  to  the  best  of  my  knowledge,  information,  or  belief,  no  leave  or 
license  has  been  had  or  obtained  from  or  of  Her  Majesty  the  Queen,  under  her  sign- 
manual,  or  any  order  in  council,  or  any  proclamation  of  Her  said  Majesty,  or  otherwise 
or  at  all  authorizing  any  person  within  any  part  of  the  United  Kingdom  to  equip, 
furnish,  fit  out,  or  arm  ships  or  vessels  with  intent  or  in  order  that   such  ship  or 

(vessel  shall  be  employed  in  the  service  of  the  said  so-called  Confederate  States,  to  , 
i  cruise  or  commit  hostilities  against  the  Government  and  people  of  the  said  United  ' 
1  States  of  America,  and  that  Her  Majesty  is  not  now  at  war  with  the  said  United  States. 

4.  I  say  there  have  been  built  in  this  port  for  the  government  or  persons  assuming 
the  government  of  the  said  so-called  Confederate  States  two  vessels  of  war ;  one  of 
them,  namely,  the  Oreto,  now  called  the  Florida,  was  built  by  Messrs.  W.  C.  Miller  & 
Son,  of  Liverpool,  and  another,  the  Alabama,  by  Messrs.  Laird  &  Co.,  and  they  have  been 
employed  by  the  so-called  Confederate  States  against  the  Government  and  people  of  the 
United  States  of  America  in  the  war  that  is  now  going  on,  and  armaments  and  war-crews 

for  both  the  said  vessels  went  out  in  them,  or  were  sent  out  from  England  to 
[346]   meet  the  ships  abroad,  and  were  then  placed  on  board  them.  (_  On  *the  4th  day 

of  July  last  another  vessel,  built  by  the  said  Messrs.  Laird  &  Co.,aud  intended  for 
an  iron-clad  steam-ram,  and,  as  this  deponent  verily  believes,  built  and  intended  for  a 
vessel  of  war,  was  launched  by  them  from  their  ship-building  yard  at  Birkenhead. 

5.  On  the  29th  day  of  August  last  another  vessel,  built  by  the   said  Messrs  Laird  & 


BRITISH    CASE    AND    PAPERS.  401 

Co.,  and  intended  for  an  iron-clad  steam-ram,  and,  as  I  verily  believe,  for  a  war-vessel, 
was  launched  by  them  from  their  ship-buildiug  yard  at  Birkenhead. 

6.  The  said  vessels  mentioned  in  the  4th  and  5th  paragraphs  of  this  affirmation  re- 
spectively are  now  lying  at  Birkenhead  aforesaid. 

7.  I  say  that  I  have  read  the  affidavits  of  George  Temple  Chapman,  sworn  on  the 
29th  day  of  June  last ;  of  Clarence  Randolph  Yonge,  sworn  on  the  6th  day  of  April 
last ;  of  William  Hay  den  Russell  and  Joseph  Ellis,  sworn  on  the  7th  day  of  July 
last ;  of  Joseph  Brady,  sworn  on  the  11th  day  of  July  last ;  of  Austin  Joseph 
Hand,  sworn  on  the  15th  day  of  July  last ;  of  Thomas  Sweeney,  sworn  on  the  11th  day 
of  August  last ;  of  Joseph  Ellis,  sworn  on  the  1st  day  of  September  instant ;  and 
Charles    Prentis,   sworn    on    the    29th    day    of  August  last ;    and   I  say  that  from 

r  the  facts  there  spoken  to,  and  from  the  facts  and  circumstances  aforesaid,  I  verily 
■  believe  and  say  that  the  said  vessels  above  mentioned  as  having  been  launched  on  the 
4th  day  of  July  last  and  on  the  29th  day  of  August  last,  respectively,  are  being  equipped, 
armed,  and  fitted  out  with  intent  and  in  order  that  said  vessels  shall  be  employed  in 
the  service  of  the  said  persons  setting  up  to  exercise  the  powers  of  government,  and 
called  the  Confederate  States  of  America,  and  with  intent  to  cruise  and  commit  hostili- 
ties against  the  Government  and  citizens  of  the  United  States  of  America. 

(Signed)  THOMAS  H.  DUDLEY. 

Affirmed  at  the  custom-house,  Liverpool,  in  the  county  of  Lancaster,  the  1st  day  of 
September,  1863,  before  me, 

(Signed)  W.  G.  STEWART, 

Assistant  Collector. 


[Inclosure  3  in  Xo.  38.1 
Deposition  of  Joseph  Ellis. 

I,  Joseph  Ellis,  of  No.  161  Athol  street,  in  Liverpool,  in  the  county  of  Lancaster,  ship- 
wright, make  oath  and  say  as  follows  : 

1.  I  am  well  acquainted  with  the  construction  of  irou-plated  vessels  of  war,  having 
assisted  to  build  vessels  of  that  description. 

2.  I  was  present  in  the  ship-building  yard  of  Messrs.  Laird  &  Co.,  at  Birkenhead,  on 
Saturday,  the  29th  day  of  August,  1863,  when  an  iron-plated  vessel  lately  built  by  them 
was  launched. 

3.  The  launch  took  place  about  11  o'clock  in  the  morning,  and  before  the  vessel  went 
off  the  ways  I  had  an  opportunity  of  seeing  her  perfectly  well,  from  the  keel  upward. 

4.  The  vessel  in  question  is  a  screw-steamer,  somewhat  over  200  feet  long,  as  well  as 
I  could  judge,  and  of  great  strength,  and  covered  with  iron  plates  from  stem  to  stern. 
The  said  vessel  would  have  about  40  feet  of  beam  amidships,  and  she  has  a  space  at 
the  stern,  and  another  space  at  the  bows,  both  of  which  are  covered  in  and  protected 
by  strong  iron  plating. 

5.  The  said  vessel  is  armed  with  a  very  formidable  ram,  or  piercer,  which  is  made  of 
iron  or  steel,  and  projects,  as  well  as  I  could  judge,  about  5  feet  from  the  stem.  The 
said  ram  or  piercer  was  nearly  submerged  when  the  said  vessel  was  afloat  after  being 
launched,  and  when  the  vsssel  is  in  sea-going  trim  the  ram  will  be  quite  under  the 
water.  The  said  rannvas  of  great  strength,  and  I  am  satisfied  that  it  is  intended  to  be 
used  for  destroying  other  vessels.  It  was  similar  in  appearance  to  the  rams  which  I 
have  seen  on  other  iron-clad  vessels  of  war. 

6.  The  said  vessel's  bulwarks  were  not  completed. 

7.  I  was  at  Messrs.  Laird  &  Co.'s  yard  aforesaid  on  the  4th  day  of  July  last,  when 
another  iron-clad  vessel,  armed  with  a  similar  ram  or  piercer,  was  launched  from  the 
ways  on  the  north  side  of  the  ways  from  which  the  iron-clad  vessel  mentioned  in  the 
preceding  paragraphs  of  this  affidavit  was  launched  on  Saturday  last.  The  said 
vessels  were,  as  far  as  I  could  judge,  sister  ships,  and  similarly  constructed  in  all  ma- 
terial respects.     On  the  said  4th  day  of  July  last  one  of  the  said  Messrs.  Laird  & 

[347]  *Co.'s  workmen  showed  me  one  of  the  iron  plates  prepared  to  be  used  on  the 
said  vessel  launched  on  Saturday  last ;  such  plate  was  about  4^-  inches  in  thick- 
ness. 

8.  On  the  said  4th  day  of  July  last  I  examined  the  said  vessel  which  was  launched 
on  Saturday  last,  and  I  saw  that  she  was  prepared  to  receive  two  circular  turrets,  such 
as  would  be  used  for  carrying  turret-guns.  On  the  same  day  I  saw  in  Messrs.  Laird  & 
Co.'s  yard  the  frames  of  two  turrets  such  as  would  be  used  for  carrying  guns  on  board 
such  a  vessel.  On  Saturday  last  I  saw  in  Messrs.  Laird  &  Co.'s  yard  two  turrets  of  the 
same  description,  but  in  a  more  advanced  state,  both  of  them  being  partially  plated 
with  iron. 

9.  The  said  vessel  which  was  launched  on  Saturday  last  was  built  on  and  launched 
from  the  slip  which  is  at  the  south  end  of  Messrs.  Laird  &,  Co.'s  yard,  adjoining  Birken- 

H.  Ex.  282,  vol.  ii 26 


402  TREATY    OF    WASHINGTON. 

head  Ferry.  The  other  vessel  above  mentioned,  which  was  launched  on  the  4th  day 
of  July  last,  was  built  on  and  launched  from  the  adjoining  slip,  on  the  north  side  of 
the  slip  firstly  mentioned  in  this  paragraph.  The  said  vessels  were,  in  fact,  built  side 
by  side. 

10.  The  said  ship  which  was  launched  on  the  4th  day  of  July  last  was  on  Saturday 
last  lying  afloat  in  a  wet  dock  in  Messrs.  Laird  &  Co.'s  yard,  and  I  endeavored  to  get 
to  the  dock  to  see  her ;  I  was,  however,  stopped  by  some  of  Messrs.  Laird  &  Co.'s 
men.  I  told  them  I  wanted  to  go  to  look  at  the  vessel  lying  in  the  wet-dock,  but  they 
told  me  that  their  orders  from  headquarters  were  not  to  allow  any  one  pass  to  see  that 
vessel. 

11.  The  said  vessel  was  launched  on  Saturday  last  as  aforesaid,  and  the  said  vessel 
launched  on  the  4th  day  of  July  last  as  aforesaid  are,  beyond  all  doubt,  intended  /or 
iron-clad  vessels  of  war,  and  not  for  any  other  purpose  whatever. 

(Signed)  JOSEPH  ELLIS. 

Sworn  at  the  custom-house  at  Liverpool,  in  the  county  of  Lancaster,  the  1st  day  oi 
September,  1863,  before  me, 

(Signed)  W.  G.  STEWART, 

Assistant  Collector. 


[Inclosure  4  in  No.  38.] 

r 

Mr.  Dudley  to  Mr.  Edwards. 

September  1, 1863. 

I,  the  undersigned  Thomas  Haines  Dudley,  consul  of  the  United  States  of  America 
for  the  port  of  Liverpool  and  its  dependencies,  do  hereby  apply  to  you  on  behalf  of  the 
Government  of  the  United  States  of  America,  to  seize  and  detain  an  iron-clad  steam- 
vessel  of  war  launched  from  the  yard  of  Messrs.  Laird  &  Co.,  at  Birkenhead,  on  the 
29th  day  of  August  last,  and  now  lying  at  Birkenhead  aforesaid,  with  her  tackle,  ap- 
parel, and  furniture,  with  all  the  materials,  arms,  ammunition,  and  stores  which  may 
belong  to  or  be  on  board  of  the  said  vessel,  pursuant  to  the  power  given  to  you  in  that 
behalf  by  the  seventh  section  of  the  act  of  Parliament#59  Geo.  Ill,  cap.  69,  on  the 
ground  that  such  vessel  is  being  equipped,  furnished,  fitted  out,  and  armed  in  order 
that  such  vessel  shall  be  employed  in  the  service  of  the  persons  assuming  to  exercise 
the  power  of  government,  and  called  the  Confederate  States  of  America,  and  with  the 
intent  to  cruise  and  commit  hostilities  against  the  Government  and  citizens  of  the 
United  States  of  America,  with  which  Government  Her  Majesty  the  Queen  is  not  now 
at  war. 

(Signed)  THOMAS  H.  DUDLEY. 


No.  39. 
Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
September  3,  1863.     (Eeceived  September  3.) 
Sir  :  With  reference  to  previous  correspondence  relating  to  the  iron- 
clad vessels  fitting  at  Liverpool,  as  has  been  suspected,  for  the  service 
of  the  Confederate  States  of  North  America,  I  am  commanded  by  the 
lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you,  for 
the  information  of  Earl  Eussell,  the  inclosed  copies  of  a  letter 
[348]    from  *the  commissioners  of  customs,  of  this  day's  date,  and  of 
its  inclosures,  further  relating  to  this  matter. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


rinclosure  1  in  ZSTo.  39.1 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  London,  September  3,  1863. 
Sir  :  With  reference  to  my  letter  of  yesterday's  date.  I  am  now  directed  to  transmit 
to  you,  for  such  directions  as  the  lords  commissioners  of  Her  Majesty's  treasury  may 


BRITISH    CASE    AND     PAPERS.  403 

see  fit  to  give  thereon,  an  affidavit  of  Thomas  Sweeney  respecting  one  of  the  iron-clad 
vessels  fitting  at  Birkenhead,  with  a  letter  from  Messrs.  Duncans,  Squarey,  and  Black- 
more,  of  Liverpool,  dated  the  2d  instant,  urging,  on  behalf  of  the  United  States  Gov- 
ernment, the  immediate  detention  of  the  said  vessels. 

I  am,  &c, 

(Signed)  .  F.  G.  GARDNER. 


flnclosure  2  in  ~No.  39.] 
Messrs.  Duncans,  Squarey  fy  Blaclcmore  to  Mr.  Edwards. 

10  Water  Street,  Liverpool,  September  2,  1863. 
Sir  :  We  beg  to  hand  you  herewith  another  affidavit-  by  Thomas  Sweeney  in  refer- 
ence to  the  iron-clad  ram  launched  by  Messrs.  Laird  &  Co.  on  the  4th  of  July  last,  from 
which  we  submit  it  appears  clearly  that  there  is  the  greatest  risk  that  the  vessel  may 
go  to  sea  at  any  time.     On  behalf  of  the  United  States  Government  we  beg  respectfully 
to  urge  upon  you,  in  the  strongest  manner,  the  importance  of  taking  immediate  steps 
for  the  detention  of  the  vessel  in  question. 
We  are,  &c, 
(Signed)  '    DUNCANS,  SQUAREY  &  BLACKMORE. 


flnclosure  3  in  No.  39  J 

Deposition  of  Thomas  Sweeney. 

I,  Thomas  Sweeney,  of  No.  57  Crosby  street,  Liverpool,  deck-plainer,  make  oath  and 
say  as  follows : 

1.  I  was  in  the  ship-building  yard  of  Messrs.  Laird  Brothers,  at  Birkenhead,  on  Fri- 
day last,  the  28th  day  of  August  last,  at  about  3  o'clock  p.  m.,  and  I  then  saw  in  one 
of  the  graving  or  dry  docks  in  the  said  yard  the  iron-clad  ram  referred  to  in  the  affida- 
vit sworn  by  me  on  the  11th  day  of  August  last,  before  the  deputy  assistant  collector 
of  customs  at  Liverpool,  as  having  been  launched  on  the  4th  day  of  July  last,  and 
known  as  No.  294. 

2.  When  I  saw  the  said  vessel  on  Friday  last,  as  above  mentioned,  the  forward  tur- 
ret had  been  put  into  the  place  prepared  for  it  on  board  the  said  vessel  a  few  feet  aft 
of  the  foremast,  and  the  other  turret,  intended  for  the  after  part  of  the  said  vessel, 
was  on  the  quay  alongside  of  the  dock  in  which  the  vessel  was  lying,  in  a  position 
from  which  it  might  be  lifted  at  once  and  placed  on  board  the  said  vessel  by  the 
crane.  The  vessel  has  her  masts  in,  and  her  rigging,  so  far  as  I  could  judge,  is  com- 
pleted. She  had  no  sails  bent,  but  as  her  engines  and  machinery  were  all  in  order,  and 
her  funnel  up,  she  is  in  a  position  to  get  up  steam  and  go  to  sea  at  any  time. 

3.  The  graving-dock  in  which  the  said  vessel  lies  has  direct  communication  with  the 
river  Mersey,  from  which  it  is  separated  by  a  caisson,  so  that  the  water  can  be  let  in 
at  any  time  with  the  flood  by  removing  the  caisson. 

(Signed)  THOS.  SWEENEY. 

Sworn  at  the  custom-house,  Liverpool,  this  2d  day  of  September,  1863,  before  me, 
(Signed)  W.  G.  STEWART, 

Assistant  Collector. 


[349]  *jSo.  40. 

Mr.  Layard  to  Mr.  Hamilton. 

Foreign  Office,  September  3, 1863. 
Sir  :  I  am  directed  by  Earl  Eussell  to  request  that  you  will  move  the 
lords  commissioners  of  Her  Majesty's  treasury  to  give  directions  to  the 
customs  authorities  at  Liverpool  to  stop  the  iron-clad  vessels  at  Messrs. 
Laird's  yard,  at  Birkenhead,  as  soon  as  there  is  reason  to  believe  that 
they  are  actually  about  to  put  to  sea,  and  to  detain  them  until  further 
orders. 

I  am,  &c, 

(Signed)  A.  H.  LAYAKD. 


404  TREATY    OF    WASHINGTON. 

No.  41. 
Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  September  3,  1863.     (Eeceiyed  September  3.) 

My  Lord  :  I  have  the  honor  to  transmit  copies  of  further  depositions 
relating  to  the  launching  and  other  preparations  of  the  second  of  the 
two  vessels  of  war  from  the  yard  of  Messrs.  Laird,  at  Birkenhead,  con- 
cerning which  it  has  already  been  my  disagreeable  duty  to  make  most 
serious  representations  to  Her  Majesty's  government. 

I  believe. there  is  not  any  reasonable . ground  for  doubt  that  these 
vessels,  if  permitted  to  leave  the  port  of  Liverpool,  will  be  at  once  de- 
voted to  the  object  of  carrying  on  war  against  the  United  States  of 
America. 

I  have  taken  the  necessary  measures  in  the  proper  quarters  to  ascer- 
tain the  truth  of  the  respective  statements  current  here  that  they  are 
intended  for  the  use  of  the  government  of  France  or  for  the  Pasha  of 
Egypt,  and  have  found  both  without  foundation.  At  this  moment 
neither  of  these  powers  appear  to  have  occasion  to  use  concealment  or 
equivocation  in  regard  to  its  intentions,  had  it  any,  in  obtaining  such 
ships. 

In  the  notes  which  I  had  the  honor  to  address  to  your  lordship  on  the 
11th  of  July  and  14th  of  August,  I  believe  I  stated  the  importance 
attached  by  my  Government  to  the  decision  involved  in  this  case  with 
sufficient  distinctness.  Since  that  date  I  have  had  the  opportunity  to 
receive  from  the  United  States  a  full  approbation  of  its  contents.  At 
the  same  time  I  feel  it  my  painful  duty  to  make  known  to  your  lordship 
that  in  some  respects  it  has  fallen  short  in  expressing  the  earnestness 
with  which  I  have  been  in  the  interval  directed  to  describe  the  grave 
nature  of  the  situation  in  which  both  countries  must  be  placed  in  the 
event  of  an  act  of  aggression  committed  against  the  Government  and 
people  of  the  United  States  by  either  of  these  formidable  vessels. 
I  pray,  &c, 
(Signed)  OHAELES  FBANCIS  ADAMS. 


[Tnclosure  1  in  No.  41.  J 

Mr.  Dudley  to  Mr.  Edwards,  September  1,  1863. 

[See  inclosure  4  in  No.  38.] 


[Inclosure  2  in  No  41.] 
Affirmation  of  Thomas  Haines  Dudley. 
[See  Inclosure  2  in  No.  38.] 


[Inclosure  3  in  No.  41.  J 
Deposition  of  Joseph  Ellis. 
[See  inclosure  3  in  No.  38.] 


BRITISH    CASE    AND    PAPERS.  405 


350]  [Enclosure  4  in  No.  41.1 

Deposition  of  Charles  Prentis. 
[See  inclosure  5  in  No.  35.] 


No.  42. 
Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers 


September  4,  1863.  (Beceived  September  4.) 
Sir  :  With  reference  to  previous  correspondence  on  the  subject  of  the 
iron-clad  vessels  fitting  at  Liverpool,  as  has  been  suspected,  for  the  ser- 
vice of  the  Confederate  States  of  North  America,  I  am  commanded  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Eussell,  the  inclosed  copies  of  a  letter  and 
accompanying  papers  which  have  been  received  from  the  commissioners 
of  customs  further  relating  to  this  matter. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 

[Inclosure  1  in  No.  42.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  September  4, 1863. 
Sir  :  Referring  to  my  letter  of  yesterday's  date  and  former  correspondence  respect- 
ing the  iron-clad  vessels  fitting  at  Birkenhead,  I  am  desired  to  transmit  to  you  the 
inclosed  copy  of  a  letter  from  the  collector  at  Liverpool,  dated  the  3d  instant,  with 
the  letter  from  the  United  States  consul  therein  referred  to,  stating  that  one  of  the 
vessels  is  taking  coal  on  hoard,  and  may  go  to  sea  at  any  time. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  42.] 

Mr.  Edivards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  September  3,  1863. 
Honorable  Sir:  Having  received  the  letter  annexed  from  the  American  consul, 
Mr.  Dudley,  I  heg  to  lay  the  same  hefore  the  board,  observing  that  the  vessel  alluded 
to  is  one  of  those  mentioned  in  your  order  of  the  26th  ultimo.     The  letter  having  been 
handed  in  at  so  late  an  hour,  I  have  no  means  of  satisfying  myself  to-day  that  the 
consul's  allegations  are  well  founded. 
Respectfully.  &c, 
(Signed)  S.  PRICE  EDWARDS,  Collector. 


[Inclosure  3  in  No.  42.] 

Mr.  Dudley  to  Mr.  Edwards. 

United  States  Consulate, 

Liverpool,  September  3,  1863. 
Sir  :  Referring  to  my  application  made  to  you  so  long  since  as  the  7th  day  of  July 
last,  to  detain  a  steam  iron-clad  ram  built  by  Messrs.  Laird  for  the  confederates,  and 
launched  on  the  4th  of  July  last,  I  have  now  to  inform  you  that  intelligence,  on  which 
I  place  full  reliance,  has  reached  me  that  the  vessel  is  taking  coal  on  board,  and  I 
apprehend  that  she  may  go  to  sea  at  any  time  unless  detained. 
I  am,  &c, 
(Signed)  THOS.  H.  DUDLEY. 


406  TREATY    OF   WASHINGTON. 

[351J  *No.  43. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  September  4,  1863.  (Keceived  September  4.) 
My  Lord  :  I  have  the  honor  to  transmit  copies  of  several  papers 
transmitted  to  me  by  Mr.  Dudley,  the  consul  of  the  United  States  at 
Liverpool,  relating  to  the  preparation  for  immediate  departure  of  the 
steam- vessel  fitting  out  at  that  place  for  the  purpose  of  carrying  on  war 
against  the  Government  and  people  of  the  United  States. 

Begging  your  lordship's  permission  here  to  record,  in  the  name  of  my 
Government,  this  last  solemn  protest  against  the  commission  of  such  an 
act  of  hostility  against  a  friendly  nation,  I  pray,  &c. 

(Signed)  CHARLES  FEAKOIS  ADAMS. 


[Inclosure  1  in  No.  43.J 

Mr.  Dudley  to  Mr.  Edwards,  September  3, 1863. 

[See  inclosure  3  in  No.  42.] 


[Inclosure  2  in  No.  43. 

Messrs.  Duncans,  Squarey  $•  Blackmore  to  Mr.  Edwards,  September  2, 1863. 
[See  inclosure  2  in  No.  39.] 


[Inclosure  3  in  No.  43.] 

Deposition  of  Thomas  Sweeney. 

[See  inclosure  2  in  No.  39.] 


No.  44. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  September  4, 1863. 
Sm:  With  reference  to  your  letter  of  yesterday's  date,  with  respect 
to  the  iron-clad  steam-rams  from  Messrs.  Laird's  yard,  at  Birkenhead, 
as  well  as  with  reference  to  previous  letters  from  you  on  the  same  sub- 
ject, I  have  to  inform  you  that  the  matter  is  under  the  serious  and 
anxious  consideration  of  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  KUSSELL. 


BRITISH    CASE    AND    PAPERS.  407 

No.  45. 

Mr.  Layard  to  Mr.  Hamilton. 

Foreign  Office,  September  4,  1863. 
Sir:  With  reference  to  the  inquiries  which  are  being  made,  under  the 
direction  of  the  solicitor  to  the  treasury,  respecting  the  iron-clads  at 
Messrs.  Laird's  yard,  at  Birkenhead,  I  am  directed  by  Earl  Russell  to 
request  that  you  will  move  the  board  of  treasury  to  inform  their  solici- 
tor that  it  is  considered  of  great  importance  that  an  endeavor  should  be 
made  to  ascertain  from  the  crews  who  may  be  engaged  to  serve  on 
board  those  vessels,  all  particulars  as  to  their  engagement,  and  more 
especially  as  to  the  destination  of  the  vessels,  and  to  obtain  any  other 
evidence  which  may  tend  to  prove  the  ownership  and  destination  of  the 
iron-clads. 

I  am,  &c, 

(Signed)  A.  H.  LAYARD. 


[352]  *No.  46. 

Mr.  Layard  to  Messrs.  Laird  Brothers. 

*  Foreign  Office,  September  4,  1863. 

Gentlemen:  Earl  Russell  has  been  led  to  understand  that  you  have 
intimated  that,  while  you  are  not  in  a  position  to  volunteer  information 
respecting  the  iron-clad  vessels  lately  launched  and  now  being  fitted  at 
your  yard,  you  would  readily  furnish  information  upon  an  official  appli- 
cation in  writing  being  made  to  you  for  it. 

Under  these  circumstances  Earl  Russell  has  instructed  me  to  request 
you  to  inform  him,  with  as  little  delay  as  possible,  on  whose  account 
and  with  what  destination  these  vessels  have  been  built. 
I  am,  &c, 
(Signed)  A.  H.  LAYARD. 


No.  47. 

Mr.  Waddington  to  Mr.  Layard. 

Whitehall,  September  4, 1863.  (Received  September  5.) 
Sir  :  I  have  laid  before  Secretary  Sir  George  Grey  your  letter  of  the 
1st  instant,  stating  that  so  much  suspicion  attaches  to  the  iron-clad  ves- 
sels at  Birkenhead  that,  if  sufficient  evidence  can  be  obtained  to  lead  to 
the  belief  that  they  are  intended  for  the  Confederate  States  of  America, 
his  lordship  thinks  the  vessels  ought  to  be  detained  until  further  exam- 
ination can  be  made;  and  I  am  to  acquaint  you,  for  his  lordship's 
information,  that  Sir  George  Grey  entirely  concurs  in  this  view  of  the 
matter.  The  only  difficulty  arises  from  the  circumstance  that  the  facts 
which  have  as  yet  been  stated  to  be  capable  of  proof  in  a  court  of  law 
did  not,  in  the  opinion  of  the  law-officers  of  the  Crown,  afford  sufficient 
legal  evidence  that  these  vessels  are  intended  for  the  Confederate  States. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


408  TREATY    OF    WASHINGTON. 

No.  48. 

Mr.  Layard  to  the  secretary  to  the  treasury. 

Foreign  Office,  September  5,  1863. 
.  Sir:  With  reference  to  my  letters  of  the  1st  and  3d  instant,  respect- 
ing the  ironclads  at  Messrs.1  Laird's  yard  at  Birkenhead,  I  am  directed 
by  Earl  Eussell  to  request  that  you  will  move  the  lords  commissioners 
of  the  treasury  to  desire  that  those  vessels  may  be  prevented  from  leav- 
ing the  port  of  Liverpool  until  satisfactory  evidence  can  be  given  as  to 
their  destination,  or,  at  all  events,,  until  the  inquiries  which  are  now 
being  prosecuted  with  a  view  to  obtain  §uch  evidence  shall  have  been 
brought  to  a  conclusion.  Lord  Eussell  does  not  wish  to  stop  the  build- 
ing or  fitting  of  the  iron-clads,  but  to  prevent  their  going  out  for  trial 
or  on  any  other  pretext $  and  his  lordship  requests  that  the  commission- 
ers of  customs  may  be  informed  that  Her  Majesty's  government  will  be 
responsible  for  any  damages  that  may  be  awarded  in  consequence. 

I  have,  &c, 

(Signed)  A.  H.  LAYARD. 


No.  49. 

Mr.  Adams  to  Earl  Russell.  * 

Legation  of  the  United  States, 
London,  September  5,  1863.     (Received  September  5.) 
My  Lord  :  At  this  moment,  when  one  of  the  iron-clad  war  vessels  is  on 
the  point  of  departure  from  this  kingdom,  on  its  hostile  errand  against 
the  United  States,  I  am  honored  with  the  reply  of  your  lordship  to  my 
notes  of  the  11th,  16th,  and  25th  of  July,  and  of  the  14th  of  August.    I 
trust  I  need  not  express  how  profound  is  my  regret  at  the  con- 
[353]    elusion  *to  which  Her  Majesty's  government  have  arrived.    lean 
regard  it  no  otherwise  than  as  practically  opening  to  the  insur- 
gents free  liberty  in  this  kingdom  to  execute  a  policy  described  in  one 
of  their  late  publications  in  the  following  language : 

In  the  present  state  of  the  harbor-defenses  of  New  York,  Boston,  Portland,  and 
smaller  northern  cities,  such  a  vessel  as  the  Warrior  would  have  little  difficulty  in 
entering  any  of  those  ports,  and  inflicting  a  vital  blow  upon  the  enemy.  The  destruc- 
tion of  Boston  alone  would  be  worth  a  hundred  victories  in  the  field.  It  would  bring 
such  a  terror  to  the  blue-noses  as  to  cause  them  to  wish  eagerly  for  peace,  despite  their 
overweening  love  of  gain,  which  has  been  so  freely  administered  to  since  the  opening 
of  this  war.  Vessels  of  the  Warrior  class  would  promptly  raise  the  blockade  of  our 
ports,  and  would,  even  in  this  respect,  confer  advantages  which  would  soon  repay  the 
cost  of  their  construction. 

It  would  be  superfluous  in  me  to  point  out  to  your  lordship  that  this 
is  war.  No  matter  what  may  be  the  theory  adopted  of  neutrality  in  a 
struggle,  when  this  process  is  carried  on  in  the  manner  indicated  from  a 
territory  and  with  the  aid  of  the  subjects  of  a  third  party,  that  third 
party,  to  all  intents  and  purposes,  ceases  to  be  neutral.  Neither  is  it 
necessary  to  show  that  any  government  which  suffers  it  to  be  done  fails 
in  enforcing  the  essential  conditions  of  international  amity  toward  the 
country  against  whom  the  hostility  is  directed.  In  my  belief  it  is  im- 
possible that  any  nation  retaining  a  proper  degree  of  self-respect  could 
tamely  submit  to  a  continuance  of  relations  so  utterly  deficient  in  recip- 
rocity.   I  have  no  idea  that  Great  Britain  would  do  so  for  a  moment. 


BRITISH    CASE    AND    PAPERS.  409 

After  a  careful  examination  of  the  full  instructions  with  which  I  have 
been  furnished  in  preparation  for  such  an  emergency,  I  deem  it  inexpe- 
dient for  me  to  attempt  any  recurrence  to  arguments  for  effective  inter- 
position in  the  present  case.  The  fatal  objection  of  impotency  which 
paralyzes  Her  Majesty's  government  seems  to  present  an  insuperable 
barrier  against  all  further  reasoning.  Under  these  circumstances  I 
prefer  to  desist  from  communicating  to  your  lordship  even  such 
further  portions  of  my  existing  instructions  as  are  suited  to  the  case, 
lest  I  should  contribute  to  aggravate  difficulties  already  far  too  serious. 
I  therefore  content  myself  with  informing  your  lordship  that  I  transmit 
by  the  present  steamer  a  copy  of  your  note  for  the  consideration  of  my 
Government,  and  shall  await  the  more  specific  directions  that  will  be 
contained  in  the  reply. 

I  seize  this  opportunity  to  pray  permission  of  your  lordship  to  cor- 
rect a  clerical  error  inadvertently  made  in  my  note  of  the  3d  instant, 
in  inserting  the  dates  of  two  notes  of  mine  as  having  received  the  ex- 
press approbation  of  my  Government.  The  intention  was  to  specify 
only  one,  that  of  the  11th  of  July.  The  correction  is  not  material, 
excepting  as  it  conforms  more  strictly  to  the  truth. 
I  pray,  &c, 
(Signed)  CHABLES  FKANCIS  ADAMS. 


No.  50. 
Mr.  Golqulioun  to  Earl  Russell. 

Alexandria,  August  28,  1863.     (Eeceived  September  5.) 

My  Lord:  With  reference  to  my  dispatch  of  y ester / ay's  date,  I 
have  ascertained  the  following  to  be  the  state  of  matters  between  the 
Viceroy  and  M.  Bravay.  I  had  alluded  to  this  gentleman's  claims 
against  the  Egyptian  government  in  my  letter  of  26th  February. 

M.  Bravay  resolved  to  push  his  claims  for  certain  commissions  alleged 
to  have  been  given  to  him  verbally  by  the  late  Said  Pasha,  arrived 
here  some  time  ago,  and,  having  met  with  a  positive  refusal  on  the  part 
of  the  present  Viceroy,  proceeded  to  Paris,  where,  having  ascertained 
that  he  would  be  supported  by  the  French  agent,  he  caused  a  large 
quantity  of  money  to  be  coined,  and  returned  here  a  few  weeks  ago 
with  some  millions  of  francs  bearing  the  imprint  of  Said  Pasha.  His 
other  claims  were  for  a  couple  of  iron-clad  vessels  which  he  declared 
were  on  the  stocks  in  builders'  hands,  (he  did  not  say  where,)  and  a  large 
quantity  of  unbleached  linen  for  clothing  the  Egyptian  army ;  of  this 
latter  he  has  also  in  the  custom-house  a  very  large  quantity. 

Last  week  he  proceeded  up  to  Cairo ;  saw  the  Viceroy  several  times ; 
dined  with  him :  and  a  few  days  ago  it  was  announced  that  M.  Bravay's 

affairs  were  definitively  settled. 
[354]         *I  saw  M.  Bravay  yesterday;  he  entered  unhesitatingly  on  the 
subject,  and  gave  me  the  following  detail  of  what  had  taken  place. 

After  offering  to  produce  his  books  to  prove  to  the  Viceroy  that,  in 
the  numerous  transactions  in  which  he  had  been  engaged  with  Said 
Pasha,  only  in  one  single  instance  (and  that  where  he  had  a  partner) 
had  the  transaction  been  put  to  paper ;  that,  therefore,  there  was  no 
reason  why  any  writing  should  now  have  passed ;'  furthermore,  he  said, 
that,  with  regard  to  the  striking  money,  it  was  a  thing  of  public  noto- 


410  TREATY    OF    WASHINGTON. 

riety,  as  was  also  the  contract  for  the  cloth ;  that  the  orders  were  given 
for  the  two  iron-clads  when  Said  Pasha  was  last  in  France ;  that  he  had 
been  promised  support  in  advancing  his  demands  from  Paris ;  that  he 
was  unwilling  to  push  matters  to  extremities ;  that  he  was  open  to  an 
equitable  arrangement,  &c. ;  and  in  fact  he  succeeded  in  concluding  a 
transaction  of  which,  the  following  is  the  substance  : 

He  is  to  take  back  to  Paris  the  coin  he  has  now  here;  he  is  to  substi- 
tute the  Sultan's  cipher  (or  tourah)  for  that  of  the  late  Said;  he  is  to 
coin  about  fifty  millions  of  gold  and  silver,  in  coins  equivalent  to  the 
sovereign  and  half-sovereign  in  gold,  English  standard ;  silver,  in  coins 
of  20,  10,  and  5  piastres  ;  and  about  three  millions  of  copper.  He  told 
me  he  netted  by  this  transaction  £50,000.  (I  believe  the  benefit  to  be 
nearly  £75,000.)  For  this  he  abandons  ail  claim  on  the  Egyptian  gov- 
ernment of  any  kind  whatever,  and  has  signed  a  document  to  that  effect. 

Ismail  Pasha  was  firm  in*  declining  to  have  anything  to  do  with  the 
iron-clads;  when  urged  by  Bravay  that  they  were  already  on  the 
stocks,  and  that  he  had  actually  paid  a  large  sum  on  account,  appealing 
to  IsmaiPs  justice,  the  Viceroy  persisted  in  his  refusal,  but  said,  "  Send 
me  out  the  plans,  and  I  will  see  if  I  can  recommend  them  to  the  Turk- 
ish government,  the  Sultan  being  now  anxious  to  increase  his  navy." 

M.  Bravay  understands  clearly  that  he  has  nothing  to  expect  from 
the  Egyptian  government,  and,  as  he  repeated  to  me,  that  if  the  Vice- 
roy succeeds  With  his  recommendation  to  the  Turkish  government,  it 
would  be  well,  but  if  not  he  must  make  the  best  terms  he  can  with  his 
contractors,  who,  he  told  me,  were  Messrs.  Laird,  of  Birkenhead. 

With  regard  to  the  cloth,  the  Viceroy  equally  refused  it;  and  M. 
Bravay  said  he  would  dispose  of  it  as  best  he  could. 

The  preceding  I  had  from  M.  Bravay  himself,  and  I  have  no  reason  to 
doubt  the  truth  of  it. 

He  is  a  singular  person,  with  a  thorough  knowledge  of  the  country, 
from  the  rulers  of  which  he  has  managed  to  extract  an  enormous  for- 
tune ;  he  is  frequently  in  difficulties,  his  ready  money  going  to  create 
friends  in  high  places,  not  in  Egypt  only.  By  the  purchase  of  a  large 
property  in,  I  believe,  the  department  of  the  Drome,  he  has  succeeded 
in  getting  himself  elected  deputy,  and  may  yet  be  a  useful  man  in  the 
chamber.  He  has  always  been  hostile  to  the  Suez  Canal,  and  quar- 
reled seriously  with  the  late  Viceroy  when  he  found  he  had  allowed 
himself  to  be  inveigled  into  becoming  so  deeply  involved  in  the  scheme. 

(Signed)  ROBERT  G.  COLQUHOUK 


No.  51. 

Earl  Cowley  to  Earl  Russell. 

Paris,  September  6,  1863.  (Received  September  7.) 
My  Lord  :  It  appears  that  the  United  States  minister,  Mr.  Dayton, 
has  more  than  once  spoken  to  M.  Drouyn  de  Lhuys  on  the  subject  of 
the  two  iron-clad  ships  building  at  Birkenhead,  and  said  to  have  been 
ordered  by  a  French  subject,  which  have  been  the  subject  lately  of  some 
inquiries  on  the  part  of  your  lordship.  M.  Drouyn.de  Lhuys  has  dis- 
claimed having  any  knowledge  of  this  matter,  but  has  expressed  the 
belief  that  they  are  destined  for  the  Pasha  of  Egypt.     He  has  written 


BRITISH    CASE    AND    PAPERS.  411 

to  the  French  consul-general  at  Alexandria  to  make  inquiries  upon  the 
subject. 

With  regard  to  the  apprehension  shown  by  Mr.  Dayton  lest  these 
ships  should  be  allowed  to  leave  England  under  the  French  flag,  M. 
Drouyn  de  Lhuys  has  observed  that  the  French  flag  cannot  be  legitimately 
made  use  of,  unless  the  ship  bearing  it  shall  have  been  previously  made 
French. 

%      I  have,  &c, 

(Signed)  COWLEY. 


[355]  *No.  52. 

Messrs.  Laird  Brothers  to  Mr.  Layard. 

Birkenhead  Iron- Works, 
Birkenhead,  September  5,  1863.     (Eeceived  September  7.) 

Sir  :  We  have  received  your  letter  of  the  4th  instant,  stating  that 
Lord  Eussell  has  instructed  you  to  request  us  to  inform  him,  with  as 
little  delay  as  possible,  on  whose  account  and  with  what  destination  we 
have  built  the  iron-clad  vessels  recently  launched  and  now  in  course  of 
completion  at  our  works. 

In  reply  we  beg  to  say  that  although  it  is  not  usual  for  ship-builders 
to  declare  the  names  of  parties  for  whom  they  are  building  vessels  until 
the  vessels  are  completed  and  the  owners  have  taken  possession,  yet, 
in  this -particular  case,  in  consequence  of  the  many  rumors  afloat,  coupled 
with  the  repeated  visits  of  Mr.  Morgan,  the  surveyor  of  customs,  to  our 
works,  we  thought  it  right  to  ask  permission  of  the  parties  on  whose 
account  we  are  building  the  vessels,  to  give  their  names  to  the  English 
government,  in  the  event  of  such  information  being  asked  for  officially 
in  writing.    They  at  once  granted  us  the  permission  we  sought  for. 

We  therefore  beg  to  inform  you  that  the  firm  on  whose  account  we 
are  building  the  vessels  is  A.  Bravay  &  Co.,  and  that  their  address  is 
ISTo.  6  rue  de  Londres,  Paris,  and  that  our  engagement  is  to  deliver  the 
vessels  to  them  in  the  port  of  Liverpool  when  they  are  completed 
according  to  our  contract. 

The  time  in  which  we  expect  to  have  the  first  vessel  so  completed  is 
not  less  than  one  month  from  this  date,  and  the  second  vessel  not  less 
than  six  or  seven  weeks  from  this  date.    „ 
We  are,  &c, 
(Signed)  .  LAIED  BEOS. 


No.  53. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  September  8, 1863. 
Lord  Eussell  presents  his  compliments  to  Mr.  Adams,  and  has  the 
honor  to  inform  him  that  instructions  have  been  issued  which  will  pre- 
vent the  departure  of  the  two  iron-clad  vessels  from  Liverpool. 


412  TREATY    OF    WASHINGTON. 

BTo.  54. 

Mr.  Layard  to  Mr.  Hamilton. 

Foreign  Office,  September  9, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you,  for  the  informa- 
tion of  the  lords  commissioners  of  Her  Majesty's  treasury,  a  copy  of  a 
letter  which  his  lordship  has  received  from  Messrs.  Laird  relative  to  the 
ownership  and  destination  of  the  ironclad  vessels  now  lying  at  Birken- 
head. 1 
I  inclose  a  copy  of  a  dispatch  from  Earl  Cowley  on  the  subject. 2 
I  am,  &c, 
(Signed)  A.  H.  LAYAED. 


No.  55. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
'  September  9,  1863.     (Received  September  10.) 
My  Lord  :  I  have  the  honor  to  acknowledge  the  reception  of  your 
lordship's    note  of  yesterday,  announcing  the  determination  of   Her 
Majesty's  government  to  prevent  the  departure  of  the  war- vessels  now 
fitting  out  at  Liverpool.     I  shall  take  great  pleasure  in  transmitting  a 
copy  for  the  information  of  my  Government. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[356]  *No.  56. 

Mr.  Hamilton  to  Mr.  Layard. 

Treasury  Chambers, 
September  10,  1863.     (Received  September  10.) 
Sir  :  I  am  desired  by  the  lords  commissioners  of  Her  Majesty's  trea- 
sury to  transmit  herewith,  for  the  information  of  Earl  Russell,  copy  of 
a  letter  from  the  commissioners  of  customs  of  this  day's  date,  and  of 
its  inclosures,  respecting  the  iron-clad  vessels  building  at  Birkenhead  ; 
and,  with  reference  to  your  letter  of  the  5th  instant,  in  which  it  was 
stated  to  be  Lord  Russell's  wish  that  these  vessels  should  be  prevented 
from  going  out  for  trial,  or  on  any  other  pretext,  I  am  to  request  that 
my  lords  may  be  informed  whether  any  alteration  in  the  instructions 
given  to  the  customs  in  accordance  with  that  letter  is  now  to  be  made. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

iNo.52.  3  No.  51. 


BRITISH    CASE    AND    PAPERS.  413 

[Inclosure  1  in  No.  56.] 

Mr,  Gardner  to  Mr.  Hamilton. 

Custom-House,  September  10, 1863. 
Sir  :  With  reference  to  an  order  of  the  lords  commissioners  of  Her  Majesty's  treasury, 
dated  the  5th  instant,  inclosing  a  copy  of  a  letter  from  the  foreign  office  signifying 
the  desire  of  Earl  Russell  that  the  iron-clad  vessels  fitting  on  the  premises  of  Messrs. 
Laird,  at  Birkenhead,  may  he  prevented  from  going  out  for  trial,  or  on  any  other  pre- 
text, I  am  directed  to  transmit  to  you,  for  the  consideration  and  directions  of  their 
lordships,  the  inclosed  copy  of  a  report  from  the  collector  of  this  revenue  at  Liverpool, 
dated  the  9th  instant,  with  a  copy  of  the  letter  from  Messrs.  Laird  therein  referred  to, 
intimating  their  intention  to  take  one  of  the  vessels  from  the  graving-dock  for  a  trial 
trip  on  Monday  next. 

I  have,  &c, 

(Signed)  E.  G.  GARDNER. 


[Inclosure  2  in  jSo.  56.] 
Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  September  9,  1863. 

Honorable  Sirs  :  In  submitting  the  accompanying  application  from  Messrs.  Laird, 
praying  to  he  allowed  to  take  out  of  the  graving-dock  at  Birkenhead  one  of  the  iron- 
clad ships  alluded  to  in  a  letter  from  the  foreign  office,  dated  the  5th  instant,  which 
accompanied  your  honors'  order  of  the  same  date,  I  have  to  observe  that  I  am  fnlly 
persuaded  the  Messrs.  Laird  have  no  intention  of  taking  away  the  ship,  but  will  bring 
her  back  into  the  port  to  be  finished. 

On  reference  to  the  foreign-office  letter,  it  will  be  seen  that  the  ships  are  not  to  be 
allowed  to  go  to  sea  on  trial;  but  it  is  to  be  remarked  that  the  order  was  issued  before 
Earl  Russell's  application  to  the  builders  to  know  who  the  owners  are,  and  before  I 
received  the  guarantee  of  the  builders  that  the  ships  shall  not  go  to  sea  without  previ- 
ous notice  being  given  to  me,  so  that  I  may  have  time  to  obtain  your  further  directions 
regarding  them. 

Under  these  circumstances  I  respectfully  request  that  1  may  be  informed  of  the 
board's  pleasure  on  the  request  to  remove  one  of  the  ships. 

(Signed)  S.  PRICE  EDWARDS. 


[Inclosure  3  in  ~No.  56. J 

Messrs.  Laird  Brothers  to  Mr.  Edwards. 

Birkenhead  Iron- Works,  Birkenhead,  September  8,  1863. 
Sir:  Referring  to  our  letter  to  you  of  the  4th  instant,  we  think  it  right  to  inform  you 
that  it  is  our  intention  to  take  one  of  the  iron-clads,  the  El  Tousson,  from  our 
[357]  *  graving-dock  for  a  trial-trip  on  Monday  next,  within  the  usual  limits  of  such 
trial-trips,  and  you  may  rely  on  our  bringing  the  vessel  into  the  Birkenhead  float 
when  the  trial  is  finished,  it  being  our  intention  to  complete  the  vessel  in  the  Birken- 
head float. 

This  trial  is  requisite  to  test  the  machinery  and  other  parts,  but  will  not  alter  the 
time  previously  stated  for  the  completion  of  the  vessel. 
We  remain,  &c, 
(Signed)  LAIRD  BROS. 


No.  57. 

Mr.   Welby  to  Mr.  Hammond. 

Treasury,  September  10,  1863.     (Eeceived  September  10.) 
Dear  Mr.  Hammond  :  Mr.  Hamilton  sent  me  over  to  Mr.  Layard 
yesterday,  to  show  him  a  private  note  addressed  by  Messrs.  Laird  to 


414  TEEATY   OF   WASHINGTON 

the  collector  of  customs  at  Liverpool  on  the  4th,  being  the  day  prior  to 
the  receipt  by  the  collector  at  Liverpool  of  our  private  orders  not  to  let 
the  ships  go. 
Mr.  Goulburn  forwarded  it  to  Mr.  Hamilton  for  his  information. 
Mr.  Layard  said  he  should  like  Lord  Eussell  to  see  a  copy  of  it. 
Mr.  Hamilton,  therefore,  desires  me  to  make  the  copy,  (herewith,)  and 
forward  it  to  you. 
I  am,  &c, 
(Signed)  E.  E.  WELBY. 


[Inclosure  in  No.  57.] 

Messrs,  Laird  Brothers  to  Mr.  Edwards. 

Birkenhead  Iron- Works, 

Birkenhead,  September  4,  1863. 
Sir  :  As  the  many  rumors  afloat  in  respect  to  the  two  iron  steam-rams  built  by  us, 
and  now  lyiug  in  our  dock,  have  induced  frequent  and  unusual  visits  of  Mr.  Morgan, 
the  surveyor  of  customs,  to  our  works,  we  are  desirous  of  saving  you  any  further  un- 
necessary trouble  about  these  vessels,  by  giving  you  our  promise  that  they  shall  not 
leave  the  port  without  your  having  a  week's  notice  of  our  intention  to  deliver  them 
over  to  the  owners,  and  we  shall  inform  the  owners  of  this  engagement  on  our  part. 

We  may  add  that  thcfirst  vessel  will  not  be  ready  for  a  month,  and  the  second  for 
six  or  seven  weeks  from  this  date. 
We  are,  &c, 
(Signed)  LAIRD  BROS. 


No.  58. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  September  11,  1863. 
Sir  :  With  reference  to  your  letter  of  yesterday's  date,  respecting  the 
application  of  Messrs.  Laird  to  be  allowed  to  take  out  on  a  trial-trip  one 
of  the  iron-clad  steamers  now  building  by  them  at  Liverpool,  and  whose 
detention  was  requested  in  Mr.  Layard's  letters  of  the  3d  and  5th  of 
September,  I  am  directed  by  Earl  Eussell  to  request  that  you  will  move 
the  lords  commissioners  of  Her  Majesty's  treasury  to  have  the  good- 
ness to  inform  him  what  security  is  to  be  had  against  the  escape  of  the 
vessel  if  the  permission  sought  for  should  be  granted. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[358]  *No.  59. 

Mr.  Hamilton  to  Mr.  Layard. 

Treasury  Chambers, 
September  11,  1863.    (Received  September  11.) 
Sir  :  With  reference  to  the  previous  correspondence  respecting  the 
iron-clad|vessels  building  at  Birkenhead,  I  am  desired  by  the  lords  com- 
missioners of  Her  Majesty's  treasury  to  transmit  herewith,  for  the 
information  of  Earl  Eussell,  copy  of  a  letter  dated  the  10th  instant,  from 


BRITISH    CASE    AND    PAPERS.  415 

Messrs.  Laird  Brothers,  in  reply  to  a  letter  from  this  board  of  theA9th 
instant. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  in  No.  59.] 

Messrs.  Laird  Brothers  to  Mr.  Hamilton. 

Birkenhead  Iron-Works, 

Birkenhead,  September  10,  1863. 
Sir  :  We  are  in  receipt  of  your  letter  of  the  9th  instant,  informing  us  that  the  lords 
commissioners  of  Her  Majesty's  treasury  have  issued  orders  to  the  commissioners  of 
customs  that  the  two  iron-clad  steamers  now  in  course  of  construction  by  us  are  not  to 
be  permittted  to  leave  the  Mersey  until  satisfactory  evidence  can  be  given  of  their  des- 
tination. 

In  reply,  we  beg  to  inform  you  that  we  have  forwarded  a  copy  of  your  letter  to 
Messrs.  A.  Bravay  &  Co.,  at  No.  6  rue  de  Londres,  Paris,  on  whose  account  we  are 
building  the  vessels,  and  to  whom  we  beg  to  refer  you,  inasmuch  as  our  engagement 
with  them  is,  to  deliver  the  vessels  at  the  port  of  Liverpool  when  they  are  completed, 
according  to  our  contract. 

It  may  be  useful  to  the  lords  commissioners  of  Her  Majesty's  treasury  to  know  that 
the  time  in  which  we  expect  to  have  the  first  vessel  so  complete  is  not  less  than  one 
month  from  this  date,  and  the  second  vessel  not  less  than  six  or  seven  weeks  from  this 
date. 

We  are,  &c, 

(Signed)  LAIRD  BROS. 


No.  60. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  September  11,  1863. 

Sir  :  I  have  received  your  letter  of  the  5th  instant.  I  have  read  it 
with  great  regret. 

It  has  been  the  aim  of  the  government  of  Great  Britain  to  maintain 
a  strict  neutrality  between  the  parties  who  for  two  years  have  carried 
on  a  civil  war  of  unusual  extent  and  loss  of  life  on  the  continent  of 
North  America. 

Her  Majesty's  government  have  for  the  most  part  succeeded  in  this  im- 
partial course.  If  they  have  been  unable  to  prevent  some  violations  of 
neutrality  on  the  part  of  the  Queen's  subjects,  the  cause  has  been  that 
Great  Britain  is  a  country  which  is  governed  by  definite  laws,  and  is 
not  subject  to  arbitrary  will.  But  law,  as  you  are  well  aware,  is  enforced 
here,  as  in  the  United  States,  by  independent  courts  of  justice,  which 
will  not  admit  assertion  for  proof,  nor  conjecture  for  certainty. 

In  the  United  States,  as  in  England,  questions  of  this  nature  have 
been  discussed  by  judges  of  great  legal  ability,  whose  learning  and  im- 
partiality have  given  weight  and  authority  to  their  decisions  in  every 
part  of  the  civilized  world. 

Her  Majesty's  government  feel  confident  that  the  President  of  the 
United  States  will  be  disposed  rather  to  resort  to  those  great  expositors 
of  international  law,  and  to  be  guided  rather  by  a  careful  examination 
of  the  course  of  Her  Majesty's  government,  than  to  yield  to  the  hasty 
conclusions  and  prejudiced  imputations  of  public  clamor. 

For  instance,  in  the  case  still  pending  of  the  iron-clad  steam-rams  at 
Birkenhead,  Mr.  Seward,  with  his  knowledge  and  perspicuity  of  judg- 


416  TREATY    OF   WASHINGTON. 

ment,  cannot  fail  to  acknowledge  that  it  was  necessary  to  show, 
[359]    not  only  that  these  vessels  were  built  and  equipped  #for  purposes 
of  war,  but  also  that  they  were  intended  for  the  so-called  Con- 
federate States. 

With  a  view  to  complete  the  evidence  on  this  head,  it  was  material  to 
prove  that  the  iron-clads  were  not  intended  for  the  French  government 
or  for  the  Pasha  of  Egypt.  With  respect  to  the  French  government, 
Her  Majesty's  government  have  received,  upon  inquiry,  assurances 
through  Earl  Cowley  and  the  Marquis  of  Cadore  that  the  French  gov- 
ernment have  nothing  to  do  with  the  Birkenhead  iron-clads. 

With  respect  to  the  Egyptian  government,  it  was  only  on  the  5th 
instant  that  Her  Majesty's  government  received  a  dispatch  from  Mr. 
Colquhoun,  Her  Majesty's  consul-general  in  Egypt,  which  is  conclusive 
on  this  subject. 

Mr.  Colquhoun  reported  on  the  28th  August  that  M.  Bravay,  a 
French  subject  and  a  member  of  the  French  Chamber  of  Deputies,  had 
stated  to  Ismail  Pasha  very  lately  that  the  orders  for  the  two  iron-clads 
were  given  when  said  Pasha  was  last  in  Paris.  M.  Bravay  seems  to 
have  urged  Ismail  Pasha  to  fulfill  the  verbal  contract  of  his  predecessor 
by  purchasing  these  vessels,  for  which  he,  M.  Bravay,  had  paid,  as  he 
alleged,  a  large  sum  on  account.  But  Ismail  Pasha,  Mr.  Colquhoun 
adds,  refused  to  purchase  these  vessels. 

From  this  example  and  that  of  the  vessels  built  for  the  Emperor  of 
China,  whose  name  was  alleged  all  over  the  United  States  to  be  a  mere 
sham  to  cover  the  real  destination  of  the  vessels,  the  President  will 
gather  how  necessary  it  is  to  be  dispassionate  and  careful  in  inquiries 
and  statements  upon  subjects  involving  such  great  interests  and 
affecting  the  good  faith  and  character  of  a  power  so  honorable  as  Great 
Britain. 

These  matters  will  no  doubt  be  duly  and  dispassionately  considered 
by  the  Government  at  Washington,  however  they  may  have  been  under- 
stood in  London. 

I  deem  it  right,  however,  to  observe  that  the  question  at  issue 
between  yourself  and  Her  Majesty's  government  relates  to  two  separate 
and  distinct  matters:  the  several  international  duties  of  neutrality  and 
the  municipal  law  of  the  United  Kingdom.  With  regard  to  the  general 
duties  of  a  neutral,  according  to  international  law,  the  true  doctrine  has 
been  laid  down  repeatedly  by  Presidents  and  judges  of  eminence  of  the 
United  States,  and  that  doctrine  is,  that  a  neutral  may  sell  to  either  or 
both  of  two  belligerent  parties  any  implements  or,  munitions  of  war 
which  such  belligerent  may  wish  to  purchase  from  the  subjects  of  the 
neutral,  and  it  is  difficult  to  find  a  reason  why  a  ship  that  is  to  be  used 
for  warlike  purposes  is  more  an  instrument  or  implement  of  war  than 
cannon,  muskets,  swords,  bayonets,  gunpowder,  and  projectiles  to  be 
fired  from  cannon  and  muskets.  A  ship  or  musket  may  be  sold  to  one 
belligerent  or  the  other,  and  only  ceases  to  be  neutral  when  the  ship  is 
owned,  manned,  and  employed  in  war,  and  the  musket  is  held  by  a 
soldier  and  used  for  the  purpose  of  killing  his  enemy.  In  fact,  the  ship 
can  never  be  expected  to  decide  a  war  or  a  campaign,  whereas  the  other 
things  above  mentioned  may,  by  equipping  a  large  army,  enable  the 
belligerent  which  acquires  them  to  obtain  decisive  advantages  in  war. 
Then  again,  as  regards  the  employment  of  the  subjects  of  a  neutral  by 
either  belligerent,  it  is  obvious  that  even  if  the  whole  crew  of  a  ship 
of  war  were  composed  of  the  subjects  of  a  neutral,  that  crew  would  have 
less  influence  on  the  results  of  the  war  than  whole  regiments  and 
brigades  employed  on  land  and  composed  of  the  subjects  of  a  neutral 
State. 


BRITISH    CASE    AND    PAPERS.  417 

Now,  admitting  that  the  confederates  have  been  able  to  employ  some 
vessels  built  in  the  United  Kingdom,  in  spite  of  the  efforts  of  .Her 
Majesty's  government  to  prevent  it,  and  admitting  also  that  which  is 
believed  to  be  the  fact,  that  the  confederates  have  derived  a  limited  sup- 
ply of  arms  and  ammunition  from  the  United  Kingdom,  notwithstand- 
ing the  Federal  blockade  of  their  ports,  yet,  on  the  other  hand,  it  is  per- 
fectly notorious  that  the  Federal  Government  have  purchased  in  and 
obtained  from  the  United  Kingdom  a  far  greater  quantity  of  arms  and 
warlike  stores. 

As  far,  then,  as  regards  the  drawing  warlike  supplies  from  the 
United  Kingdom,  the  Federal  Government  has  done  in  that  respect  a 
great  deal  more  than  the  confederates  have  done,  and  if  in  contradic- 
tion to  the  doctrine  repeatedly  and  deliberately  promulgated  by  Presi- 
dents of  the  United  States,  the  furnishing  of  such  supplies  by  the  sub- 
jects of  a  neutral  to  one  belligerent  is,  as  you  would  seem  to  represent 
it,  an  act  of  war  against  the  other  belligerent,  the  United  Kingdom  of 
Great  Britain  must  be  deemed  to  be  at  war  with  both  the  contending 
parties  in  North  America,  but  to  have  given  greater  assistance  in  the 
war  to  the  Federals  than  to  the  confederates. 

But  if  the  question  with  regard  to  war  is  to  be  raised,  the  difference 
is  far  greater.  Even  admitting,  as  asserted  by  you — though  Her 
Majesty's  government  have  no  knowledge  of  the  fact — that  a  small 
number  of  British  subjects  have,  in  defiance  of  Her  Majesty's 
proclamation,  engaged  in  the  service,  either  by  sea  or  by  land,  of 
[360]  the  Confederates,  it  might  be  asked  whether  no  British  seamen 
are  now  employed  in  the  naval  service  of  the  United  States  Gov- 
ernment; at  all  events,  it  is  well  known  that  large  numbers  of  natural- 
born  subjects  of  Her  Majesty  have  fought  and  fallen  in  the  ranks  of  the 
Federal  armies,  and  it  is  confidently  asserted,  though  Her  Majesty's 
government  have  no  proof  of  the  fact,  that  agents  of  the  Federal  Gov- 
ernment are  employed  within  the  United  Kingdom  to  engage  subjects 
of  Her  Majesty  to  emigrate  to  the  United  States  with  a  view  of  engaging 
when  there  in  the  military  service  of  the  Federal  Government.  Her 
Majesty's  Government  would  fain  hope  that  such  reports  are  unfounded, 
because  such  a  proceeding  would  not  only  be  a  departure  from  inter- 
national comity,  inasmuch  as  it  would  be  tempting  British  subjects  to 
act  in- violation  of  Her  Majesty's  proclamation,  but  it  would  also  be  dia- 
metrically at  variance  with  the  doctrine  laid  down  by  the  President  of 
the  United  States  upon  a  similar  matter  in  1855,  during  the  war  between 
Great  Britain  and  Bussia. 

Upon  the  second  branch  of  this  subject,  namely,  the  question  how  far 
Her  Majesty's  government  have  enforced  the  municipal  law  of  the  United 
Kingdom,  commonly  called  the  "foreign- enlistment  act,"  Her  Majesty's 
government  can  only  repeat  that  they  have  taken  every  step  to  enforce 
that  law  which  by  legal  authority  they  have  been  advised  to  be  within 
their  competency,  and  Her  Majesty's  government  will,  from  a  due  regard 
to  their  own  good  faith  and  to  the  national  dignity  continue,  without 
regard  to  any  other  consideration,  to  pursue  the  same  course. 

Her  Majesty's  government  forbear  from  making  any  remarks  upon 
the  passage  which  is  quoted  by  you  from  some  confederate  newspaper, 
the  editor  of  which  tries  to  show  what  damage  the  Warrior  could  inflict 
upon  the  sea-board  of  the  Federal  States. 

Such  remarks  have  happily  no  bearing  upon  the  present  state  of 
things,  and  may  be  dismissed  without  comment. 

Her  Majesty's  government,  in  conclusion,  can  only  hope  that  the 
Government  at  Washington  may  take  a  calmer  and  more  dispassionate 
H.  Ex.  282,  vol.  ii 27 


418  TREATY    OF    WASHINGTON. 

view  of  these  matters  than  seems  to  be  inferred  from  your  note  ;  but  at 
all  events  Her  Majesty's  government  can  with  perfect  sincerity  assure 
you  that  it  is  their  earnest  desire  faithfully  to  perform  the  duties  of  neu- 
trality in  the  unhappy  conflict  which  now  devastates  so  large  a  portion 
of  the  States  of  North  America,  and  that  so  far  from  being  animated  by 
any  feelings  of  hostility  toward  either  of  the  contending  parties,  they 
would  deem  it  fortunate  and  honorable  to  Great  Britain  if  any  oppor- 
tunity should  occur  which  could  offer  to  Her  Majesty's  government  the 
slightest  chance  of  being  in  any  way  useful  in  promoting  the  establish- 
ment of  peace. 

I  have  to  add  that  instructions  have  been  issued  for  preventing  the 
departure  of  the  iron-clad  vessels  in  question  from  Liverpool  until  satis- 
factory evidence  can  be  given  as  to  their  destination,  or  at  all  events 
until  the  inquiries  which  are  now  being  prosecuted  with  a  view  to  obtain 
such  evidence  shall  have  been  brought  to  a  conclusion. 

I  am,  &c, 

(Signed)  EUSSELL. 


No.  61.    . 

Mr.  Hamilton  to  Mr.  Hammond, 

Treasury  Chambers, 
September  12,  1863.  (Received  September  12.) 
Sir:  With  reference  to  the  letter  from  this  board  of  the  10th  instant, 
respecting  the  proposed  trial-trip  of  one  of  the  iron-clad  vessels  building 
in  Messrs.  Laird's  yard  at  Birkenhead,  I  am  desired  by  the  lords  commis- 
sioners of  Her  Majesty's  treasury  to  transmit,  for  the  information  of 
Earl  Bussell,  copy  of  a  report  from  the  commissioners  of  customs  of  this 
day's  date,  and  I  am  to  request  that  his  lordship  will  favor  my  lords 
with  his  opinion  as  to  whether  or  not  permission  shall  be  granted  to  the 
Messrs.  Laird  to  make  the  trial  of  the  iron-clad  El  Tousson  on  Monday, 
as  proposed. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[361]  '  "[Inclosure  in  No.  61.] 

The  commissioners  of  customs  to  the  lords  commissioners  of  the  treasury. 

Custom-House,  September  12, 1863. 

Your  lordships  having  referred  to  us  the  annexed  letter  from  Mr.  Hammond,  advert- 
ing to  the  application  of  Messrs.  Laird  to  be  allowed  to  take  out  on  a  trial-trip  one  of 
the  iron-clad  steamers  now  building  by  them  at  Liverpool,  the  detention  of  which  was 
requested  by  Mr.  Layard's  letters  of  the  3d  and  5th  instant,  and  signifying  the  request 
of  Earl  Russell  to  be  informed  what  security  is  to  be  had  against  the  escape  of  the 
vessel  if  the  permission  sought  should  be  granted,  we  report — 

That  there  would  not  appear  to  be  sufficient  time  to  obtain  security  by  bond  for  re- 
turn of  the  vessel,  even  if  your  lordships  thought,  with  reference  to  the  express  promise 
given  in  the  letter  of  Messrs.  Laird,  (forwarded  to  your  lordships  in  our  secretary's 
letter  dated  the  10th  instant,)  that  such  a  course  was  necessary. 

That,  should  there  be  any  intention  to  take  the  vessel  away,  no  force  of  the  custom- 
house officers  on  board  could  prevent  it. 

That,  on  the  receipt  of  your  lordships'  present  reference,  and  having  in  view  the  ex- 
pressions made  use  of  by  our  collector  at  Liverpool  in  his  report  on  the  5th  instant,  to 
the  effect  that  he  was  fully  persuaded  that  Messrs.  Laird  have  no  intention  of  taking 
away  the  ship,  but  will  bring  her  back  into  the  port  to  be  finished,  we  forwarded  a 


BRITISH    CASE    AND    PAPERS.  419 

telegraphic  message  to  him  to  the  following  effect,  viz  :  "If  the  iron-clad  is  allowed  to 
go  on  a  trial-trip  on  Monday,  will  you  be  responsible  for  her  return  to  dock  ? "  In 
reply,  the  collector  has  transmitted  to  us  the  following  answer :  "  I  will  willingly  be 
answerable  for  the  return  of  the  vessel  after  the  trial-trip."  And  we  now  take  leave 
to  submit  to  your  lordships  that  no  better  security  could  be  obtained  than  the  collec- 
tor's answer  to  our  telegram,  coupled  with  the  promise  given  by  Messrs.  Laird  in  their 
letter  before  referred  to,  which  it  appears  to  us  could,  not  be  broken  without  a  for- 
feiture of  the  commercial  character  of  the  firm,  and  Mr.  Laird's  position  in  society  as  a 
member  of  Parliament. 

With  these  remarks,  we  leave  the  matter  for  your  lordships'  consideration  and  de- 
cision. 

(Signed)  J.  GOULBURN. 

R.  W.  GREY. 


No.  62. 
Mr.  Hammond  to  Air.  Hamilton. 

Foreign  Office,  September  13, 1863. 

Sir  :  I  have  laid  before  Earl  Eussell  your  letters  of  the  10th  and  12th 
instant,  respecting  an  application  which  has  been  made  by  Messrs. 
Laird  that  they  may  be  allowed  to  send  one  of  the  ironclads  now  build- 
ing at  Liverpool  on  a  trial-trip. 

You  were  informed  by  Mr.  Layard's  letter  of  the  5th  instant,  that 
Lord  Eussell  did  not  wish*  to  stop  the  building  or  fitting  of  the  iron- 
clads, but  to  prevent  their  going  out  on  trial,  or  on  any  other  pretext ; 
but  his  lordship  having  considered  the  statements  in  your  letters  of  the 
10th  and  12th  instant,  and  their  inclosures,  is  willing  so  far  to  modify 
his  former  decision  as  to  allow  the  trial-trip  to  be  made  by  the  vessel 
referred  to  in  your  letters,  his  lordship  relying  on  the  honorable  en- 
gagement which  has  been  given  in  writing  by  Messrs.  Laird  that  the 
ship  shall,  after  the  usual  trial- trip,  be  brought  back  again  to  Liver- 
pool, and  shall  not  leave  that  port  without  a  week's  notice  to  Her 
Majesty's  government  of  the  intention  to  send  her  away. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[362]  *No.  63. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers,  September  16, 1863. 

(Eeceived  September  16.) 
Sir  :  With  reference  to  the  previous  correspondence  on  the  subject 
of  the  iron-clad  vessels  building  at  Birkenhead,  I  am  desired  by  the 
lords  commissioners  of  Her  Majesty's  treasury  to  transmit  herewith,  for 
the  information  of  Earl  Eussell,  copy  of  a  letter  of  yesterday's  date 
from  their  lordship's^  solicitor,  and  of  its  inclosure  from  Messrs.  Towns- 
end  and  Jackson,  dated  Birkenhead,  the  14th  instant. 
1  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


420  TREATY    OF    WASHINGTON. 

[Inclosure  1  in  No.  63.] 
Mr.  Greenwood  to  Mr.  Hamilton. 

Treasury,  September  15,  1863. 
Sir  :  With  reference  to  the  instructions  which  I  have  sent  from  time  to  time  to  my 
agents  at  Birkenhead,  by  directions  of  their  lordships  and  Lord  Russell,  to  make 
inquiries  as  to  the  destination  and  intended  employment  of  the  iron-clad  steam-rams 
now  being  built  in  Messrs.  Laird's  yard,  I  beg  to  inclose,  for  their  lordships'  informa- 
tion, a  copy  of  a  letter  which  I  have  this  day  received  from  Messrs.  Townsend  and 
Jackson. 

I  have,  &c, 

(Signed)  JOHN  GREENWOOD. 


[Inclosure  2  in  No.  63.] 

Messrs.  Townsend  and  Jackson  to  Mr.  Greenwood. 

30  Hamilton  Square, 
Birkenhead,  September  1^  1863. 
Sir  :  One  of  the  two  iron-clad  vessels  steamed  this  morning  from  the  dock  in  Messrs. 
Laird's  yard  into  the  public  dock.    As  far  as  could  be  seen  from  the  quay,  she  is  all 
complete  and  ready  for  sea,  e'xcept  as  to  the  turrets  on  deck,  of  which  neither  as  yet  is 
covered  with  the  armor-plating. 

From  inquiries  which  we  have  been  making  we  gather  that  none  of  the  clerks  or 
workmen  in  Messrs.  Laird's  yard  know  anything  more  than  the  public  generally  of  the 
destination  of  the  vessels,  nor  of  the  time  when  they  are  intended  to  sail.  Wejiave 
been  endeavoring  to  ascertain  the  latter  fact  that  we  may  keep  watch  for  the  shipping 
of  a  crew,  which  will  probably  be  delayed  until  the  day  or  so  before  they  sail.  We 
have  not  found  any  evidence  likely  to  be  of  use,  but  we  learn  that  the  carpenters  and 
others  engaged  on  the  vessels  are  working  overtime,  and  that  their  completion  is  being 
pressed. 

We  observe  the  announcement  in  the  Times  newspaper  of  this  date  that  their 
departure  has  been  prohibited,  but  of  course  await  instructions  before  relaxing  our 
•efforts. 

We  are,  &c, 

'Signed)  TOWNSEND  AND  JACKSON. 


No.  64. 
Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  September  16,  1863.     (Eeceived  September  18.) 
My  Lord  :  I  have  the  honor  to  acknowledge  the  receipt  on  the  14 th 
of  your  note  dated  on  the  11th,  in  reply  to  mine  of  the  current  month. 
Your  lordship  remarks  that  you  had  read  my  letter  with  great  regret. 
On  my  part  I  am  very  sure  that  it  could  not  exceed  the  regret  with 
which  I  wrote  it. 
You  are  pleased  to  observe  that  Her  Majesty's  government  hopes  that 
my  Government  may  take  a  calmer  and  more  dispassionate  view 
[363J    of  the  matters  involved  in  this  *discussion  than  seems  to  be  in- 
ferred from  my  note.     If  in  that  note  I  should  have  unfortu- 
nately led  Her  Majesty's  government  to  any  inference  of  the  kind,  I  can 
only  assure  your  lordship  that  the  fault  must  be  exclusively  mine.    At 
the  same  time  I  feel  it  my  duty  not  to  disguise  from  you  the  very  grave 
sense  it  entertains  of  the  danger  that  Her  Majesty's  Kingdom  may  be 
used  by  the  enemies  of  the  United  States,  in  conjunction  with  numer- 
ous ill-disposed  subjects  of  her  own,  to  carry  on  a  war  against  them  in 


BRITISH    CASE    AND    PAPERS.  421 

manner  and  spirit  wholly  at  variance  with  the  rules  of  neutrality  which 
Her  Majesty's  government  has  prescribed  for  itself  in  the  present  con- 
test, as  well  as  with  the  stronger  obligations  of  amity  and  good  will 
imposed  by  solemn  treaties  long  since  entered  into  between  the  parties. 

Your  lordship  appears  disposed  to  throw  aside  the  extract  made  in 
my  note  from  an  insurgent  publication  as  "  happily  having  no  bearing 
upon  the  present  state  of  things."  That  publication  was  predicated 
upon  the  expectation  raised  by  the  report  of  the  case  of  the  Alexandra 
that  no  further  obstructions  to  the  full  execution  of  the  policy  therein 
indicated  would  be  made  in  the  ports  of  Her  Majesty's  Kingdom.  Com- 
ing as  it  did  in  corroboration  of  secret  information  derived  from  other 
sources,  I  certainly  felt  as  if  it  was  incumbent  upon  me  to  lay  before 
you  a  view  of  the  consequences  not  unlikely  to  result  from  the  adoption 
of  the  conclusions  announced  to  me  in  your  note  of  the  1st,  which  fully 
justified  that  expectation.  If  Her  Majesty's  government  have  not  the 
power  to  prevent  the  harbors  and  town%  of  a  friendly  nation  from  being 
destroyed  by  vessels  built  by  British  subjects  and  equipped,  manned, 
and  dispatched  from  her  harbors,  with  the  intention  to  work  that  immense 
mischief,  then  is  the  neutrality  of  the  kingdom  nothing  more  than  a 
shadow  under  which  war  may  be  conducted  with  more  effect  than  if 
undisguised ;  and  all  international  obligations,  whether  implied  or 
expressed,  not  worth  the  paper  on  which  they  are  written. 

It  is  no  part  of  my  intention  to  renew  with  your  lordship  the  discus- 
sion of  the  extent  to  which  a  belligerent  may  draw  resources  from  the 
territory  of  a  neutral,  nor  yet  to  examine  the  degree  in  which  the  re- 
spective parties  to  the  present  contest  have  done  so  in  Great  Britain. 
The  limit  in  the  first  instance  is  well  known  to  be  the  law  of  trade  which 
passively  ignores  the  character  of  the  purchaser.  That  limit  I  desire 
once  more  to  declare  to  your  lordship  has  never  been  passed  by  the 
Government  of  the  United  States.  Whatever  may  be  the  insinuations 
or  intimations  to  the  contrary,  to  which  your  lordship  alludes,  the  re- 
peated and  authorized  denials  of  them  made  by  me  would  seem  in  ordi- 
nary courtesy  to  be  entitled  to  full  confidence,  at  least  so  long  as  it  is 
admitted  that  no  evidence  exists  to  impair  its  reputation  for  good  faith. 

On  the  other  hand,  the  history  of  the  past  two  years  has  proved  beyond 
the  possibility  of  denial  that  the  insurgents  have  steadily  and  persist- 
ently been  engaged  in  transgressing  the  limit  above  laid  down.  They 
have  built  ships  in  the  ports  of  this  kingdom  with  the  intent  to  make 
war  on  the  United  States ;  they  have  equipped  and  armed  those  ships 
with  the  aid  of  British  subjects ;  they  have  manned  those  ships  by  en- 
listments of  British  subjects ;  and  without  ever  entering  any  insurgent 
harbor  they  have  sailed  on  th&  high  seas,  committing  depredations  on 
the  property  of  the  people  of  the  United  States  under  the  protection  of 
the  British  flag.  In  advance  of  this  series  of  proceedings,  I  have  been 
steadily  engaged  in  making  representations  of  the  danger  of  the  same  to 
your  lordship,  the  correctness  of  which  has  been  almost  uniformly  veri- 
fied by  the  result.  In  the  very  first  instance  in  which  I  had  the  honor 
to  present  a  remonstrance  to  your  lordship,  the  case  of  the  gun-boat 
Oreto,  it  appears  from  the  admission  of  the  individual  now  in  command 
o'f  that  vessel  under  the  name  of  the  Florida,  that  she  was  built  in  the 
port  of  Liverpool  with  the  intent  to  carry  on  war  against  the  United 
States.  I  quote  from  the  language  of  a  letter  signed  by  J.  ST.  Maffit, 
which  has  appeared  in  the  public  prints,  when  I  say  "  that  corvette  has,  in 
fact,  been  built  and  armed  by  the  government  of  the  Confederate  States 
of  America."  This  building  and  arming  are  well  known  to  have  been 
done  from  the  ports  and  harbors  of  Great  Britain  and  its  dependencies. 


422  TREATY    OF   WASHINGTON. 

And  just  so  lias  it  been  with  the  other  vessels  of  the  same  nature  on  the 
ocean  that  have  never  yet  earned  any  national  character,  excepting  that 
which  may  attach  to  them  from  the  territory  where  they  were  built, 
equipped,  manned,  and  armed. 

It  is  unnecessary  for  me  to  enlarge  further  upon  this  view  of  the  case, 
or  to  contrast  this  conduct  of  the  insurgents  with  that  observed  by  the 
United  States.  I  shall  content  myself  only  with  pointing  out  to  your 
lordship  that  the  suffering  by  Great  Britain  of  such  proceedings  as  I 
have  complained  of  is  in  violation  of  the  rules  of  neutrality  established 
by  the  law  of  nations,  as  laid  down  by  distinguished  writers,  including 
your  lordship,  as  well  as  of  the  very  terms  of  the  enlistment  act,  as 
adopted  in  this  kingdom  for  the  purpose  of  enforcing  those  rules. 
f364]       *This  is  the  language  of  Martens  on  the  subject: 

Celui-la  au  contraire  blesse  les  devoirs  de  la  neutrality  qui,  sans  engagements 
ant£rieurs  *  *  *  *  tolere  sur  son  territoire  les  preparatifs  militaires  de  l'une  des 
Puissances  bellige'rantes  en  souffrant  <Jes  armements  en  course,  &c. 

I  now  quote  from  the  authority  of  your  lordship  yourself: 

Attempts  on  the  part  of  the  subjects  of  a  neutral  government  to  take  part  in  a  war, 
or  to  make  use  of  the  neutral  territory  as  an  arsenal  or  barrack  for  the  preparation  and 
inception  of  direct  and  immediate  hostilities  against  astate  with  which  their  govern- 
ment is  at  peace — as  by  enlisting  soldiers,  or  fitting  out  ships  of  war,  and  so  converting,  as 
it  were,  neutral  territory  into  a  hostile  depot  or  post  in  order  to  carry  on  hostilities 
therefrom — have  an  obvious  tendency  to  involve  in  the  war  the  neutral  government 
which  tolerates  such  proceedings.  Such  attempts,  if  unchecked,  might  imply  at  least 
an  indirect  participation  in  hostile  acts,  and  they  are  therefore  consistently  treated  by 
the  government  of  the  neutral  state  as  offenses  against  its  public  policy  and  safety, 
which  may  thereby  be  implicated. 

How  far  the  enlistment  act  appears  to  have  been  infringed  upon, 
I  trust  I  need  go  no  further  to  show  than  to  quote  the  view  with  which 
your  lordship  has  heretofore  honored  me  of  what  acts  constitute  a  viola- 
tion of  that  statute : 

The  foreign-enlistment  act  is  intended  to  prevent  the  subjects  of  the  Crown  from 
going  to  war  when  the  sovereign  is  not  at  war.  Thus  private  persons  are  prohibited 
from  fitting  out  a  ship  of  war  in  our  ports,  or  from  enlisting  in  the  service  of  a  foreign 
state  at  war  with  another  state,  or  in  the  service  of  insurgents  against  a  foreign  sov- 
ereign or  state.  In  these  cases  the  person  so  acting  would  carry  on  war,  and  thus 
might  engage  the  name  of  their  sovereign  and  of  their  nation  in  belligerent  operations. 

And  here  your  lordship  will  permit  me  to  remind  you  that  Her 
Majesty's  government  cannot  justly  plead  the  inenicacy  of  the  provi- 
sions of  the  enlistment  law  to  enforce  the  duties  of  neutrality  in  the 
present  emergency,  as  depriving  them  of  the  power  to  prevent  the  antici- 
pated danger.  It  will  doubtless  be  remembered  that  the  proposition 
made  by  you,  and  which  I  had  the  honQr  to  be  the  medium  of  convey- 
ing to  my  Government,  to  agree  upon  some  forms  of  amendment  of  the 
respective  statutes  of  the  two  countries,  in  order  to  make  them  more 
effective,  was  entertained  by  the  latter,  not  from  any  want  of  confidence 
in  the  ability  to  enforce  the  existing  statute,  but  from  a  desire  to  co-op- 
erate with  what  then  appeared  to  be  the  wish  of  Her  Majesty's  ministers. 
But  upon  my  communicatiDg  this  reply  to  your  lordship,  and  inviting 
the  discussion  of  propositions,  you  then  informed  me  that  it  had  been 
decided  not  to  proceed  any  further  in  this  direction,  as  it  was  the 
opinion  of  the  cabinet,  sustained  by  the  authority  of  the  lord  chancel- 
lor, that  the  law  was  fully  effective  in  its  present  shape. 

It  should  here  be  observed  that  it  was  because  I  inferred  from  the 
language  of  your  lordship's  note  of  the  1st  of  this  month  a  virtual  abne- 
gation by  Her  Majesty's  government  of  all  power  practically  to  prevent 
the  violation  of  these  admitted  obligations  of  neutrality  notoriously 


BEITISH    CASE    AND    PAPERS.  423 

going  on  within  this  kingdom,  that  I  felt  it  my  duty  to  represent,  in 
firm,  but  I  trust  not  disrespectful  or  unsuitable  language,  the  strong 
sense  of  injury  which  my  Government  would  unquestionably  entertain 
on  learning  the  unfortunate  conclusion  to,  which  they  had  arrived. 

And  here  I  must  ask  permission  of  your  lordship  to  observe  that  the 
disposition  shown  in  that  note  to  attach  credit  to  a  fraud  which  to  me 
seemed  so  transparent  as  that  attempted  in  the  person  of  M.  Bravay, 
was  calculated:  to  inspire  in  me  the  most  serious  fears  of  the  possibility 
of  my  ever  being  able  to  interpose  the  smallest  obstacle  in  future  to  the 
most  barefaced  imposture  that  might  be  practiced  in  these  cases  on  Her 
Majesty's  government.  Well  knowing  the  unscrupulous  character  of 
the  parties  engaged  in  these  operations,  I  had  every  reason  to  appre- 
hend they  would  always  be  prepared  with  some  similar  specious  pre- 
tense to  annul  any  attempts  further  to  hinder  their  illegal  operations. 

The  simulated  ownership  of  this  M.  Bravay  appears  to  have  dated  so 
long  back  as  on  the  3d  of  July  last.    It  was  first  alleged   that  it  had 
been  claimed  through  the  official  agency  of  the  consul  of  France  at  Liv- 
erpool.    And  in  this  form  the  story  was  honored  by  the  countenance  of 
the  first  minister,  Lord  Palmerston,  in  the  debate  which  took  place  in 
the  House  of  Commons  on  the  23d  of  that  month.    Your  lordship  will 
recollect  that  I  took  immediate  measures  to  procure  an  effectual  disa- 
vowal of  that  authority  by  the  French  consul,  and  to  furnish  the  evi- 
dence to  you.    Supposing  that  Her  Majesty's  government  were  perfectly 
satisfied  with  this,  you  may  judge  of  my  extreme  astonishment 
[365]    when  I  gathered  from  your  note  of  the  1st  instant  that  Her  *Ma- 
jesty's  government,  nearly  two  months  afterward,  was  still  enter- 
taining doubts  about  the  truth  of  this  story,  and  had  not  during  the 
long  interval  obtained  the  evideuce  to  set  the  matter  at  rest.    Had 
your  lordship  done  me  the  favor  to  mention  the  doubt  at  any  time,  I 
flatter  myself  that  I  could  have  supplied  the  necessary  proof  to  dispel 
that  illusion.    I  could  have  pointed  out  the  fact  that  M.  Bravay,  pro- 
fessing to  tict  as  the  agent  of  the  Pasha  of  Egypt,  yet  carefully  abstaining 
from  any  communication  with  his  alleged  employer,  had  addressed  him- 
self instead  to  the  Emperor  of  the  French,  to  get  the  support  of  his  em- 
bassy in  England,  in  order  to  effect  the  transfer  of  the  vessels  from 
under  the  British  authority.    He  was  foiled  iu  this  attempt  by  the  plain 
answer  that  the  ships  having  a  foreign  destination  the  French  agents 
had  no  authority  to  intervene  with  the  British  government  to  effect 
such  a  transfer.    ]STot  satisfied  with  making  this  answer,  however,  I  am 
informed  that  the  French  government  at  once  applied  to  the  Viceroy  of 
Egypt,  in  order  to  verify  the  correctness  of  M.  Bravay's  statement.    The 
answer  was  what  might  naturally  have  been  inferred — a  complete  disa- 
vowal of  any  share  in  the  transaction.     M.  Bravay,  on  being  applied  to 
for  a  copy  of  any  contract  under  which  he  could  claim  to  act  for  the 
Pasha,  was  obliged  to  confess  that  he  had  none.    But  he  then  pretended 
that  his  agreement  was  verbal  with  a  person  who  he  was  sure  could  not 
this  time  be  confronted  with  him  to  prove  his  want  of  veracity — the 
late  Pasha  of  the  same  country. 

Such  being  the  facts  attending  this  extraordinary  imposture,  your 
lordship  may  judge  of  my  surprise  on  learning  from  your  note  that  on 
the  1st  of  September,  "  the  inquiries  set  on  foot  by  Her  Majesty's  gov- 
ernment had  failed  to  show  that  the  statement  of  French  ownership  was 
without  foundation."  Furthermore  that  "  there  was  no  legal  evidence 
against  M.  Bravay's  claim,  and  that  the  responsible  agent  of  the  cus- 
toms at  Liverpool  affirmed  his  belief  that  these  vessels  had  not  been 
built  for  the  confederates."  Lastly,  that  "  upon  these  and  other  grounds 


424  TREATY   OF   WASHINGTON. 

Her  Majesty's  government  were  advised  that  they  could  not  interfere  in 
any  way  with  these  vessels.77 

Under  these  circumstances,  I  trust,  I  may  be  pardoned  if  I  was  some- 
what moved  on  perceiving  that  the  peace  of  two  great  countries,  and 
the  lives  of  perhaps  thousands  of  the  people  inhabiting  them,  were  about 
to  be  seriously  endangered  by  the  acts  of  profligate  and  unscrupulous 
mischief-makers,  whose  operations  were  to  be  permitted  by  reason  of  the 
want  of  a  scruple  of  technical  evidence  to  prove  a  gross  and  flagrant 
fraud.  With  regard  to  the  opinion  of  Her  Majesty's  customs  agent  at 
Liverpool,  I  had  already  had  abundant  cause  to  know  the  value  of  that 
in  various  preceding  instances  in  which  I  have  had  occasion  to  address 
remonstrances  against  the  notorious  proceedings  at  that  port.  If  Her 
Majesty's  ministers  look  no  further  for  proof  to  invalidate  the  evidence 
which  I  have  had  the  honor  to  present,  I  can  readily  foresee  what  will 
be  the  issue.  I  respectfully  submit  that  the  interests  of  two  nations  are 
of  too  much  magnitude 7to  be  measured  by  the  infinitesimal  scale  of  the 
testimony  permissible  before  a  jury  in  a  common  law  court.  I  may  be 
pardoned  if  I  here  remind  your  lordship  of  the  significant  language 
used  in  a  parallel  case  in  former  days  by  that  distinguished  British 
statesman,  George  Canning,  when  he  deprecated  the  consequence  of 
"permitting  the  paltry,  pettifogging  way  of  fitting  out  ships  in  British 
harbors"  to  "  sneak  his  country  into  a  war."  It  may,  indeed,  well  be 
that  the  inability  to  prevent  some  violations  of  neutrality  in  past  in- 
stances which  your  lordship  is  candid  enough  to  confess,  may  be  re- 
garded by  the  United  States  as  proceeding  from  special  causes,  which 
ought  not  to  impair  confidence  in  the  enforcement  of  a  general  policy 
of  neutrality  by  Her  Majesty's  government ;  but  I  pray  your  lordship  to 
consider  what  can  be  that  security  when  all  the  barriers  are  virtually 
removed  out  of  the  way  of  an  effective  levying  of  war  against  them 
from  this  kingdom  on  the  most  formidable  scale. 

I  feel  it  my  duty  to  persist  in  the  opinion  that  the  evidence  which  I 
have  had  the  honor  to  present  to  your  attention  in  regard  to  the  char- 
acter and  intent  of  the  war- vessels  fitting  out  at  Liverpool  is  entitled  to 
belief,  at  least  so  long  as  it  is  not  rebutted  by  far  stronger  proof  to  the 
contrary  than  that  held  out  by  the  unsupported  word  of  a  French  com- 
mercial adventurer,  proved  to  have  been  capable  of  prevarication,  if  not 
of  absolute  falsehood,  or  by  the  bare  opinion  of  an  official  person  prob- 
ably entertaining  a  sympathy  with  the  cause  of  the  guilty  parties.  The 
very  fact  that  resort  has  been  had  to  such  flimsy  pretenses  to  prevent 
the  detection  of  the  true  object  seems  to  afford  the  strongest  proof  that 
that  object  is  not  a  lawful  one,  and  is  the  one  pointed  out  in  that  evi- 
dence. All  exterior  circumstances  go  to  confirm  this  view.  The  uni- 
versal impression  notoriously  existing  in  Liverpool,  the  concurrent  inti- 
mations of  the  press  of  the  insurgent  States,  and  the  absence  of  any 
other  suitable  explanation,  though  not  constituting  in  themselves 
[366]  technical  evidence,  are  yet  important  adjuncts  to  that  which  *may 
fairly  be  classed  under  the  definition.  For  myself,  I  must  add 
that  I  entertain  not  a  shadow  of  doubt  that  the  substance  of  the  evi- 
dence is  true.  If,  then,  there  be  any  virtue  in  the  authority  upon  which 
Her  Majesty's  government  deliberately  decided  that  the  provisions  of 
the  enlistment  act  could  be  enforced,  without  the  need  of  any  amend- 
ment, surely  is  this  a  most  fitting  and  urgent  occasion  upon  which  all 
the  majesty  of  the  law  may  be  invoked  to  the  end  of  establishing  justice 
and  maintaining  peace. 

In  conclusion,  I  pray  your  lordship's  attention  to  the  fact  that,  in  spite 
of  the  decision  to  which  Her  Majesty's  government  appear  to  have  ar- 


BRITISH    CASE    AND    PAPERS.  425 

rived,  and  which  you  have  done  me  the  honor  to  communicate  to  me,  I 
have  reason  to  believe  that  no  efforts  are  intermitted  to  prepare  the 
war- vessels  for  immediate  departure.  AVell  acquainted  as  I  am  with  the 
desperate  character  of  the  chief  persons  engaged  in  the  insurrection  in 
the  United  States,  I  shall  be  little  surprised  at  learning  of  their  resort 
to  any  and  every  expedient,  however  audacious  or  dishonest,  which  may 
have  for  its  object  the  possession  of  these  formidable  ships. 

I  pray,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


No.  65. 
Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  September  18, 1863. 

Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  state  to 
the  lords  commissioners  of  the  admiralty,  that,  on  the  representation  of 
Messrs  Laird  &  Co.,  of  Birkenhead,  permission  has  been  given  to  that 
firm  to  make  a  trial-trip  with  one  of  the  ironclad  steamers  now  buildingr 
by  them:  w 

This  permission  has  been  granted  in  full  reliance  on  an  engagement 
given  in  writing  by  Mr.  Laird,  that  the  ship  shall,  after  the  usual  trial- 
trip,  be  brought  back  again  to  Liverpool,  and  shall  not  leave  that  port 
without  a  week's  notice  to  Her  Majesty's  government  of  the  intention  to 
send  her  away. 

The  only  apprehension,  therefore,  which  can  be  felt  under  these  cir- 
cumstances, is,  lest  an  attempt  should  be  made,  contrary  to  the  inten- 
tion of  Messrs.  Laird,  to  seize  the  vessel  while  making  her  trial-trip, 
and  to  carry  her  off;  and  Lord  Russell  desires  me  to  submit,  for  the  con- 
sideration of  the  board  of  admiralty,  whether  some  effectual  measures 
might  not  be  taken  under  their  lordships7  sanction,  and  with  the  con- 
currence of  Messrs.  Laird,  for  insuring  the  return  of  the  vessel  to  port 
after  the  trial  trip  is  completed. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  66. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  September  19, 1863.  (Received  September  19.) 
Sir  :  In  reply  to  your  letter  of  the  18th  instant,  requesting  that  meas- 
ures may  be  taken  for  insuring  the  return  to  port  of  one  of  the  iron-clad 
steam- vessels  building  by  Messrs.  Laird,  after  her  trial- trip,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  acquaint  you, 
for  the  information  of  Earl  Russell,  that  Rear-Admiral  Dacres,  now  at 
Liverpool,  has  been  directed  to  see  Mr.  Laird,  and  to  arrange  with  him 
for  the  admission  on  board,  during  the  trial,  of  a  number  of  officers  and 
men,  including  an  engineer  officer ;  the  number  of  men  so  sent  to  de- 
pend on  the  report  of  Mr.  Laird  as  to  the  complement  of  the  ship  upon 
the  occasion. 


426  TREATY    OF   WASHINGTON. 

Admiral  Dacres  has  been  desired  to  instruct  the  officer  in  command 
of  the  party  not  to  interfere  in  any  way  with  the  trials,  but  to  see  that 
the  ship  returns  to  port  the  same  day ;  and  the  admiral  has  further  been 
directed  to  make  the  arrangement  in  a  friendly  spirit,  and  to  carry  them 
out  as  quietly  as  possible. 

I  am,  &c, 

(Signed)  W.  G.  EOMAINE. 


[367]  *T$o.  67. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  September  19, 1863. 

Sir  :  I  am  directed  by  Earl  Eussell  to  request  that  you  will  state  to 
the  lords  commissioner  of  Her  Majesty's  treasury  that  his  attention  has 
been  attracted  by  statements  in  the  public  papers  to  .the  effect  that  a 
large  body  of  seamen  belonging  to  the  confederate  steamer  Florida  have 
arrived  in  Liverpool,  which  circumstance  naturally  gives  rise  to  appre- 
hension lest  their  appearance  at  that  port  should  be  connected  with  the 
^supposed  destination  of  the  iron-clads  for  the  service  of  the  confeder- 
ates. 

In  this  state  of  things,  without  desiring  in  any  way  to  throw  a  doubt 
on  the  intentions  of  the  Messrs.  Laird  tp  fulfill,  as  far  as -may  be  in  their 
power,  the  engagement  that  the  iron-clad,  for  whose  trial-trip  permis- 
sion has  been  sought  and  granted,  shall  be  brought  back  to  port  after 
the  trip  is  completed,  Lord  Eussell  cannot  "but  feel  anxious  lest  an  at- 
tempt should  be  made,  notwithstanding  any  opposition,  which  may  be 
offered  by  Messrs.  Laird,  to  seize  the  vessel  in  the  course  of  her  trial- 
trip,  and  carry  her  off  from  British  waters. 

As  such  an  occurrence  would  be  contrary  to  the  determination  of  Her 
Majesty's  government,  as  expressed  in  Mr.  Layard's  letter  of  the  5th 
instant,  that  the  iron-clads  should  be  prevented  from  leaving  the  port 
of  Liverpool  until  satisfactory  evidence  can  be  given  as  to  their  destina- 
tion, Lord  Eussell  is  of  opinion  that  Messrs.  Laird  should  be  forthwith 
apprised  that  the  trial-trip  cannot  be  allowed  except  under  provision 
against  any  forcible  abduction  of  the  vessel. 

With  this  view  the  board  of  admiralty  have  authorized  Admiral 
Dacres,  who  is  now  in  the  Mersey,  with  the  channel  fleet,  to  place,  with 
the  concurrence  of  the  Messrs.  Laird,  on  board  the  iron-clad  about  to 
be  tried,  a  sufficient  force  of  seamen  and  marines  in  Her  Majesty's  naval 
service  to  defeat  any  attempt  to  run  away  with  the  vessel,  and  to  insure 
to  Messrs.  Laird  adequate  support  for  carrying  out  their  engagement 
to  bring  the  vessel  into  port  after  the  trial-trip  is  completed ;  and  I  am 
to  request  that  a  communication  to  the  effect  of  this  letter  may  be  at 
once  made  to  Messrs.  Laird,  with  an  intimation  that,  if  they  are  not 
prepared  to  accept  the  protection  thus  offered  to  them,  the  custom-house 
autborities  at  Liverpool  are  enjoined  absolutely  to  prohibit  the  trial- 
trip  from  being  made. 
I  am,  &c, 
(Signed)  E.  HAMMOND, 


BRITISH    CASE   AND   PAPERS.  427 

No.  m. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  September  19, 1863. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  herewith,  to 
be  laid  before  the  lords  commissioners  of  the  admiralty,  a  copy  of  a 
letter  which  I  have  addressed  to  the  secretary  of  the  treasury,1  respect- 
ing a  communication  to  be  made  to  Messrs.  Laird,  of  Liverpool,  on  the 
subject  of  the  trial-trip  proposed  to  be  made  by  one  of  the  iron-clad  ves- 
sels now  building  by  that  firm ;  and  I  am  to  request  that  you  will  move 
their  lordships  to  give  instructions  to  Admiral  Dacres  in  conformity 
with  what  is  stated  in  the  inclosed  letter. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  69. 
Mr.  Grey  to  JEarl  Russell. 

Paris,  September  19,  1863.     (Eeceived  September  20.) 
My  Lord  :  I  have  the  honor  to  inclose  herewith  to  your  lordship  the 
copy  of  a  dispatch  from  the  minister  of  foreign  affairs  of  the  Vice- 
[368]    roy  of  Egypt  to  the  United  States  #consul-general  at  Alexandra, 
on  the  subject  of  the  iron-clad  vessels  now  building  at  Birken- 
head. 

I  have,  &c, 

(Signed).  W.  G.  GREY. 


[Inclosure  in  ~No.  69.] 

Cherif  Pasha  to  Mr.  Sliayer. 

Alexandrie,  le  8  Seplembre,  1863. 
M.  le  Consul  General  :  J'ai  recu  la  depeche  que  vous  m'avez  fait  l'honneur  de 
m'addresser  le  2  de  ce  raois  pour  m'informer  que  MM.  Laird's  occuperaint  en  ce  moment 
de  la  construction  de  deux  frigates  cuirassees,  qu'ils  pre"tendraient  etre  destinies  au 
gouvernment  de  son  altesse  le  vicqr  oi,  et  pour  demander  si  ce  gouvernrnent  aurait  re"- 
ellement  donne"  des  ordres  a  cet  effet. 

En  reponse,  je  viens  vous  informer,  M.  le  consul  general,  que  le  dit  gouvernment  est 
entierement  stranger  a  la  construction  dont  vous  faites  mention,  et  qu'il  ne  reconnalt 
d'ailleurs  aucun  commande  de  la  nature  de  celle  dont  il  s'agit. 
Veuillez,  &c, 
(Signe")  CHERIF  PASHA. 


m.  to. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty, 
September  20,  1863.     (Eeceived  September  20.) 
Sir  :  With  reference  to  your  letter  of  yesterday's  date  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  transmit  here- 

1  No.  67. 


428  TREATY    OF    WASHINGTON. 

with,  for  the  information  of  Lord  Russell,  the  copy  of  a  letter  which 
has  been  addressed  by  their  lordships7  order  to  Mr.  Reed,  the  chief  con- 
structor of  the  navy,  directing  him  to  inquire  whether  the  owners  of 
the  two  iron-clad  vessels  building  in  the  yard  of  Messrs.  Laird,  at  Bir- 
kenhead, are  willing  to  sell  the  vessels  to  Her  Majesty's  government.  I 
am  also  to  transmit  the  copy  of  a  letter  addressed  to  the  secretary  of 
the  Turkish  embassy  stating  that,  in  the  event  of  my  lords  becoming 
the  purchasers  of  the  vessels,  they  would  be  willing  to  hand  them  over 
to  the  agents  of  the  Turkish  government  for  the  sums  which  may  have 
been  paid  for  them. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[Inclosure  1  in  No.  70.  ] 

The  secretary  to  the  admiralty  to  Mr.  Eeed. 

Admiralty,  September  20,  1863. 
Sir  :  I  am  coram anded  by  my  lords  commissioners  of  the  admiralty  to  signify  their 
direction  to  yon  to  put  yourself  in  communication  with  Mr.  Laird,  and  inquire  of  him 
whether  the  parties  who  ordered  the  two  iron-clad  vessels  now  in  his  yard  are  willing 
to  sell  them  at  the  contract  price  agreed  upon  between  them  and  Mr.  Laird;  and  if  so, 
whether  he  will  state  what  the  price  is  for  the  vessels  when  finished  fit  for  sea. 

If  the  price  appears  to  my  lords  to  be  reasonable,  you  are  to  acquaint  Mr.  Laird  that 
they  will  take  into  consideration  the  question  of  at  once  purchasing  the  vessels. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


*  [Inclosure  2  in  No.  70.] 
The  secretary  to  the  admiralty  to  Eahlil  Effendi. 

Admiralty,  September  20,  1863. 
Effendi  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to  acquaint 
you  that  they  have  received  from  the  chief  constructor  of  the  navy  a  favorable  report 
of  the  two  iron-clad  vessels  building,  and  nearly  completed,  in  the  yard  of  Messrs. 
Laird,  of  Birkenhead. 

As  my  lords  have  reason  to  believe  that  the  question  of  purchasing  these  vessels 
has  been  under  the  consideration  of  the  government  of  the  Sublime  Porte,  my  lords 
are  desirous  of  informing  his  excellency  the  embassador  extraordinary  and  plenipoten- 
tiary that  they  have  directed  inquiries  to  be  made  whether  the  owners  are  willing  to 
sell  the  vessel  at  the  price  contracted  for  between  them  and  the  Messrs.  Laird,  and,  if 
the  price  is  a  reasonable  one,  Messrs.  Laird  are  to  be  informed  that  my  lords  would  be 
willing  at  once  to  become  the  purchasers.  * 

Should  this  negotiation  terminate  in  their  lordships  becoming  the  owners  of  the 
vessels,  they  will,  if  such  be  the  desire  of  the  Turkish  government,  hand  them  over  at 
once  to  their  agents  for  the  sums  which  may  have  been  paid  for  them  by  Her  Majesty's 
government.  * 

A  copy  of  the  report  of  Mr.  Reed,  the  chief  constructor  of  the  navy,  is  sent 
herewith. 

I  am,  &c, 

(Signed)  W.  G.  EOMAINE. 


No.  71. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  September  21, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  state  to  you  the  various  cir- 
cumstances of  suspicion  which  make  it  necessary  to  detain  the  Birken- 
head iron-clads  till  further  evidence  can  be  obtained. 


BKITISH    CASE    AND    PAPERS.  42 & 

They  are,  it  must  be  remarked,  clearly  vessels  of  war  of  a  most 
formidable  kind.  There  is  no  pretense  for  urging  they  are  intended  as 
merchant-vessels. 

Next,  whom  are  they  for  % 

At  first  it  was  pretended  they  were  for  the  French  government.  The 
French  consul  was  quoted  as  claiming  one  of  them  as  French ;  and  the 
first  and  only  one  which  has  been  launched  hoisted  a  French  flag. 

The  embassador  of  France,  the  charge  d'affaires,  and  the  French  min- 
ister of  foreign  affairs  declared  that  the  French  government  had  nothing 
to  do  with  them. 

Then  it  was  pretended  they  were  for  the  Pasha  of  Egypt,  and  M.. 
Bravay  was  referred  to  as  the  owner. 

It  is  true  that  M.  Bravay  asked  the  Viceroy  of  Egypt  to  take  them, 
saying  they  had  been  ordered  verbally  by  the  late  Viceroy.  But  this 
was  probably  a  blind. 

It  appears  from  a  report  of  Captain  Hore,  naval  attache  at  Paris, 
that  several  vessels  of  war  are  building  in  French  ports,  and  when 
Captain  Hore  asked  who  they  were  for,  the  person  he  asked  answered 
with  a  smile,  "  They  are  said  to  be  for  the  Pasha  of  Egypt." 

Is  it  credible  that  the  late  Pasha,  extravagant  as  he  was,  should  have 
ordered  a  formidable  squadron  of  iron-clad  ships  here  and  in  France, 
without  leaving  any  document  to  prove  it  %  However  that  may  be,  the 
present  Pasha  has  repudiated  the  bargain  altogether. 

Had  the  transaction  been  genuine,  M.  Bravay  would  certainly  then 
have  relaxed  the  speed  of  the  builders  till  he  could  find  another  pur- 
chaser. Far  from  this,  the  men  are  working  extra  hours  in  order  to 
complete  the  vessels. 

It  is  reported  also  that  a  crew  from  the  Florida  is  on  its  way  to 
Liverpool. 

Lord  Bussell  thinks  that  in  any  common  case  of  felony  or  misde- 
meanor these  circumstances  of  suspicion  would  justify  the  detention  of 
the  person  accused.    In  the  present  case  they  surely  justify  the  deten- 
tion of  these  formidable  men-of-war  till  more  evidence  can  be  procured. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[370]  (  *No.  72. 

The  secretary  to  the  admiralty  to  Mr,  Hammond. 

Admiralty,  September  21, 1863.    (Beceived  Septemer  21.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Bussell,  a  copy  of  a 
letter,  dated  the  20th  instant,  from  Bear- Admiral  Dacres,  stating  that 
Mr.  Laird  has  consented  to  postpone  the  contemplated  trial  of  the  iron- 
clad ship  at  Liverpool,  and  to  give  due  notice  when  it  may  take  place. 
I  am,  &c, 
(Signed)  GEO.  JROMAINE. 

flnclosure  in  No.  72.J 
Bear-Admiral  Dacres  to  the  secretary  to  the  admiralty. 

Edgar,  London,  September  20, 1863. 
Sir  :  With  reference  to  yonr  letters  of  the  19th  instant,  confidential,  referring  to  the- 
proposed  trial  of  Messrs.  Laird  Brothers'  iron-clad  vessel  now  in  the  Mersey,  I  have  the 


430  TREATY    OF    WASHINGTON. 

honor  to  request  you  will  be  pleased  to  inform  the  lords  commissioners  of  the  admiralty 
that  I  have  this  afternoon  had  a  personal  interview  with  Messrs.  Laird,  and  have  tele- 
graphed the  result  to  you  as  follows  : 

"  I  have  seen  the  builders,  who  have  most  readily  agreed  to  postpone  the  trial  of  the 
iron  ship,  to  give  due  notice  when  it  will  take  place,  and  then  to  adopt  any  precau- 
tionary measures  considered  necessary  by  the  government." 

I  have,  &c, 

(Signed)  S.  C.  DACRES. 


No.  73. 

Mr.  Hamilton  to  Mr.  Hampiond. 

Treasury  Chambers, 
September  21, 1863.     (Received  September  21.) 
Sir  :  With  reference  to  the  previous  correspondence  respecting  the 
iron-clads  building  at  Birkenhead,  I  am  desired  by  the  lords  commis- 
sioners of  Her  Majesty's  treasury  to  transmit,  for  the  information  of 
Earl  Russell,  copy  of  a  letter  from  the  commissioners  of  customs,  dated 
the  21st  instant,  and  of  its  inclosure  from  the  Messrs.  Laird  Brothers, 
dated  the  18th  instant. 
I  am,  &c, 
(Signed)  G'EO.  A.  HAMILTON. 

[Inclosure  1  in  No.  73.] 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  September  21, 1863. 

Sir:  lam  directed  to  state  that  at  8.30  on  Saturday  evening,  in  compliance  with 
directions  received  at  his  private  residence  from  you,  (through  Mr.  Welby,)  Mr.  Goul- 
hurn,  deputy  chairman  of  this  board,  forwarded  a  telegram  to  the  collector  of  Liver- 
pool, of  which  the  following  is  a  copy : 

"See  Messrs.  Laird  first  thing  to-morrow  morning.  Ascertain  whether  they  will 
comply  with  conditions  of  treasury  letter  sent  to  them  to-night.  If  not,  detain  the 
iron-clad,  and  on  no  account  allow  the  trial-trip." 

At  9.30  on  Sunday  (yesterday)  morning  Mr.  Goulburn  received  from  the  collector  the 
following  message: 

"I  got  the  necessary  guarantee  yesterday, evening,  and  sent  it  you  by  post.  Mail  is 
right."1     (A  copy  of  Messrs.  Laird's  letter  is  annexed.) 

Fearing  there  might  be  some  misunderstanding,  from  the  wording  of  this  message, 
which  seemed  to  refer  to  the  former  arrangement  with  respect  to  the  iron-clad, 
[371]  and  not  *to  the  new  conditions  laid  down  in  the  treasury  letter  of  Saturday, 
and  which  could  only  have  been  received  by  Messrs.  Laird  that  same  morning, 
and  in  case  Messrs.  Laird  might  decline  to  show  the  treasury  letter  to  Mr.  Edwards, 
(the  collector,)  Mr.  Goulburn  thought  it  better  to  forward,  at  10.45,  another  message, 
of  which  the  following  is  a  copy : 

"  Your  telegram  just  received.  Mine  of  last  night  referred  to  new  conditions  in 
treasury  letter  only  received  by  Messrs.  Laird  this  morning.  A  force  of  seamen  and 
marines  to  be  placed  on  board' iron-clad  by  admiral.  Unless  this  is  done,  you  must 
detain  and  not  allow  the  trial-trip," 

And  Mr.  Goulburn  received  an  acknowlecjgment  of  this  last  message  in  the  follow- 
ing terms : 

"  I  have  seen  the  parties.  Ship  not  ready  for  trial.  Builders  gladly  adopt  such 
precautionary  and2  as  may  be  considered  necessary  for  the  protection  of  ship ;  and  will 
give  ample  notice  so  as  to  provide  the  hands." 

Which,  it  is  presumed,  the  lords  commissioners  of  Her  Majesty's  treasury  will  con- 
sider satisfactory ;  and  I  am  to  signify  the  request  of  the  board  to  be  favored  with 
their  lordships'  approval  of  Mr.  Goulburn's  proceedings. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 

1  Sic.  in  orig.    Query,  to-night.  ■  Sic  in  orig. 


BRITISH    CASE    AND    PAPERS.  431 

[Inclosure  2  in  No.  73.] 
Messrs.  Laird  Brothers  to  Mr.  Edwards. 

.  Birkenhead  Iron- Works,  Birkenhead,  September  18,  1863. 

Sir  :  We  beg  to  acknowledge  receipt  of  your  letter  of  the  17th  instant,  informing  us 
that  the  lords  commissioners  of  Her  Majesty's  treasury  will  allow  the  trial-trip  to  be 
made  by  the  vessel  referred  to  in  our  letter  of  the  8th  instant,  relying  upon  the  hon- 
orable engagement  which  has  been  given  by  us  that  the  ship  shall,  after  the  usual  trial- 
trip,  be  brought  back  again  to  Liverpool,  and  shall  not  leave  that  port  without  a 
week's  notice  to  Her  Majesty's  government  of  the  intention  to  send  her  away. 

This  engagement  was  made  under  the  circumstances  set  forth  in  our  previous  cor- 
respondence, and  we  now  therefore  beg  to  confirm  the  same  ;  and  are,  &c, 

(Signed)  LAIRD  BROS. 


No.  74. 
,  Mr.  Hammond  to  Mr.  Bruce. 

Foreign  Office,  September  23,  1863. 

Sir  :  The  attention  of  Secretary  Sir  George  Grey  may  have  been 
attracted  by  paragraphs  which  have  recently  appeared  in  the  public 
papers  to  the  effect  that  a  large  body  of  seamen,  forming  part  of  the 
crew  of  the  confederate  steamer  Florida,  now  repairing  at  Brest, 
lately  arrived  from  that  port  at  Cardiff,  from  whence  they  have  pro- 
ceeded to  Liverpool,  where,  as  far  as  anything  has  appeared  to  the  con- 
trary, they  now  are. 

It  is  difficult  to  disconnect  the  appearance  of  these  seamen  at  Liver- 
pool with  the  suspicion  which  has  been  entertained  that  the  iron-clad 
vessels  building  by  Messrs.  Laird  are  designed  for  the  confederate  ser- 
vice, and  this  circumstance  affords  additional  reason  for  watching  most 
closely  all  that  takes  place  in  regard  to  those  vessels. 

The  point  to  which  Lord  Eussell  would  now  wish  more  particularly  to 
call  Sir  George  Grey's  attention  is,  whether  these  seamen,  in  so  far  as 
they  may  be  subjects  of  Her  Majesty,  are  not  liable  to  be  proceeded 
against  for  misdemeanor,  either  as  having  engaged  in  hostilities  against 
a  state  in  amity  with  Her  Majesty,  or  as  forming  part  of  a  body  of 
persons  enlisted  in  the  service  of  a  belligerent  engaged  in  hostilities 
against  such  a  state  5  and  Lord  Russell  would  submit,  for  Sir  George 
Grey's   consideration,  whether  the  opinion  of  the  law-officers  of  the 
Crown  should  not  forthwith  be  taken  on  this  point,  with  the  view,  if  it 
should  be  in  the  affirmative,  of  determining  as  to  the  propriety  of 
[372]    taking  proceedings  against  any  of  the  parties  in  ^regard  to  whom 
sufficient  evidence  can  be  obtained  to  bring  them  within  the  pro- 
visions of  the  law. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  75. 

Mr.  Grey  to  Earl  Eussell. 

Paris,  September  22,  1863.     (Received  September  23.) 
My  Lord  :  I  have  the  honor  to  transmit  herewith  to  your  lordship 
Captain  Hore's  dispatch  of  this  day's  date,  reporting  an  interview  which 


432  TREATY    OF   WASHINGTON. 

he  has  had  with  M.  Bravay  on  the  subject  of  the  irou-clad  vessels  build- 
ing at  Birkenhead. 

I  have.  &c., 

(Signed)  W.   G.  GBEY. 


[Inclosure  1  in  No.  75.] 
Captain  Hove,  B.  N.,  to  Mr.  Grey. 

Paris,  September  22,  1863. 

Sir:  I  had  an  interview,  this  morning,  with  M.  Bravay  on  the  subject  of  the  iron- 
clads at  Liverpool. 

M.  Bravay,  apparently  very  frankly,  showed  me  a  number  of  his  papers  relating  to 
these  vessels,  and  I  have  the  honor  to  inclose  a  copy  of  the  deed  of  release,  by  Messrs. 
Laird  &  Co.,  to  Mr.  Bullock,  who  is  an  American  of  the  Confederate  States,  of  his  con- 
tract for  the  construction  of  the  ships  in  question.  This  release,  according  to  one  of 
the  recitals,  appears  to  have  been  given  in  consideration  of  the  sale  of  the  said  ships 
to  MM.  Bravay  &  Co.  upon  terms  therein  mentioned. 

The  following  is  the  statement  that  M.  Bravay  gave  me  of  his  connection  with 
these  vessels,  to  support  which  he  showed  me  his  correspondence-book,  which  is  a 
bound  one,  and  the  letters  relating  to  this  affair,  many  in  number,  are  interspersed, 
according  to  date,  with  those  on  other  business. 

In  December  last  year  he  received  a  commission  from  the  late  Pasha  of  Egypt  to 
provide  two  iron-clad  vessels.  Finding  that  vessels  could  be  built  cheaper  in  England 
than  in  France  he  applied  to  Messrs.  Laird,  specifying  what  he  wanted,  and  asking 
what  time  would  be  necessary  to  construct  them.  He  received  a  reply  that  two  years 
would  be  required.  He  desired  to  complete  his  transaction  sooner,  and,  after  some 
correspondence,  Messrs.  Laird,  in  May  last,  stated  that  they  had  two  vessels  nearly 
completed  for  the  agents  of  the  confederate  government,  who,  as  they  seemed  to  think 
some  difficulty  might  be  put  in  the  way  of  their  putting  to  sea,  were  willing  to  dis- 
pose of  them,  and  accordingly  the  sale  took  place. 

M.  Bravay  assured  me  that  it  was  a  bona  fide  transaction. 

Before  I  mentioned  that  the  British  government  might  be  inclined  to  purchase  these 
vessels,  he  stated  that  he  had  received,  only  this  morning,  an  offer  to  purchase  them 
from  the  Russian  government ;  also,  that  a  few  days  ago  he  had  received  a  letter 
from  Captain  Blakely,  who  is  providing  their  armament,  saying  that  the  Danish  gov- 
ernment were  anxious  to  have  them. 

He  had  replied  that  he  was  bound,  by  his  last  arrangement  with  the  present  Pasha, 
not  to  sell  them  until  the  designs,  or  perhaps  even  the  vessels  themselves,  had  been 
presented  for  his  final  approval  or  rejection.  In  the  latter  case  the  Pasha  had  prom- 
ised to  use  all  his  influence  to  induce  the  Turkish  government  to  take  them. 

On  my  mentioning  that  the  British  government  might  be  inclined  to  purchase  them 
he  replied  that  he  should  be  very  glad  to  sell  them,  but  until  he  had  the  definite 
answer  from  the  Pasha  he  considered  himself  bound  to  retain  them.  He  told  me  that 
they  were  looking  for  French  captains  to  command  them,  and  that  he  could  prove  his 
title  to  them,  should  there  be  any  difficulty. 

His  other  accounts  of  his  transactions  "agreed  with  those  that  Mr.  Colquhoun  has 
reported  that  he  had  received  from  M.  Bravay. 

I  may  remark  that  Bullock  is  the  name  of  the  person  who,  I  was  informed  at  Bor- 
deaux, was  the  agent  for  the  vessels  building  there  for  the  Confederate  States. 
I  have,  &c, 
(Signed)  E.  HORE. 


[373]  *[Inclosure  2  in  No.  75.J 

Deed  of  release  between  Messrs.  Laird  and  Mr.  Bullock. 

To  all  to  whom  these  presents  shall  come,  we,  James  Dunwoody  Bullock,  and  Wil- 
liam Laird,  the  younger,  John  Laird,  the  younger,  and  Henry  Hyndinan  Laird,  carry- 
ing on  business  at  Birkenhead  as  ship-builders,  under  the  style  of  Laird  Brothers,  send 
greeting : 

Whereas  by  a  contract  dated  the  1st  day  of  July  last,  and  made  between  the  said  Wil- 
liam Laird,  the  younger,  on  behalf  of  his  said  firm  of  the  one  part,  and  the  said  James 
Dunwoody  Bullock  of  the  other  part,  it  was  witnessed  that  for  the  consideration  therein 
mentioned,  the  said  Laird  Brothers  agreed  to  build,  and  the  said  James  Dunwoody 
Bullock  agreed  to  purchase  and  pay  for,  two  iron  screw  steam-vessels.  And  whereas- 
the  said  two  several  ships  have  been  partly  built  and  partly  paid  for,  and,  while  in  an* 


BEITISH    CASE    AND    PAPERS.  433 

unfinished  state,  the  said  James  Dunwoody  Bullock  has  effected  a  sale  thereof  to 
Messrs.  A.  Bravay  &  Co.,  on  terms  that  the  said  Laird  Brothers  are  to  retain  the 
moneys  already  paid  to  them  on  account  of  the  said  ships  hy  the  said  James  Dunwoody 
Bullock,  amounting  to  the  sum  of  £  150,000,  and  are  also  to  receive  the  further  moneys  to 
he  paid  by  the  said  James  Dunwoody  Bullock  on  the  completion  of  the  said  several 
ships.  And  whereas  by  reason  of  this  sale  and  arrangement,  the  said  James  Dunwoody 
Bullock  will  cease  to  have  any  further  pecuniary  interest  in  the  said  several  ships  and 
in  the  completion  thereof,  and  the  said  Messrs.  A.  Bravay  &  Co.  are  also  desirous  that 
the  said  James  Dunwoody  Bullock  should  cease  to  have  any  legal  interest  therein ; 
and  the  said  Laird  Brothers,  being  satisfied  with  the  security  of  the  said  Messrs.  A. 
Bravay  &  Co.  for  payment  of  the  moneys  to  hereafter  become  due  in  respect  of  the 
same,  and  mutual  agreements  and  arrangements  having  been  perfected  between  them, 
the  said  parties,  hereto  to  this  effect,  they  havejthereupon  agreed  mutually  to  discharge 
and  release  each  other,  and  every  of  them,  from  the  terms  of  the  said  contract  of  the 
said  1st  day  of  July  last : 

Now  know  ye  that,  in  consideration  of  the  premises,  and  for  the  purpose  of  ending 
and  making  void  the  said  contract,  the  said  James  Dunwoody  Bullock  does  hereby,  for 
himself,  his  heirs,  executors,  and  administrators,  remise,  release,  and  forever  quit,  claim, 
and  discharge  unto  the  said  William  Laird,  the  younger,  John  Laird,  the  younger,  and 
Henry  Hyndinan  Laird,  their  and  every  of  their  heirs,  executors,  and  administrators. 
And  the  said  William  Laird,  the  younger,  John  Laird,  the  younger,  and  Henry  Hyndi- 
nan Laird,  do  hereby  severally  and  respectively,  for  themselves  and  their  heirs,  ex- 
ecutors, and  admistrators,  remise,  release,  and  forever  quit,  claim,  and  discharge  unto 
the  said  James  Dunwoody  Bullock,  his  heirs,  executors,  and  administrators,  all  and 
every  action  of  suit,  cause  or  causes,  action  or  suit,  claim  and  demand  whatsoever 
which  has  heretofore  arisen,  or  can,  shall,  or  may  hereafter  arise  out  of  or  in  conse- 
quence of  the  said  recited  contact  of  the  1st  day  of  July  last,  or  of  any  clause  or  agree- 
ment therein  contained. 

In  witness  whereof  the  said  parties  to  these  presents  have  hereunto  set  their  hands 
and  seals  this  18th  day  of  June,  1863. 

(Signed)  •  JAMES  D.  BULLOCK.        [l.s.] 

WILLIAM  LAIRD,  JcN.     U.S.] 
HENRY  H.  LAIRD.  [l.  s.] 

Cet  acte  a  6t6  signe  en  ma  presence  par  le  soussignd. 
Paris  le  18  Juin  1863. 

(Signe)  J.  A.  THEVELL. 

Signed,  sealed,  and  delivered  by  the  said  John  Laird,  the  younger,  in  the  presence  of 
(Signed)  JOHN  FLETCHER,  Solicitor,  Liverpool. 


No.  76. 
Mr.  Hamilton  to  Mr,  Hammond. 

0 

Treasury  Chambers, 
September  23,  18G3.     (Received  September  23.) 
Sir  :  With  reference  to  the  previous  correspondence  on  the  subject 
of  detention  of  the  iron-clad  vessels  building  at  Birkenhead,  I  am  de- 
sired by  the  lords  commissioners  of  Her  Majesty's  treasury  to  trans- 
[374]    mit  herewith,  for  the  information  of  Earl  Russell,  *copy  of  a  letter 
of  this  day's  date,  addressed  by  their  lordships  to  the  commis- 
sioners of  customs. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


•  [Inclosure  in  No.  7C] 

Mr.  Hamilton  to  the  commissioners  of  customs. 

Treasury  Chambers,  September  23,  1863. 
Gentlemen  :  With  reference  to  the  communication  from  this  board  of  the  21st 
instant,  respecting  precautionary  measures  to  be  adopted  on  the  occasion  of  the  trial 

H.  Ex.  282,  vol.  ii 28 


434  TREATY    OF    WASHINGTON. 

trip  of  the  iron-clad  vessel  building  at  Birkenhead,  and  which  has  formed  the  subject 
of  recent  correspondence,  I  am  desired  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  state  that  they  think  it  desirable,  in  order  to  avoid  any  misconception  by 
you  as  to  the  course  of  proceeding  -which  devolves  upon  you  in  reference  to  this  matter,  to 
request  that  it  may  be  explicitly  and  strongly  impressed  upon  your  collector  at  Liverpool 
that  the  instructions  from  this  board,  of  the  5th  instant,  for  the  detention  of  the  two 
iron-clad  steamers  in  course  of  construction  by  Messrs.  Laird,  hold  good,  in  whatever 
hands  the  vessels  may  be,  until  such  time  as  these  instructions  shall  have  been  officially 
revoked ;  and  that  he  must  take  care  to  have  the  means  of  enforcing  and  acting  upon 
them;  and  that  the  only  modifications  as  regards  these  instructions  is,  that  the  trial- 
trip  may  be  made  under  the  assurance  given  by  Messrs.  Laird  that  the  ship  shall, 
after  the  trial-trip,  be  brought  back  again  to  Liverpool,  and  shall  not  leave  that  port 
without  a  week's  notice  to  Her  Majesty's  government  of  the  intention  to  send  her  away ; 
and  further,  that,  for  the  reasons  explained  in  the  communication  to  you  of  the  21st 
instant,  the  trial-trip  shall  not  be  allowed  to  take  place  without  the  protection  of 
marines  and  seamen  which  the  admiralty  has  offered  to  Messrs.  Laird,  and  which  they 
have  accepted. 

I  am,  &c. 

(Signed)  GEO.  A.  HAMILTON. 


Xo.   77. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  September  25, 1863. 

Sir  :  I  have  had  the  honor  to  receive  your  letters  of  the  16th  and 
17th  of  September. 

As  the  whole  question  is  under  the  consideration  of  Her  Majesty's 
government,  and  the  orders  given  not  to  permit  the  ironclads  to  leave 
Liverpool  until  further  inquiry  has  been  made  seem  to  be  sufficient  for 
the  purpose  of  the  present  moment,  I  will  delay  any  answer  to  these 
letters  till  the  facts  have  been  more  fully  ascertained. 

It  is  right  to  inform  you  that  upon  receiving  assurances,  which  the 
treasury  consider  satisfactory,  that  the  vessel  shall  be  returned  to 
Birkenhead,  the  Messrs.  Laird  have  been  permitted  to  make  a  trial-trip 
Avith  the  vessel  which  is  the  most  advanced. 

I  can  assure  you  that  I  am  not  less  anxious  than  yourself  that  the 
duties  of  neutrality  should  be  performed  strictly  and  impartially  by  the 
government  of  Great  Britain. 

There  are,  however,  passages  in  your  letter  of  the  16th,  as  well  as  in. 
some  of  your  former  ones,  which  so  plainly  and  repeatedly  imply  an 
intimation  of  hostile  proceeding  toward  Great  Britain  on  the  part  of 
the  Government  of  the  United  States,  unless  steps  are  taken  by  Her 
Majesty's  government  which  the  law  does  not  authorize,  or  unless  the 
law,  which  you  consider  as  insufficient,  is  altered,  that  I  deem  it  incum- 
bent upon  me,  in  behalf  of  Her  Majesty's  government,  frankly  to  state 
to  you  that  Her  Majesty's  government  will  not  be  induced  by  any  such 
consideration  either  to  overstep  the  limits  of  the  law  or  to  propose  to 
Parliament  any  new  law  which  they  may  not,  for  reasons  of  their  own, 
think  proper  to  be  adopted.    They  will  not  shrink  from  any  conse- 
quences of  such  a  decision.  » 
I  am,  &c, 
(Signed)  RUSSELL. 


BRITISH    CASE    AND    PAPERS.  435 

[375]  *  No.  78. 

TJie  secretary  to  the  treasury  to  Mr.  Hammond. 

Treasury  Chambers, 
September  25, 1863.     (Eeceived  September  25.) 
Sir  :  With  reference  to  the  previous  correspondence  respecting  the 
iron-clad  vessels  building  at  Birkenhead,  I  am  desired  by  the  lords  com- 
missioners of  Her  Majesty's  treasury  to  transmit  herewith,  for  the 
information  of  Earl  Eussell,  copy  of  the  inclosures  to  a  letter  received 
from  the  commissioners  of  customs,  dated  the  24th  instant. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

[.Enclosure  1  in  No,  78.] 

Mr.  Goulburn  to  Mr.  Edwards 

[Telegraphic] 

September  19, 1863. 

See  Messrs.  Laird  first  thing  to-morrow  morning.  Ascertain  whether  they  will  com- 
ply with  condition  of  treasury  letter  sent  to  them  to-night.  If  not,  detain  iron-clad  ; 
on  no  account  allow  trial- trip. 

Write  by  post  to  me  here,  stating  proceedings. 


[Inclosure  2  in  No.  78.] 
Mr.  Goulburn  to  Mr.  Edwards. 

[Telegraphic.] 

September  20, 1863. 

Your  telegram  of  this  morning  just  received.  Mine  of  last  night  referred  to  new 
conditions  in  treasury  letter  only  received  by  Messrs.  Laird  this  morning. 

A  force  of  seamen  and  marines  is  to  be  placed  on  board  iron-clad  by  admiral.  Unless 
this  is  done  you  must  detain  and  not  allow  trial-trip. 

Acknowledge  receipt. 


[Inclosure  3  in  No.  78.] 
Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool  September  22,  1863. 

Honorable  Sirs:  I  beg  jto  report  that  I  received  telegram  No.  1,  from  the  deputy- 
chairman,  Mr.  Goulburn,  on  Saturday  night,  the  19th  instant,  at  half  past  10  o'clock, 
relative  to  the  iron-clad  vessels  now  being  built  by  Messrs.  Laird ;  to  which  I  replied 
by  telegraphic  message  sent  on  Sunday  morning,  at  7.45,  to  the  private  residence  of  the 
deputy  chairman. 

At  12.30  on  Sunday  I  received  message  No.  2,  upon  which  I  went  to  Birkenhead,  and 
saw  Messrs.  Laird  at  the  residence  of  their  father,  the  member.  I  found  that  the  let- 
ter from  the  treasury  to  which  the  telegram  referred  had  not  been  opened,  it  not  being 
the  practice  of  the  house  to  open  business  letters  on  Sunday. 

On  seeing  the  letter  from  the  treasury,  I  then  discovered  the  full  meaning  of  the 
communication,  which  was  that  the  government  entertained  no  doubt  but  that  Messrs. 
Laird  would  honorably  carry  out  their  guarantee  not  to  let  the  vessels  leave  the  port 
without  the  sanction  of  the  government,  but  that  they  apprehended  that  forcible  pos- 
session might  be  taken  of  the  vessel  during  a  trial-trip  which  it  was  supposed  would 
have  taken  place  yesterday ;  hence  directions  had  been  sent  to  Admiral  Dacres  to  place 
•  a  sufficient  number  of  men  on  board  to  protect  her  during  the  trip  and  to  see  her  safely 
back  into  the  dock.  The  vessel,  however,  is  not  yet  ready  for  a  trial-trip,  nor  will  she 
be  for  a  week  or  so,  and  it  is  not  certain  that  any  such  trip  will  be  made  if  the  machin- 
ery can  be  tested  in  the  dock. 


436  TEEATY   OF   WASHINGTON. 

In  the  event,  however,  of  the  vessel  now  nearly  ready  (for  there  are  two)  being  tried 

at  sea,  the  builders  have  pledged  themselves  to  give  me  sufficient  notice  to  enable  me 

to  communicate  with  the  board  on  the  subject ;  and  the  board  may  be  satisfied 

[376]  *  that  they  shall  receive  intimation  immediately  anything  on  the  matter  comes 

to  my  knowledge, 

(Signed)  S.  PRICE  EDWARDS, 

Collector. 


No.  79. 
Ma.  Hammond  to  the  secretary  to  the  treasury.1 

Foreign  Office,  September  26, 1863. 
Sir  :  I  am  directed  by  Lord  Eussell  to  transmit  to  you,  to  be  laid 
before  the  lords  commissioners  of  Her  Majesty's  treasury,  a  copy  of  a 
private  letter  from  the  Honorable  W.  Grey,  charge  d'affaires,2  at  Paris, 
and  its  inclosures,  relative  to  the  iron-clad  vessels  at  Birkenhead.  Mr. 
Grey's  inquiries  were  made  in  consequence  of  a  desire  expressed  by  Lord 
Eussell  that  M.  Bravay  should  be  asked  by  Captain  Hore  whether  he 
was  disposed  to  sell  the  ironclads  now  building  at  Birkenhead  to  the 
British  government. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  80. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  September  24.     (Eeceived  September  26.) 
My  Lord  :  I  am  credibly  informed  that  seventy  or  more  of  the  men 
belonging  to  the  insurgent  vessel  the  Florida,  formerly  the  Oreto,  nearly 
all  of  them  British  subjects,  have  been  sent  over  from  Brest,  and  are 
now  in  Liverpool.    They  were  provided  with  a  letter  to  the  person  act- 
ing on  behalf  of  the  insurgents  at  Liverpool,  a  copy  of  which  is  here- 
with transmitted.    I  need  not  point  out  to  your  lordship  the  fact  that 
the  last  sentence  implies  habitual  action  in  direct  violation  of  the  law 
of  the  realm ;  such,  indeed,  as  if  committed  by  any  agent  of  the  United 
States  would  be  likely  to  attract  the  immediate  notice  of  Her  Majesty's 
^government.    It  corroborates  all  the  evidence  heretofore  presented  by 
me  on  the  same  subject.    I  have  further  reason  to  believe  that  under 
this  sentence  is  intended  a  transfer  of  many  of  these  men  to  one  of  the 
iron-clad  war  vessels  now  in  preparation  at  Liverpool,  with  intent  to 
carry  on  war  against  the  United  States.    It  is  known  to  me  that  the 
intention  to  dispatch  that  vessel  is  not  yet  abandoned  by  the  parties 
concerned  in  the  enterprise. 
I  pray,  &c, 
(Signed)  OHAELES  FEANOIS  ADAMS. 

1  A  similar  letter  was  addressed  to  the  admiralty r-  ?No.  75. 


BRITISH    CASE    AND     PAPERS.  437 

flnclosure  in  No.  80.] 

Commander  Maffit  to  Captain  Bullock,  C.  S.  N. 

Florida,  Brest,  September  3,  1863 
Sir  :  Herewith  I  send  you  a  list  of  men  discharged  from  the  Florida,  "with  their 
accounts  and  discharges.    Many  of  them  have  asked  for  transfers,  and  others  for  refer- 
ence to  you  or  to  a  confederate  agent.    I  would  request  you  to  provide  them  situations 
in  the  service. 

I  have,  &c, 

(Signed)  J.  N.  MAFFITT. 


[377]  *Xo.  81. 

Mr.  Hammond  to  Mr,  Bruce. 

Foreign  Office,  September  26, 1863. 
With  reference  to  your  letter  of  the  24th  ultimo,  I  am  directed  by 
Earl  Eussell  to  transmit  to  you,  to  be  laid  before  Sir  George  Grey,  the 
accompanying  copies  of  a  letter,  and  its  inclosure,  from  Mr.  Adams,  rel- 
ative to  the  crew  of  the  Florida.1 
lam,  &c, 
(Signed)  E.  HAMMOND. 


No.  82. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
September  28,  1863.  (Received  September  28.) 
Sir  :  With  reference  to  the  correspondence  respecting  the  iron-clad 
vessels  building  at  Birkenhead,  I  am  desired  by  the  lords  commission- 
ers of  Her  Majesty's  treasury  to  transmit  herewith,  for  the  information 
of  Earl  Eussell,  a  copy  of  a  letter  from  the  commissioners  of  customs 
dated  the  24th  instant. 

I  am,  &c,  * 

(Signed) ,  GEO.  A.  HAMILTON. 


[Inclosure  in  No.  82.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  September  24,  1863. 
Sir  :  With  reference  to  the  order  of  the  lords  commissioners  of  Her  Majesty's  treasury, 
dated  the  23d  instant,  respecting  the  iron-clad  vessels  fitting  at  the  premises  of  Messrs. 
Laird  at  Birkenhead,  and  the  conditions  on  which  the  trial  trip  of  one  of  the  said  ves- 
sels may  he  allowed,  I  am  desired  to  acquaint  you  that  directions  have  been  given  by 
the  board  to  their  collector  at  Liverpool  to  govern  himself  strictly  by  the  instructions 
contained  in  their  lordships'  order. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 

1  No.  80  and  inclosures. 


438  TREATY    OF    WASHINGTON. 

No.   83. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
September  28,  1863.  (Received  September  28.) 
Sir  :  With  reference  to  the  previous  correspondence  respecting  the 
iron-clads  building  at  Birkenhead,  I  am  desired  by  the  lords  commis- 
sioners of  Her  Majesty's  treasury  to  transmit  herewith,  for  the  infor- 
mation of  Earl  Eussell,  a  copy  of  a  letter  from  the  commissioners  of  cus- 
toms, dated  the  26th  instant,  and  of  its  in  closure,  dated  the  25th  in- 
stant. 

I  am,  &c, 

(Sigried)  GEO.  A.  HAMILTON. 


fin  closure  1  in  ~&o.  83.  J 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  September  26, 1863. 
Sir  :  "With  reference  to  my  letter  of  the  24th  instant,  stating  the  directions  given  by 
the  board  to  the  collector  of  this  revenue  at  Liverpool,  in  pursuance  of  the  order 
[378]  of  the  lords  commissioners  of  Her  Majesty's  treasury  of  the  preceding  day  *re- 
specting  the  iron-clad  vessels  fitting  at  Birkenhead,  I  am  directed  to  transmit, 
for  the  information  of  their  lordships,  the  inclosed  copy  of  a  report  of  the  collector, 
dated  the  25th  instant,  on  the  subject. 
I  am,  &c, 
(Signed;  YJkG.  GARDNER. 


[Inclosure  2  in  No.  83.  J 
Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  September  25,  1863. 

Honorable  Sirs  :  On  the  receipt  of  your  order  of  the  23d  instant,  and  that  of  yester- 
day's date,  respecting  the  iron-clad  vessels  fitting  at  the  premises  of  Messrs.  Laird, 
Birkenhead,  and  the  conditions  on  which  the  trial  trip  may  be  allowed,  I  have  to  state 
that  I,  yesterday,  saw  one  of  the  members  of  the  firm,  Mr.  John  Laird,  jr.,  and 
showed  him  the  directions  ol  the  treasury  and  the  board  bearing  date  the  23d  instant. 

These  gentlemen  are  quite  ready  and  willing  to  abide  by  all  the  conditions  required 
with  reference  to  the  iron-clads,  which  are,  first,  that  no  trial  trip  shall  take  place  un- 
til a  sufficient  force  of  marines  and  seamen  are'placed  on  board  ;  and,  secondly,  that  I 
shall  have  sufficient  notice  when  either  of  the  vessels  is  ready  and  fit  to  be  given  up 
to  their  owners,  to  obtain  your  honors'  directions  regarding  them  before  they  pass  out 
of  their  custody  ;  and  I  may  observe  further  that  the  board  need  entertain  no  un- 
easiness as  to  the  honorable  carrying  out  of  the  conditions  imposed  by  the  govern- 
ment on  the  builders,  who  have  already  consented,  in  writing,  to  abide  by  these  con- 
ditions. 

I  am,  &c, 

(Signed)  *  S.  PRICK  EDWARDS. 


No.  84. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  September  29, 1863.    (Received  September  29.) 

My  Lord  :  I  have  the  honor  to  acknowledge  the  reception  of  your 
note  of  the  25th  instant.  I  shall  take  pleasure  in  transmitting  a  copy  to 
my  Government. 


BRITISH    CASE    AND    PAPERS.  439 

I  must  pray  your  lordship's  pardon  if  I  confess  myself  at  a  loss  to 
perceive  what  portions  of  my  late  correspondence  could  justify  the  im- 
plications to  which  you  refer.  So  far  from  intimating  "  hostile  pro- 
ceedings toward  Great  Britain  unless  the  law  which  I  consider  as  in- 
sufficient is  altered,"  the  burden  of  my  argument  was  to  urge  a  reliance 
upon  the  law  as  sufficient,  as  well  from  the  past  experience  of  the 
United  States  as  from  the  confidence  expressed  in  it  by  the  most  emi- 
nent authority  in  the  kingdom. 

Neither  do  I  find  any  ground  for  the  other  implication.  It  is  very 
true  that  I  have  deeply,  regretted  the  supposition  that  Her  Majesty's 
government  should  admit  itself  powerless  to  execute  any  of  those  obli- 
gations which  are  recognized  by  the  consent  of  civilized  nations,  as  well 
as  the  faith  of  treaties  to  be  binding  equally  upon  all ;  and  I  have  taken 
the  liberty  to  point  out  the  consequences  which  follow  that  inability, 
in  the  absolute  necessity  imposed  upon  an  aggrieved  party  to  defend 
itself  from  the  worst  of  injuries.  This  is  the  principle  which  I  have 
been  directed  to  maintain,  not  from  any  idea  of  presenting  any  form  of 
condition  whatever  to  Her  Majesty's  government,  but  from  a  confident 
expectation  that  an  address  to  its  sense  of  right  may  avail  to  gain  for 
the  United  States  exactly  the  same  measure  of  justice  which  it  would 
expect  from  that  country  in  return  were  the  respective  situations  re- 
versed. 

If  in  any  respect  I  have  appeared  to  transgress  the  line  of  argument 
here  laid  down,  I  pray  your  lordship  to  consider  the  fault  as  one  not  of 
intention  on  my  part,  and  not  at  all  belonging  to  my  Government. 

In  transmitting  your  lordship's  note  without  further  comment,  I 
shall  hope  to  be  able  to  submit  the  question  in  what  degree  its  senti- 
ments may  have  been  in  any  particular  misinterpreted  by  me. 

I  trust  that  it  is  unnecessary  for  me  to  ni^ke  any  assurances 
[379]    to  your   lordship  of  *  the  earnestness  with  which  I  have  ever 
striven  to  maintain  to  the  utmost  of  my  power  the  relations  of 
amity  and  good- will  between  the  two  countries. 
I  pray,  &c, 
(Signed)  CHAELES  FRANCIS  ADAMS. 


#  No.  85. 

Mr,  IStuart  to  Earl  Russell. 

Washington,  September  8,  1863.  (Received  September  30.) 
My  Lord:  As  Mr.  Seward  was  absent  at  a  cabinet  council,  which 
might  detain  him  for  some  hours,  when  I  called  at  the  State  Department 
shortly  after  the  arrival  of  the  mail  from  Europe  this  morning,  I  saw  Mr. 
Frederick  Seward,  the  Assistant  Secretary  of  State,  and  told  him  that  I 
was  authorized  to  inform  him,  confidentially,  that  orders  had  been  issued, 
on  the  5th  instant,  by  Her  Majesty's  government,  to  prevent  the  de- 
parture from  the  Mersey  of  the  two  iron-clad  steamers  which  were  sup- 
posed to  be  intended  for  the  service  of  the  government  of  the  so-called 
Confederate  States. 

I  stated  that  these  orders  had  been  issued  previously  to  the  receipt  by 
your  lordship  of  Mr.  Adams's  note  of  the  same  date,  and  I  further  begged 
him  to  inform  Mr.  Seward  that  Her  Majesty's  government  had  ordered 
the  detention  of  the  vessels  in  question  at  their  own  risk,  although  there 
was  some  reason  to  believe  that  they  had  been  built  upon  an  order 


440  TREATY    OF    WASHINGTON. 

neither  proceeding  from  nor  connected  with  the  confederate  government; 
that  it  might  possibly  have  latterly  been  intended  to  transfer  them  to 
that  government,  but  that,  even  if  such  was  the  case,  there  may  be  dif- 
ficulty in  obtaining  any  legal  proof  thereof. 

I  added  that  it  was  the  determination  of  Her  Majesty's  government  to 
do  whatever  may  be  advised  by  legal  authority  to  be  proper  and  justifi- 
able for  the  enforcement  of  the  municipal  law. 

I  have,  &c, 

(Signed)  W.  STUAKT. 


No.  86s 
Earl  Russell  to  Mr.  Colquhoun. 

[Telegraphic] 

Foreign  Office,  October  1, 1863. 

In  answer  to  offers  made  for  the  purchase  of  the  iron-clad  vessels,  M. 
Bravay  declared  that  he  was  bound  by  his  last  arrangement  with  the 
present  Pasha  of  Egypt  not  to  sell  them  until  the  designs  or  even  the 
vessels  themselves  had  been  presented  to  the  Pasha  for  his  final  approval 
or  rejection.  He  states,  moreover,  that  the  Pasha  had  promised  to  use 
all  his  influence  to  induce  the  Porte  to  purchase  them  if  he  declined  to 
take  them  himself. 

Ascertain  what  is  the  state  of  the  case. 


No.  87. 

Earl  Russell  to  Lord  Napier.1 

[Telegraphic.] 

Foreign  Office,  October  1, 1863. 

M.  Bravay,  of  Paris,  the  ostensible  owner  of  the  iron-clad  steam -vessels 
now  building  at  Liverpool,  states  that  he  has  received  an  offer  from  the 
Bussian  and  Danish  governments  for  the  purchase  of  those  vessels. 

Please  ascertain  immediately  whether  any  such  offer  has  been  made, 
and,  if  so,  what  answer  has  been  received  from  M.  Bravay. 


[380]  *]STo.  88. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  2, 1863.    (Keceived  October  2.) 
Sir:  I  am  commanded  by  the  lords  commissioners  of  the  admiralty  to 
transmit  herewith  copy  of  a  letter  from  M.  Bravay  &  Co.,  requesting 
permission  for  the  completion  of  the  two  iron-clad  steamers  building  at 

1  A  similar  telegram  was  addressed  to  Sir  A.  Paget. 


BRITISH    CASE    AND    PAPERS.  441 

Birkenhead,  in  the  yard  of  Messrs.  Laird,  and  I  am  to  state,  for  the  in- 
formation of  Earl  Kussell,  that  my  lords  have  taken  no  step  to  hinder  the 
completion  of  the  two  vessels  in  question. 

All  that  has  been  done,  as  Lord  Eussell  is  aware,  is  that  orders  were 
sent  to  Bear- Admiral  Dacres  to  put  on  board  one  of  these  vessels  about 
to  make  a  trial-trip,  with  the  consent  of  Messrs.  Laird,  a  sufficient  force 
of  seamen  and  marines  to  insure  her  return  to  port  after  the  trial.  These 
orders  were  continued  to  the  captain  of  the  Liverpool  frigate ;  and  now 
that  she  has  been  ordered  to  leave  the  Mersey,  the  same  orders  have 
been  given  to  the  captain  of  the  Majestic. 

My  lords  have  not  sent  any  answer  to  Messrs.  Bravay,  but  they  pro- 
pose to  inform  them  to  the  above  effect. 
I  am,  &c, 
(Signed)  W.  G.  KOMAINE- 


[In  closure  in  No.  88.] 
Messrs.  Bravay  $•  Co.  to  the  lords  commissioners  of  Hie  admiralty. 

Milords  :  M.  le  capitaine  Hore,  attache  a  Pambassade  de  Sa  Majeste"  Britannique  a 
Paris,  s'est  presentd  chez  nous  pour  nous  demander  quelques  explications  au  sujet  de 
deux  navires  cuirasses,  que  nous  faisons  construire  a  Birkenhead  dans  les  atelierskde 
MM.  Laird  freres. 

Le  gouvernement  anglais  ayant  concu  quelques  sou  peons  que  ces  navires 
pourraient  avoir  une  autre  destination  que  l'Egypte,  nous  nous  sommes  empresses  de 
donner  non-seulement  les  explications  demandees,  mais  nous  avons  loyaleinent  offert 
les  preuves,  par  nos  livres  et  autres  documents,  que  ces  navires  sont  pour  le  gouverne- 
ment egyptien,  et  nous  avons  la  ferme  confiance  que  sa  conviction  a  6te  complete  a  cet 
egard. 

Nous  venons  vous  prier,  MM.  les  Lords,  de  nous  permettre  de  completer  Parmeinent 
de  nos  navires,  et  de  vouloir  bien  donner  des  ordres  en  consequence,  vu  leur  e"tat 
d'achevement,  pour  qu'aucun  retard  ne  soit  apporte"  a  leur  libre  et  prompte  execution. 
Veuillez,  &c, 
(Signe")  BRAVAY  &  CLE., 

6  Rue  de  Londres. 


Ko.  89. 
Mr,  Grey  to  Earl  Russell. 

Paris,  October  2, 1863.    (Eeceived  October  3.) 

My  Lord  :  I  have  the  honor  to  transmit  herewith  to  your  lordship  a 
dispatch  from  Captain  Hore,  of  this  day's  date,  reporting  his  conversa- 
tion with  M.  Bravay  on  the  subject  of  the  iron-clad  vessels  built  at 
Birkenhead. 

I  have,  &c, 

(Signed)  W.  G.  GEEY. 


[Inclosure  in  No.  89.] 

Captain  Hore,  R.  JV".,  to  Mr.  Grey. 

Paris,  October  %  1863. 

Sir  :  I  have  had  another  conversation  with  M.  Bravay;  he  insists  that  his  connection 

with  the  iron-clad  vessels  at  Liverpool  is  bona  fide.     He  refuses  to  treat  with 

£381]  any  one  *for  the  sale  of  them  until  the  Pasha  of  Egypt  refuses  to  receive  them  at 

Alexandria.    If  the  Pasha  does  refuse  them,  he  then  would  be  ready  to  sell  to 

the  power  that  would  give  him  most  money,  he  being  a  merchant,  and  not  a  politician. 


442  TEEATY    OF    WASHINGTON. 

He  says  he  can  and  will,  if  necessary,  prove  his  claim  and  right  to  send  them  to  Alex- 
andria, and  it  is  indifferent  to  him  what  meaus  Her  Majesty's  government  may  take 
to  ascertain  their  destination,  even  to  the  point  of  convoying  them. 

He  showed  me  the  answer  he  wrote  to  Messrs  Laird,  dated  30th  September,  who  in- 
formed him  that  the  treasury  had  refused  to  permit  the  trial  to  take  place  without  the 
presence  of  an  armed  force  on  board  to  prevent  any  coup  de  main  against  them  being 
attempted. 

The  captain  and  chief  engineer  were  in  M.  Bravay's  house  while  I  was  there.  They 
start  to-morrow  for  Liverpool. 

He  told  me  that  Nubar  Pasha  could  furnish  a  copy  of  the  list  of  the  articles  that  he 
has  agreed  to  furnish  to  the  present  Pasha. 

From  M.  Bravay's  manner  I  believe  his  great  desire  is  to  get  the  vessels  clear,  and  I 
think  he  is  determined  to  do  so  by  all  possible  means. 
I  have,  &c, 
(Signed)  E.  HOKE. 


No.  90. 

Sir  A.  Paget  to  Earl  Russell, 

[Telegraphic.] 

Copenhagen,  October  3, 1863 — 3  p.  in. 

(Received  October  3 — 5.45  p.  m.) 

The  Banish  government  inform  me  that  they  have  had  no  communica- 
tion whatever  with  M.  Bravay.  Minister  of  marine  desired  his  agent  in 
England  to  ascertain  if  the  iron-clads  were  for  sale,  and  the  reply  of  the 
builders  was  in  the  negative. 

I  am  told,  however,  that  an  English  gentleman  called  to-day  on  the 
minister  of  marine  and  inquired  if  he  was  still  disposed  to  buy  the  ships. 
He  said  that,  in  that  case,  as  he  was  going  to  Paris,  he  would  speak  to 
M.  Bravay  on  the  subject.  The  minister  of  marine  did  not  give  a  posi- 
tive answer,  but  he  is  going  to  see  the  gentleman  again,  and  seems 
inclined  to  purchase  the  vessels. 


No.  91. 
Lord  Napier  to  Earl  liussell. 

[Telegraphic] 

St.  Petersburg,  October  3, 1863.    ( Received  October  3.) 
Prince  Gortchakoff  assures  me  that  the  Russian'  government  have  no 
dea  whatever  of  purchasing  the  vessels  referred  to  in  your  telegram. 


No.  92. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  4, 1863. 
Sir:  I  have  laid  before  Earl  Russell  your  letter  of  the  2d  instant, 
inclosing  a  copy  of  a  letter  from  Messrs.  Bravay  &  Co.,  asserting  that 
they  are  the  proprietors  of  the  iron  dads  now  constructing  by  Messrs. 


BRITISH    CASE    AND    PAPERS.  443 

Laird,  of  Birkenhead,  and  requesting  the  permission  of  the  board  of 
admiralty  to  complete  them  ;  and  I  am  to  request  that  you  will  state  to 
the  lords  commissioners  of  the  admiralty  that  Lord  Russell  is  of  opinion 
that  their  lordships'  answer  to  Messrs.  Bravay  &  Co.  should  be  confined 
to  referring  them  to  the  secretary  of  state  for  foreign  affairs  as  the 
authority  to  whom  they  should  address  any  communication  which  they 
may  wish  to  make  to  Her  Majesty's  government  on  the  subject  of  those 
vessels. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


1 382]  *No.  93. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  October  5, 1803. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the 
29th  September,  in  answer  to  mine  of  the  25th  of  that  month,  and  I  am 
very  glad  to  find  that  I  had  misunderstood  you,  and  that  the  passages 
in  your  correspondence  which  had  led  to  my  observations  were  merely 
intended  by  you  to  express  your  confidence  that  the  sense  of  right  on 
the  part  of  Her  Majesty's  government  would  avail  to  gain  for  the  United 
States  exactly  the  same  measure  of  justice  which  it  would  expect  from 
the  United  States  in  return,  were  the  respective  situations  reversed. 
I  am,  &c, 
'Signed)  EUSSELL. 


No.  94. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  5,  1863.  (Received  October  5.) 
Sir  :  With  reference  to  your  letter  of  yesterday,  I  am  commanded  by 
my  lords  commissioners  of  the  admiralty  to  send  you  herewith  copy  of 
the  letter  of  this  day  addressed  to  Messrs.  Bravay,  the  alleged  owners 
of  the  two  iron-clad  vessels  under  construction  by  Messrs.  Laird,  at 
Birkenhead,  in  answer  to  their  application  to  be  allowed  to  complete 
the  vessels. 

A  duplicate  of  the  letter  to  Messrs.  Bravay  is  inclosed,  with  the  view 
to  its  being  forwarded  to  the  care  of  Captain  Hore,  in  Paris,  if  thought 
proper. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[In closure  in  No.  94. J 

The  secretary  to  the  admiralty  to  Messrs.  Bravay  §•  Co. 

Admijralty,  October  5,  1863. 
Gentlemen  :  Having  laid  before  my  lords  commissioners  of  the  admiralty  your  letter, 
without  date  or  address,  stating  that  you  are  the  proprietors  of  the  two  iron-clad  ves- 
sels under  construction  by  Messrs.  Laird,  of  Birkenhead,  and  requesting  the  permission 
of  the  board  of  admiralty  to  complete  them,  I  am  commanded  by  their  lordships  to 


444  TREATY    OF    WASHINGTON. 

acquaint  you  that  the  secretary  of  state  for  foreign  affairs  is  the  authority  to  whom  you 
should  address  any  communication  that  you  may  wish  to  make  to  Her  Majesty's  gov- 
ernment on  the  subject  of  these  vessels. 

Not  knowing  your  address,  this  letter  will  he  sent  to  the  care  of  Messrs.  Laird,  at 
Birkenhead. 

I  am,  &c, 

(Signed)  W.  G.  EOMAINE. 


UTo.  95. 

The  secretary  to  the  admiralty  to  3fr.  Hammond. 

Admiralty,  October  5,  1863.    (Received  October  5.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  this  day  addressed  to  the  senior  officer  of  Her  Majesty's  ships  at 
Liverpool,  directing  him  to  render  assistance  to  the  custom-house  officers 
to  compel  the  detention  of  the  iron-clad  vessels  building  by  Messrs. 
Laird,  at  Birkenhead,  if  called  upon  by  the  said  officers  to  do  so. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 

1 383 1  *[Inclosure  in  No.  95.  ] 

The  secretary  to  the  admiralty  to  Captain  Inglefield. 

Admiralty,  October  5,  1863. 
Sir  :  I  am  commanded  hy  my  lords  commissioners  of  the  admiralty  to  acquaint  you 
that  they  have  been  informed  that  a  crew  of  sixty  men,  supposed  to  he  intended  for 
one  of  the  iron -clad  vessels  building  in  the  yard  of  Messrs.  Laird,  at  Birkenhead,  is 
collected  at  Liverpool  or  Birkenhead ;  that  a  captain  and  chief  engineer  for  one  of 
these  ships  have  also  arrived  at  Liverpool,  and  that  it  is  possible  some  attempt  may 
be  made  to  get  one  of  these  vessels  to  sea. 

The  custom-house  officers  have  received  orders,  under  certain  specified  circumstances, 
to  detain  either  or  both  of  these  vessels. 

Should  you  be  called  upon  by  the  custom-house  officers  for  assistance  to  enable 
them  to  compel  the  detention  of  the  vessels,  my  lords  desire  that  you  will  at  once  ren- 
der it. 

I  am,  &c. 

(Signed)  W.  G.  ROMAINE. 


No.  96. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  7,  18G3.  (Eeceived  October  7.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Eussell,  a  copy  of  a 
letter,  dated  the  6th  instant,  from  Captain  Inglefield,  the  senior  officer 
of  Her  Majesty's  ships  at  Liverpool,  relative  to  the  iron-clad  vessels 
built  by  Messrs.  Laird,  at  Birkenhead. 

My  lords  request  to  be  furnished  with  clear  instructions  as  to  the 
answer  to  be  given  to  the  questions  asked  by  Captain  Inglefield,  viz  : 
If  he  is  to  be  held  responsible  for  the  detention  of  the  iron-clads  in  the 
Mersey  until  formal  permission  shall  have  been  granted  by  the  admi- 
ralty for  their  departure ;  and,  should  this  be  so,  whether,  in  case  the 
vessels  should  appear  in  the  Mersey  under  French  colors,  he  is  to  con- 


BRITISH   CASE   AND   PAPERS.  445> 

aider  tliem  still  under  the  same  restrictions  as  when  virtually  in  the 
hands  of  an  English  ship-builder. 

A  copy  of  Captain  Inglefield's  letter  has  also  been  sent  to  the  treas- 
ury. 

I  am,  &c, 

(Signed)  W.  G.  KOMAINE. 


flnclosure  in  Xo.  96.] 

Captain  Inglefield  to  Commodore  Byder. 

Majestic,  Bock  Ferry,  October  6,  1863. 
Sir  :  With  a  view  toward  carrying  out  the  confidential  instructions  you  forwarded 
to  me  from  the  secretary  of  the  admiralty  on  the  3d  instant,  and  in  compliance 
with  a  telegram  received  hy  the  collector  of  customs  on  the  5th  instant,  by  which  he 
is  directed  to  communicate  with  the  naval  authorities  at  this  port  in  the  matter  of  the 
iron-clads,  I  have  this  morning  had  an  interview  with  Mr.  Stewart,  assistant  collector,, 
who  is  officiating  for  Mr.  Price  Edwards  during  his  absence  on  leave. 
The  following  facts  present  themselves  : 

1st.  .From  an  inspection  I  made  yesterday  of  the  iron-clad  now  in  the  great  float  and 
rapidly  preparing  for  sea,  I  have  arrived  at  the  conclusion  that,  though  not  complete 
in  her  equipment,  she  is  nevertheless  in  a  sufficiently  forward  state  to  be  quite  availa- 
ble for  tha  service  for  which  it  is  presumed  she  is  destined,  and  at  any  moment  she 
might  become  the  property  of  those  for  whom  she  is  ordered ;  she  has,  moreover,  about 
120  tons  of  coal  on  board. 

2dly.  I  find  that  neither  existing  orders  nor  the  rules  of  the  port  preclude  this  ves- 
sel from  coming  out  of  the  great  float  (at  any  time  between  half  flood  and  half  ebb) 
with  the  nominal  intention  of  anchoring  in  the  stream  or  mooring  round  Messrs. 

Lairds'  fitting-basin. 
[384]       *3dly.  Upon  the  best  authority  I  know  that  the  custom  of  the  Messrs.  Laird,  as 
regards  the  delivery  of  a  vessel  ordered  from  their  firm  is  to  transfer  such  a  ves- 
sel to  the  owners  on  payment  of  the  contract  price  "when  the  vessel  is  anchored  in  the 
Mersey. 

4thly.  Under  these  circumstances,  I  conceive  the  possibility,  where  such  large  interests 
are  at  stake,  that  an  attempt  might  be  made  to  carry  the  vessel  in  question  out  of 
British  waters  by  force  ;  and,  as  far  as  I  can  learn,  no  infringement  of  the  port  regula- 
tions would  be  caused  thereby,  excepting  such  as  was  with  impunity  incurred  by  the 
Alabama,  and  then  the  object  anticipated  in  the  letter  of  the  19th  September,  from 
Mr.  Hammond  to  the  secretary  of  the  treasury,  would  be  carried  out. 

The  custom-house  authorities  having  placed  their  means  entirely  at  my  disposal,  I 
have  organized  a  system  of  espionage  which  cannot  fail  to  give  me  the  earliest  in- 
formation of  any  movement  on  the  part  of  the  iron-clad  vessel  in  question. 

If  fully  authorized  by  sufficiently  defined  instructions  I  have  no  difficulty  in  pro- 
posing or  carrying  out  measures  to  intercept  any  design  such  as  I  have  suggested  ;  but 
as  the  orders  under  which  I  am  now  acting  bear  entirely  upon  the  question  of  the  trial 
trip,  (which  I  am  given  to  understand  is  now  abandoned,)  I  find  myself  forced  to  act 
upon  what  I  presume  to  be  the  spirit  of  the  orders  first  issued  to  Admiral  Dacres,  or 
else  to  ignore  any  movement  of  the  iron-clad  if  not  with  the  avowed  intention  of  pro- 
ceeding on  a  trial  trip. 

Under  these  circumstances,  I  have  to  request  that  you  will  be  pleased  to  inform 
me — 

First.  If  I  am  held  responsible  for  the  detention  of  the  iron-clad  in  the  Mersey  until 
formal  permission  shall  have  been  granted  by  the  admiralty  for  her  departure ;  and, 

Secondly.  Should  this  be  the  intention  of  my  lords  commissioners  of  the  admiralty, 
whether,  in  case  the  vessel  should  appear  in  the  Mersey  under  French  colors,  I  am  to 
consider  her  still  under  the  same  restrictions  as  when  virtually  in  the  hands  of  an 
English  ship-builder. 
I  have,  &c, 
(Signed)  ,  E.  A.  INGLEFIELD. 

P.  S. — The  letter,  October  5,  has  just  arrived  by  evening  delivery  as  post  is  going 
out. 

E.  A.  I. 


446  TREATY    OF   WASHINGTON. 

Xo.  97. 
Mr,  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  October  7, 1863. 

Sir  :  It  appears,  by  a  letter  from  Captain  Inglefield,  of  Her  Majesty's 
ship  Majestic,  dated  yesterday,  of  which  a  copy  has  been  transmitted 
to  this  office  as  well  as  to  the  board  of  treasury  by  the  secretary  to  the 
admiralty,  that  the  iron-clad  now  building  by  Messrs.  Laird,  at  Birken- 
head, is  in  such  a  state  of  forwardness  as  to  her  equipment,  and  has  on 
board,  moreover,  such  a  large  quantity  of  coal,  as  to  render  her  imme- 
diately available  for  being  placed  beyond  British  jurisdiction,  while  the 
regulations  and  practice  of  the  port  of  Liverpool  are  such  as  to  offer 
no  impediment  to  her  being  suddenly  moved  into  the  river,  where  she 
might  be  passed  out  of  the  hands  of  Messrs.  Laird. 

There  is  reason  to  suppose,  moreover,  that  the  works  for  completing 
the  vessel,  which  it  is  understood  had  been  relaxed  for  a  time,  have  re- 
cently been  pushed  forward  with  great  activity,  and  it  is  known,  from 
Captain  Hore's  report  of  the  2d  of  October,  of  which  a  copy  was 
transmitted  to  you  in  my  letter  of  the  following  day,  that  the  captain 
and  chief  engineer  of  the  vessel  were  about  to  leave  Paris  on  the  3d 
for  Liverpool. 

The  presence  in  Liverpool  of  a  large  body  of  men,  ostensibly  dis- 
charged from  the  Florida,  cannot  be  left  out  of  sight  in  deciding  upon 
the  course  which  should  be  taken  under  existing  circumstances. 

Taking  all  these  matters  into  consideration,  and  having  reference  also 
to  the  admitted  fact  that  the  two  vessels  now  building  by  Messrs. 
Laird,  of  which  that  now  specially  referred  to  is  one,  were  orignally 
[385]  contracted  to  be  built  by  that  firm  for  *  Captain  Bullock,  who  is 
well  known  to  be  employed  by  the  so-called  Confederate  States 
in  similar  transactions,  Lord  Kussell  cannot  hesitate  to  recommend 
to  the  lords  commissioners  of  Her  Majesty's  treasury  that  orders 
should  be  at  once  sent  to  the  custom-house  authorities  at  Liver- 
pool to  place  on  board  the  vessel,  whose  intended  trial  has  formed  the 
subject  of  previous  communication  with  Messrs.  Laird,  a  duly  quali- 
fied officer  of  the  customs,  with  authority  at  once  to  seize  her  on  be- 
half of  the  Crown  if  an  attempt  should  be  made  to  get  up  steam  on 
board  her  or  to  remove  her  from  the  float  or  dock  in  which  she  is  now 
placed  into  the  river,  where  facilities  for  running  away  with  her  appear 
to  be  so  easy. 

After  the  assurances  given  repeatedly  by  Messrs.  Laird,  it  is  hardly  to 
be  anticipated  that  those  gentlemen  would  offer  any  objection  to  the 
presence  of  a  custom-house  officer  on  board,  even  without  the  vessel 
being  actually  placed  under  seizure ;  but  if  the  case  should  be  other- 
wise, there  is  no  other  alternative  but  that  of  at  once  proceeding  to 
seizure. 

The  custom-house  authorities  will  of  course  communicate  with  Cap- 
tain Inglefield,  of  Her  Majesty's  ship  Majestic,  as  to  their  proceedings, 
in  order  that  that  officer  may  be  prepared  to  support  them  in  case  of 
need,  in  pursuance  of  the  instructions  which,  as  the  board  of  treasury 
is  aware,  he  has  received  from  the  admiralty. 
I  am,  &c, 
(Signed)  E.  HAMMOKD. 


BRITISH    CASE    AND    PAPERS.  447 

No.  98. 
Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  7, 1863. 

Sir  :  With,  reference  to  your  letter  of  this  day's  date,  inclosing  a  copy 
of  a  letter  from  Captain  Inglefield,  of  Her  Majesty's  ship  Majestic, 
respecting  the  iron-clad  steam -vessel  now  in  course  of  construction  by 
Messrs.  Laird,  of  Birkenhead,  I  am  directed  by  Earl  Russell  to  trans- 
mit to  you  herewith,  to  be  laid  before  the  lords  commissioners  of  the 
admiralty,  a  copy  of  a  letter  which  I  have  addressed  to  the  secretary  of 
the  treasury,1  respecting  the  course  to  be  pursued  in  regard  to  that 
vessel. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  99. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  7,  1863.    (Received  October  7, 1863.) 

Sir  :  I  am  commanded  ,by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  information  of  Earl  Russell,  the  in- 
closed copy  of  a  letter  from  the  commissioner  of  customs,  dated  the  7th 
October,  and  of  its  inclosure,  further  respecting  the  iron-clad  vessels 
building  at  Liverpool. 
I  am,  &c, 
•     (Signed)  GEO.  A.  HAMILTON. 


|  Enclosure  1  in  No.  99-1 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  October  7,  1863. 

Sir  :  With  reference  to  my  letter  of  yesterday's  date  respecting  the  iron-clad  vessels 
at  Birkenhead,  I  am  directed  to  transmit  to  you,  for  the  information  of  the  lords  com- 
missioners of  Her  Majesty's  treasury,  the  inclosed  copy  of  a  report  which  has  just  (10 
minutes  past  1)  been  received  from  the  assistant  collector  of  this  revenue  at  Liverpool, 
stating  his  proceedings  in  consequence  of  the  telegram  sent  to  him  by  the  deputy 
chairman  of  this  board  on  the  evening  of  the  6th  instant. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


[:586"|  *[  Enclosure  2  in  No.  99.] 

Mr. Stewart  to  the  commissioners  of  custom*. 

Custom-House,  Liverpool,  October  6,  1863. 

Honorable  Sirs  :  In  accordance  ^with  the  telegram  received  from  the  deputy 
chairman  last  night,  stating  the  government  has  received  fresh  information  about  iron- 
olads  ("  admiralty  has  sent  orders  to  naval  authorities  at  your  port ;  communicate 
with  them  and  act  with  them  kin  the  matter,")  and  which  (the  collector  having  left 

itfo.  97. 


448  TREATY    OF   WASHINGTON. 

town  previous  to  its  arrival)  was  forwarded  to  me,  I  communicated  with  Captain  Ingle- 
field, the  senior  naval  officer  here,  in  command  of  the  Majestic,  and  he  called  upon  me 
this  morning,  to  request  he  might  he  informed  immediately  the  customs-officers  saw 
reason  to  suppose  the  iron-clad  vessel  was  ahout  to  remove  from  her  present  position,  as  he 
thought  it  possible  an  attempt  might  he  made  to  take  her  forcibly  out  of  the  river.  I 
have  accordingly  arranged  that  a  customs-boat  should  remain  for  the  present  at  the 
Birkenhead  side  of  the  river,  in  order  that  the  information  required  might  be  for- 
warded to  Captain  Inglefield  with  the  least  possible  delay. 

Respectfullv,  &c, 

(Signed)  W.  G.  STEWART. 


No.  100. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  7, 1863.     (Eeceived  October  7.) 
Sir  :  With  reference  to  your  letter  of  this  day,  recornm ending  that 
an  officer  of  the  customs  should  be  placed  on  board  one  of  the  iron-clad 
vessels  at  Birkenhead,  with  authority  to  seize  her  on  behalf  of  the 
Crown  in  case  any  attempt  should  be  made  to  get  up  steam,  or  to  re- 
move her  from  the  float  or  dock  where  she  now  is,  I  am  commanded  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Eussell,  copies  of  the  letters  which  have,  in 
consequence,  by  order  of  their  lordships,  been  addressed  to  the  com- 
missioners of  customs  and  to  the  Messrs.  Laird. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[In  closure  1  in  No.  100.] 
Mr.  Hamilton  to  the  commissioners  of  customs. 

Treasury  Chambers,  October  7,  1863. 

Gentlemen  :  With  reference  to  the  previous  correspondence  respecting  the  iron- 
clad vessels  building  at  Birkenhead,  I  am  desired  by  the  lords  commissioners  of  Her 
Majesty's  treasury  to  transmit  herewith  a  copy  of  a  letter  from  the  foreign  office  of 
this  day's  date,  and  I  am  to  inform  you  that  my  lords  authorize  and  direct  you  accord- 
ingly to  have  one  or  more  duly  qualified  officers  of  your  department  placed  at  once  on 
board  the  iron-clad  vessel  referred  to,  with  authority  to  seize  her  on  behalf  of  the  Crown 
if  any  attempt  should  be  made  to  get  up  steam  on  board  her,  or  to  remove  her  irom  the 
float  or  dock  in  which  she  is  now  i>laced  in  the  river,  where  facilities  for  running  away 
with  her  appear  to  be  so  easy. 

I  am  also  to  inform  you  that  the  lords  commissioners  of  the  admiralty  have  given 
directions  to  Captain  Inglefield,  of  Her  Majesty's  ship  Majestic,  to  afford  xirotection 
and  support  to  the  officers  of  your  department  in  the  performance  of  their  duty,  either 
in  seizing  the  vessel  or  in  preventing  any  attempt  at  her  forcible  abduction  ;  and  I 
am  to  request  that  you  will  give  the  officers  of  your  department  at  Liverpool  directions 
accordingly. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[387]  -[Inclosure  2  in  Ho.  100.] 

Mr.  Hamilton  to  Messrs.  Laird  Brothers. 

Treasury  Chambers,  October  7,  1863. 
Gentlemen  :  Eeferring  to  your  ready  acceptance  of  the  offer  of  Her  Majesty's 
government  to  prevent  any  attempt  at  the  forcible  abduction  of  your  property,  the 
iron-clad  vessel  now  nearly  completed  at  Birkenhead,  and  understanding  that  the  trial- 
trip  which  has  been  the  subject  of  former  correspondence  has  been  abandoned,  I  am 


BKITLSH    CASE    AND     PAPERS.  449 

directed  by  the  lords  commissioners  of  Her  Majesty's  treasury  to  inform  you  that  from 
information  which  has  been  received  it  has  become  necessary  to  take  additional  means 
for  preventing  any  such  attempt.  ( 

Their  lordships  have,  therefore,  given  instructions  that  a  custom-house  officer  should 
be  placed  on  board  that  vessel,  with  fall  authority  to  seize  her  on  behalf  of  the 
Crown,  in  the  event  of  any  attempt  being  made  to  remove  her  from  the  float  or  dock 
where  she  is  at  present,  unless  under  farther  directions  from  their  lordships,  and  like- 
wise to  obtain  from  the  officer  in  command  of  Her  Majesty's  ship  M  ajestic  any  protec- 
tion which  may  become  necessary  to  support  him  in  the  execution  of  this  duty. 

My  lords  request  you  to  understand  that  these  precautions  are  taken,  not  from  any 
distrust  of  your  intention  to  fulfill  your  engagement  of  giving  a  week's  notice  before 
the  removal  of  the  vessel,  nor  with  the  view  of  interfering  in  any  way  with  your 
workmen  in  the  completion  of  her,  bat  exclusively  for  the  purpose  of  preventing  an 
attempt  which  may  be  made  by  other  parties  to  nullify  your  honorable  engagement. 

Their  lordships  have  directed  Mr.  Stewart,  the  assistant  collector,  to  communicate 
with  you,  and  they  doubt  not  that  these  precautions  will  meet  with  your  con- 
currence. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


No.  101. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,. October  8,  1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  submit, 
for  the  consideration  of  the  lords  commissioners  of  Her  Majesty's 
treasury,  with  reference  to  my  letter  of  yesterday,  whether,  in  order  to 
provide  for  the  contingency,  however  improbable,  of  any  doubt  being 
entertained  by  the  custom-house  authorities  at  Liverpool  as  to  the 
course  they  should  pursue  in  giving  effect  to  their  instructions,  it  might 
not  be  advisable  to  send  them  by  telegraph  a  further  instruction  to  the 
effect  that  if  they  feel  any  doubt  as  to  the  precise  meaning  of  the  in- 
struction sent  yesterday  evening,  and  confirmed  by  telegraph  this 
morning,  in  regard  to  the  time  at  which  and  the  circumstances  under 
which  they  would  be  justified,  under  that  instruction,  in  effecting  the 
seizure  of  the  iron-clad,  such  doubt  is  to  be  determined  in  favor  of  im- 
mediate seizure,  it  being  the  determination  of  Her  Majesty's  government 
that  the  vessel  shall  not  be  carried  off  and  that  every  precaution  shall 
be  taken  to  prevent  the  possibility  of  her  being  so. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  102. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  8, 1863.    (Eeceived  October  8.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
telegram  just  received  from  Captain  Inglefield  respecting  the  iron-clad 
vessel  built  by  Messrs.  Laird  at  Birkenhead. 
Copy  also  sent  to  treasury. 
I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 

H.  Ex.  282.  vol.  ii 29 


450  TREATY    OF    WASHINGTON. 

[388]  *  f  Inclosure  in  No.  102.] 

Captain  Inglefield  to  the  secretary  to  the  admiralty. 

[Telegraphic] 

Majestic,  October  — ,  1863. 
Have  received  private  information.    Number  of  men  are  ready  for  secret  service ; 
tow-lines  are  placed  on  board. 

Shall  I  move  Liverpool  or  gun-boat  to  the  entrance  of  the  great  float  ?    Collector 
coincides. 


No.  103. 

Mr.  Hammond  to  the  secretary  to  tJw  treasury. 

Foreign  Office,  October  8,  1863. 
Sir  :  With  reference  to  my  letter  of  yesterday  evening  and  of  this 
morning  respecting  the  iron-clad  at  Liverpool,  I  am  directed  by  Earl 
Russell  to  request  that  you  will  move  the  lords  commissioners  of  Her 
Majesty's  treasury  to  give  directions  that  the  vessel  in  question  may  be 
seized  to  day. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  104. 
Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  8,  1863.    (Received  October  8.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  inform  you  that  immediately  on  the  receipt  of  your  letter 
dated  2.15  p.  m.  this  day,  a  copy  of  it  was  transmitted  to  the  commis- 
sioners of  customs,  with  authority  and  instructions  to  have  the  seizure 
of  the  vessel  therein  referred  to  effected  accordingly. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


No.  105. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  8,  1863. 
Sir:  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaint  the 
lords  commissioners  of  the  admiralty,  in  reply  to  your  letter  of  this  day, 
that  a  letter,  of  which  the  inclosed  is  a  copy,1  has  been  this  day  addressed 
to  the  board  of  treasury,  requesting  that  directions  may  be  given  for  the 
immedia  e  seizure  of  the  iron-clad,  and  Lord  Russell  concludes  that 
under  the  authority  already  given  to  Captain  Inglefield  that  officer  will 
be  prepared  to  take  whatever  steps  may  be  necessary  to  support  the 
officer  of  customs  in  effecting  and  maintaining  the  seizure. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

JJSo.  101. 


BRITISH    CASE    AND    PAPERS.  451 

No.  106. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  October  8,  1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaint 
the  lords  commissioners  of  Her  Majesty's  treasury  that  on  the  receipt 
from  the  board  of  admiralty  of  the  telegram  from  Captain  Ingle- 
[389]    field,  of  which  a  copy  has  also  been  sent  *to  the  treasury,  I  ad- 
dressed to  the  secretary  of  the  admiralty  a  letter,  of  which  the 
inclosed  is  a  copy.1 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  107. 

The'secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  8, 1863.     (Received  October  8.) 
Sir:  In  reply  to  your  letter  of  this  day,  I  am  commanded  by  my 
lords  commisssoners  of  the  admiralty  to  acquaint  yon,  for  the  informa- 
tion of  Earl  Russell,  that  the  following  telegram  has  been  sent  to  Cap- 
tain Inglefield,  of  Her  Majesty's  ship  Majestic,  Liverpool,  viz: 

Orders  have  been  given  to  the  officers  of  customs  to  seize  the  vessel.    Take  neces- 
sary steps  to  maintain  the  seizure. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


fto.  108. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  October  8,  1863. 
Sir  :  The  correspondence  which  has  lately  passed  between  this  office 
and  the  board  of  treasury  respecting  the  ironclads  building  by  Messrs. 
Laird  &  Co.,  of  Birkenhead,  had  reference  more  especially  to  the  case 
of  the  one  more  advanced  in  her  construction  and  fitting,  the  seizure  of 
which  was  alone  required  by  my  letter  of  this  afternoon. 

I  am  now  to  request,  by  direction  of  Earl  Russell,  that  you  will  move 
the  lords  commissioners  of  Her  Majesty's  treasury  at  once  to  give  or- 
ders for  the  immediate  seizure  of  the  other  ironclad  building  by  Messrs. 
Laird,  notwithstanding  that  she  is  not  yet  so  far  advanced  toward  her 
completion  as  her  consort. 
I  am,  &c, 
(Signed)  .  E.  HAMMOND. 


No.  109. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  9, 18G2. 
Sir:  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaint 
the  lords  commissioners  of  the  admiralty  that,  by  his  lord  shin's  desire, 

lJSo.  1U5. 


452  TREATY    OF    WASHINGTON. 

I  requested  late  yesterday  evening  the  secretary  of  the  treasury  to  move 
the  board  of  treasury  to  give  immediate  orders  for  the  seizure  of  the 
other  iron-clad  now  constructing  by  Messrs.  Laird  &  Co.,  of  Birkenhead, 
and  similar  to  that  the  seizure  of  which  was  ordered  yesterday  ;  and  I 
am  to  request  that  you  will  move  the  lords  commissioners  of  the  admir- 
alty to  give  such  directions  to  the  senior  naval  officer  at  Liverpool  as 
may  authorize  him  to  support,  if  necessary,  the  officers  of  the  customs 
in  making  the  seizure  of  this  second  vessel,  and  in  maintaining  the 
same. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  110. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  October  9, 1863. 
Sir  :  With  reference  to  my  letter  of  yesterday  evening,  I  am  directed 

by  Earl  Kussell  to  transmit  to  you,  to  be  laid  before  the  lords 
[390]    commissioners  of  Her  Majesty's  treasury,  #a  copy  of  a  letter 

which,  by  direction  of  his  lordship,  I  have  addressed  to  the  ad- 
miralty,1 informing  that  department  of  the  iu tended  seizure  of  the  sec- 
ond iron-clad  vessel  at  Liverpool,  and  requesting  that  instructions 
might  be  given  to  the  senior  naval  officer  at  Liverpool  authorizing  him 
to  support,  if  necessary,  the  officers  of  the  customs  in  making  the  seiz- 
ure and  in  maintaining  the  same. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  111. 

Mr.  Hamilton  to  Mr.  Hammond. 

\  Treasury  Chambers, 

October  9,  1863.     (deceived  October  9.) 
Sir:  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you  herewith,  for  the  information  of  Earl  Rus- 
sell, copy  of  a  letter  received  this  morning  from  Messrs  Laird,  intima- 
ting that  they  had  given  directions  for  the  admission  of  a  custom-house 
officer  on  board  the  vessel  El  Tousson,  in  compliance  with  the  requisi- 
tion addressed  to  them  by  their  lordships  on  the  7th  instant. 
I  am,  &c., 
(Signed)  GEO.  A.  HAMILTON. 


[IncloBure  in  No.  111.] 

Messrs.  Laird  Brothers  to  the  secretary  to  the  treasury. 

Birkenhead  Ikon- Works,  Birkenhead,  October  8,  1863. 
Sir  :  We  heg  to  acknowledge  the  receipt  of  your  communication  of  the  7th  instant 
nbout  the  iron-clad  vessel  now  nearest  completion,  and  to  inform  yon  that  we  have 

i No.  109. 


BRITISH    CASE    AND     PAPERS.  453 

been  informed  by  Mr.  W.  G.  Stewart,  assistant  collector,  Her  Majesty's  customs,  Liv- 
erpool, that  he  has  been  directed  to  place  a  customs-officer  on  board  the  iron-clad  ves- 
sel now  nearest  completion  in  the  great  float,  Birkenhead,  and  that  he  has  directions 
to  seize  her  in  case  any  attempt  be  made  to  remove  her  from  where  she  is  at  present. 

We  have  given  the  necessary  order  for  admission  to  the  vessel  (called  by  us  the  El 
Tousson)  to  Mr.  Morgan,  the  surveyor  of  customs. 

We  are,  &c, 

(Signed)  LAIRD  BROS. 


No.  112. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  9,  1863.  (Received  October  9.) 
Sir  :  With  reference  to  your  letter  of  this  day's  date,  I  am  command- 
ed by  my  lord's  commissioners  of  the  admiralty  to  transmit  herewith, 
for  the  information  of  Earl  Russell,  a  copy  of  the  instructions  which 
have  been  this  day  given  to  Captain  Inglefield,  of  the  Majestic,  at  Liv- 
erpool, enjoining  him  to  give  such  assistance  to  the  custom-house  offi- 
cers as  may  be  necessary  to  effect  and  maintain  the  seizure  of  the  two 
iron-clad  vessels  built  by  Messrs.  Laird  at  Birkenhead. 

A  copy  of  these  instructions  has  been  also  sent  to  the  treasury. 
1  am,  &c, 
(Signed)  W.  G.  ROMAINE. 

[Inelosure  in  Ko.  112.] 

The  secretary  to  the  admiralty  to  Captain  Inglefield. 

Admiralty,  October  9,  1863. 
Sir  :  I  am  commanded  hy  my  lords  commissioners  of  the  admiralty  to  send  you  here- 
with, for  your  information  and  guidance,  a  copy  of  a  letter  from  the  treasury,  dated 
1391]     the  *8th  instant,  requesting  that  you  nray  be  specifically  enjoined  to  render  such 
assistance  to  the  custom-house  authorities  as  you  may  judge  necessary  to  effect 
and  maintain  the  seizure  of  one  of  the  two  iron-clad  vessels  built  by  Messrs.  Laird  at 
Birkenhead.    This  is  to  be  done  in  conjunction  with  the  officers  of  customs,  either  by 
placing  a  body  of  marines  and  seamen  on  board,  or  by  adopting  the  precautious  men- 
tioned in  your  telegram  of  yesterday,  or  in  such  other  manner  as  may  seem  most  ad- 
visable under  the  circumstances. 

I  am  also  to  send  you  a  copy  of  a  letter  from  the  foreign  office,  dated  this  day,  desir- 
ing that  you  may  be  instructed  to  support,  if  necessary,  the  officer  of  customs  in  making 
the  seizure  of  the  other  iron-clad,  and  in  maintaining  the  same  when  effected. 

The  following  telegram  has  been  this  morning  forwarded  to  you  in  cipher  by  their 
lordships'  directions,  viz  : 

"  Give  every  assistance  to  officers  of  customs  in  effecting  and  maintaining  seizure  of 
both  iron  ships  by  adopting  such  measures  as  you  may  judge  necessary,  by  placing 
marines  and  seamen  on  them,  or  by  adopting  the  precautions  suggested  by  your  tele- 
gram yesterday.*' 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


No.  113. 
Mr.  Stewart  to  Mr,  Hamilton. 

[Telegraphic] 

Liverpool,  October  9,  1863.     (Received  October  9. 
The  second  iron-clad  has  been  seized,  as  directed,  to-day. 


454  TREATY    OF    WASHINGTON. 

No.  114. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers,  October  10,  1863.    (Received  October  10.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  information  of  Earl  Russell,  copy  of 
a  letter  received  this  morning  from  Messrs.  Laird,  expressing  their  views 
respecting  the  seizure  of  one  of  the  iron-clad  vessels  in  course  of  con- 
struction by  them  at  Birkenhead. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Iuclosure  in  No.  114.] 

Messrs.  Laird  Brothers  to  Mr.  Hamilton. 

Biekenhead  Iron- Works,  Birkenhead,  October  9,  1863. 
Sir  :  In  further  reply  to  your  letter  of  the  7th  instant,  (acknowledged  yesterday,)  in- 
forming us  that  the  lords  commissioners  of  Her  Majesty's  treasury  have  given  instruc- 
tions that  a  custom-house  officer  should  be  placed  on  board  the  iron-clad  vessel  now 
nearly  completed  at  Birkenhead,  with  fall  authority  to  seize  hei  on  behalf  of  the  Crown 
in  the  event  of  any  attempt  being  made  to  remove  her  from  the  float  or  dock  where  she 
is  at  present,  unless  under  farther  directions  from  their  lordships,  and  likewise  to  ob- 
tain from  the  officer  in  command  of  Her  Majesty's  ship  Majestic  any  protection  which 
may  become  necessary  to  support  him  in  the  execution  of  this  duty,  we  beg  to  inform 
yon  that  we  have  received  this  day  a  letter  from  Mr.  Morgan,  the  surveyor  of  customs, 
giving  us  notice  that,  by  the  direction  of  the  honorable  commissioners  of  customs,  he 
has  this  day  seized  the  iron-clad  vessel  now  lying  in  the  great  float  at  Birkenhead. 

Since  the  receipt  of  your  letter  of  the  7th  iustant  no  attempt  has  been  made  to  re- 
move the  vessel  from  her  moorings  at  quay  in  the  great  float,  and  we  are  therefore  at 
a  loss  to  understand  this  apparent  deviation  from  the  decision  of  their  lordships,  as 
expressed  in  their  letter  of  the  7th,  above  referred  to  ;  bat  we  consider  that  this  has 
been  done,-  not  with  any  distrust  of  our  intentions  to  fulfill  our  engagement  of  giving 

a  week's  notice  of  our  intention  to  remove  the  vessel,  nor  with  the  view  of  inter- 
[392]  fering  *in  any  way  with  the  workmen  in  the  completion  other,  but  exclusively 

for  the  purpose  of  preventing  an  attempt  which  may  be  made  by  other  parties 
to  nullify  our  engagement.  Although  we  are  not  aware  of  any  circumstances  to  in- 
duce us  to  entertain  any  apprehension  of  any  attempt  being  made  to  deprive  us  of  our 
property  by  force,  we  gladly  avail  ourselves  of  any  protection  Her  Majesty's  govern- 
ment may  think  necessary  for  its  security. 

The  vessel  is  still  far  from  being  ready  for  sea,  and  the  work  has  been  so  much  re- 
tarded by  the  excessively  wet  weather  that  it  will  be  some  weeks  before  she  is  finally 
completed. 

We  are,  &c, 

(Signed)  LAIRD  BBOS. 


No.  115. 

Mr.  Orey  to  Earl  Russell. 

Paris,  October  8, 1863.  (Received  October  9.) 
My  Lord:  The  Turkish  embassador  informed  me  to-day  that  he  had 
the  day  before  yesterday  received  instructions  to  make  an  offer  on  the 
part  of  his  government  to  M.  Bravay  for  the  purchase  of  the  two  iron- 
clad vessels  building  at  Birkenhead.  His  excellency  accordingly  sent 
for  M.  Bravay  yesterday,  but  he  is  at  present  absent  from  Paris,  and  is 
not  expected  to  return  for  a  day  or  two. 
The  Turkish  embassador  further  told  me  that  Nubar  Pasha  had  said,. 


BRITISH    CASE    AND    PAPERS.  455 

in  answer  to  his  inquiries,  that  no  formal  contract  had  been  passed  be- 
tween the  late  Viceroy  of  Egypt  and  M.  Bravay  j  that  there  might  have 
been  some  verbal  agreement ;  and  that  whatever  had  been  settled  be- 
tween the  present  Viceroy  and  M.  Bravay  had  been  done  after  his  (Nn- 
bar  Pasha's)  departure  from  Egypt.  M.  Bravay's  statement  to  Nubar 
Pasha  was  that  the  Viceroy  had  said  he  would  see  the  ships,  and,  if  he 
approved  of  them,  recommend  the  Ottoman  government  to  purchase 
them. 

The  Turkish  embassador  promised  to  inform  me,  without  loss  of  time, 
of  the  result  of  his  offer  to  M.  Bravay  ;  and  in  the  mean  time  he  asked 
me  to  abstain  from  communicating  with  that  gentleman  myself,  to  which 
I  assented,  subject,  of  course,  to  your  lordship's  approval. 

I  have,  &c, 

(Signed)  W.  G.  GREY. 


No.  116.  / 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  10,  18G3.    ( Received  October  10.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a  let- 
ter, dated  the  9th  instant,  from  Captain  Inglefield,  of  Her  Majesty's  ship 
Majestic,  with  a  copy  of  its  inclosure,  relative  to  the  detention  of  the 
iron-clad  vessels  built  by  Messrs.  Laird  and  Birkenhead. 
I  am,  &c, 
(Signed)  W.  G.  ROMAIKE. 

[Inclosure  1  in  Xo.  11G.  | 
Captain  Inglefield  to  the  secretary  to  the  admiralty. 

Majestic,  Bock  Ferry,  Cheshire,  Octobev  9,  1863. 

Sir  :  I  have  the  honor  to  acquaint  you  that  I  received  your  telegram  last  evening, 
desiring  me  to  take  necessary  steps  to  enable  the  officers  of  the  customs  to  maintain 
the  seizure  of  the  iron-clads  building  by  the  Messrs.  Laird.  I  immediately  ordered 
Lieutenant  Cheek  to  place  his  gun-boat  within  the  entrance  to  the  Great  Float,  and 
desired  Captain  Lambert  to  send  a  well-armed  guard-boat,  in  charge  of  a  lieutenant, 
to  take  up  a  similar  position  during  the  night,  with  orders  to  board  and  capture  the 
iron-clad  should  an  attempt  be  made  to  withdraw  her  from  the  great  float.  A 
[393]  pre-*concerted  signal  was  also  arranged  to  atford  me  due  notice  of  such  an  at- 
tempt, and  I  was  prepared  with  a  suitable  force  to  further  these  intentions. 

I  have  now  to  acknowledge  your  confidential  letter  dated  October  8,  inclosing  a  copy 
of  a  letter  from  the  under-secretary  of  sftite  for  foreign  affairs,  dated  the  7th  instant; 
also  a  second  letter  of  the  8th  instant,  inclosing  another  letter  of  the  8th  instant  from 
the  under-secretary,  acquainting  me  that  the  iron-clad  vessels  had  been  seized. 

At  2  p.  m.  I  received  your  telegram  to  the  following  effect:  "  Give  every  assistance 
to  officers  of  customs  in  effecting  and  maintaining  seizure  of  both  iron  ships,  by  adopt- 
ing such  measures  as  you  may  judge  necessary,  by  placing  marines  and  seamen  on 
them,  or  by  adopting  the  precautious  suggested  by  telegraph  yesterday." 

In  obedience  to  the  above,  I  consider  it  most  expedient  that  the  Liverpool  should  be 
moved  down  the  river  to  a  berth  immediately  abreast  of  the  entrance  to  the  Great 
Float,  so  that  she  may  perfectly  command  the  basin,  and  be  nearer  to  her  guard-boat. 

The  gun-boat  will  remain  within  the  entrance  to  the  float,  and  during  the  night  an 
armed  pinnace  will  row  guard. 

I  have  thought  it  unnecessary,  in  the  comparatively  unfinished  state  of  the  second 
iron-clad  (now  in  the  Messrs.  Laird  fitting  basin),  to  take  any  precautionary  measures 
with  regard  to  her  safety,  as  she  could  not  be  carried  to  sea  in  her  present  condition. 

Your  telegram  has  the  expression,  "  by  placing  marines  and   seamen  on  them,"  &c. 


456 


TREATY    OF    WASHINGTON. 


I  beg  you  will  bo  pleased  to  inform  ine  if  "  on  board"  is  the  sense  intended  to  be  con- 
veyed. 

In  the  mean  time  I  have  hesitated  before  taking  this  decided  step,  as  it  will  naturally 
incur  a  certain  degree  of  responsibility  for  the  safety  of  fittings,  &c,  which  would  not 
be  comprehended  if  sentries  were  merely  posted  on  the  wharf  beside  which  the  iron- 
clad lies. 

Hitherto  I  have  abstained  from  any  personal  communication  with  the  Messrs.  Laird 
on  the  subject  of  the  iron  rams  ;  I  thereby  felt  myself  more  free  to  act,  as  might  become 
expedient,  than  if  I  had  placed  myself  in  a  position  to  receive  verbal  assurances  of 
their  intentions  or  a  repetition  of  the  declaration  already  made  by  those  gentlemen  to 
the  government. 

I  trust  this  course  of  conduct  will  meet  with  their  lordships'  approval.  I  have  in- 
closed, for  their  lordships'  information,  a  statement  of  the  present  abode,  names,  and 
nationality  of  those  among  the  Florida's  crew  that  landed  in  this  port ;  and  I  have, 
&c. 

(Signed)  F.  A.  INGLEFIELD. 


[394]  [Inelosure  2  in  No.  116.] 

A  list  of  a  portion  of  the  Florida's  crew  which  came  to  Liverpool,  with  their  present  abode. 


Name. 


¥ra.  Davis 

Matt.  Carr 

Christ.  Irvers 

Hugh  Conway 

Thomas  Doris 

Edwd.  Irvine 

Patrick  Burns 

Wm.  Thompson 

Matw.  Wood 

Jno.  Broyan 

John  Hogan 

John  Kelley 

Fredk.  Brown 

John  Collins,  captain  forecastle 

Henry  Calligan,  2d  captain  forecastle . 

John  Cherry 

Jas.  Murray 

Thos.  King 

John  Gillespie 

John  Johnson 

Pattc.  Horraghan 

Mic.  Curley 

John  Curran 

John  Biggan 

Jas.  Mayue,  captain  after-guard 

Chas.  Grover,  cook 

Dennis  Sullivan 

John  Boynton 

Chas.  Bulliuger 

S.  J.  Gillick,  master-at-arms 

Jacob  Leslie 

John  Miller 

Pattc.  Considine 

Peter  Morris 

Thos.  Hardy,  carpenter 

Henderson,  car.  crew 

James  Burns,  boatswain's  mate 

Andrew  Paterson,  car.  crew 

John  Smith 

A.  Huttlebury 

Jonas  Plane 

Henry  Ward 

Edwd.  Hall 

Jno.  McNevy 

Matto  Crewell 

Emanl.  Freigli tero 

Jno.  Fitzgerald 

Jno.  Donnelly 

Berud.  Good 

Johannes  Wengand 

F.  Silver 

Thos.  Dnggan 

Wm.  McCade 

James  AVeeks 

Jonas  Platin 

Eras.  Rivers 

Jas.  Hardy , 


Country. 


Dublin 

Liverpool 

Ireland 

Ditto 

United  States 

Liverpool 

Ditto 

United  States. 

Ditto , 

New  Orleans.. 

Ireland 

Ditto 

Dutch 


United  States. 

Ditto 

New  Orleans.. 


Germau... 
Ireland  ... 

Ditto 

Ditto 

German... 
Ireland  . . . 
New  York- 
Ireland  . . . 


South  Wales. 

Ireland 

Canadian  .... 

German 

Ireland 

Ditto 

Scotch  

German 

Ireland 

German 

Swede J 

United  States  l 

Dutch 

American ; 

German \ 


Bern  arks,  residence,  &c. 


Portuguese 


Portuguese 


Williams's,  Seddon  street. 

Ditto. 

Kavanagh's. 

Williams's,  Seddon  street. 

Not  known. 

Ditto. 

Kavanagh's. 

Lingrim's. 

Gone  to  Elorida. 

Ditto. 

Ditto. 

Ditto. 

Williams's,  Seddon  street. 

Gone  to  Manchester. 

Ditto. 

Liverpool. 

Dittp. 

Manchester. 

Edinburgh. 

A  brig  in  dock,  South  End. 

Liverpool,  not  known  where. 

Ditto. 

Not  yet  paid. 

Supposed  gone  to  New  York. 

Ditto. 

Ditto. 

Williams's. 

Gone  to  Florida.  " 

Liverpool. 

Williams's,  Duke  street. 

London. 

At  Lingrim's. 

Ditto. 

Not  known  where,  but  often  at  Sailors'  Home. 

Norfolk  street. 

10  Norfolk  street. 

Near  Hunter  street. 

Gone  to  Cardiff. 

Gone  to  New  York  in  packet-ship. 

Liverpool,  not  known  where. 


Gone  to  New  York. 
At  Lingrim's. 


BRITISH    CASE    AND     PAPERS. 
A  list  of  a  portion  of  the  Florida's  creiv,^e. — Continued. 


457 


[Name. 


Jno.  Harrington 

Chas.  Johnson 

Geo.  Lewis 

"Wm.  Laiton,  boy 

John  Hatton,  in  man-of-war's  uniform 

John  Brown 

Peter  Walsh 

John  Taylor 

Jas.  Feegan 

Pattc.  Hardigan 

C.  A.  Grover,  or  Mores 

Eichd.  "Wilson,  jr.,  master 


Country. 


Residence,  remarks,  &c. 


German 

United  States 


German 

Ireland 

United  States 
Ireland 


New  York 


Sparling  street,  near  Lingrim's. 

Liverpool,  not  kno*wn  where. 

Gone  to  Florida. 

Ditto. 

At  Lingrim's. 

Ditto. 

Gone  to  New  York  in  packet-ship. 

Not  known  where. 


[395]  *No.  117. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  10,  1863. 
Sir  :  I  have  laid  before  Earl  Eussell  a  copy  of  your  letter  of  this  day, 
inclosing  a  copy  of  a  report  from  Captain  Inglefield,  of  Her  Majesty's 
ship  Majestic,  relative  to  the  detention  of  the  iron-clads ;  and  I  am 
directed  by  his  lordship  to  request  that  you  will  state  to  the  lords  com- 
missioners of  the  admiralty  that  it  appears  to  Lord  Russell  that  so  long 
as  the  marines  are  in  such  a  position  as  to  insure  their  being  able,  in 
case  of  need,  to  afford  adequate  support  to  the  officers  of  Her  Majesty's 
customs  in  maintaining  the  seizure  of  the  iron-clads,  Captain  Ingiefield 
may  station  the  marines  wherever  he  may  consider  it  most  convenient 
to  do  so. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


Ko.  118. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  12,  1863.     (Received  October  12.) 
Sir  :  With  further  reference  to  the  correspondence  which  has  passed 
regarding  the  iron-clad  vessels  fitting  at  Birkenhead,  1  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  submit  to  you, 
for  the  consideration  of  Earl  Russell,  the  inclosed  copies  of  a  letter, 
dated  this  day,  which  their  lordships  have  received  from  the  commis- 
sioners of  customs  relating  to  these  vessels,  together  with  copies  of  the 
papers  which  accompanied  that  letter. 
T  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  118.1 

Mr.  Gardner  to  Mr.  Hamilton.  . 

Custom-House,  Octoler  12,  1863. 
Sir  :  I  am  directed  by  the  commissioners  of  Her  Majesty's  customs  to  transmit  to  you 
the  inclosed  copies  of  two  further  reports  from  the  acting  collector  of  this  revenue  at 


458  TREATY    OF    WASHINGTON. 

Liverpool,  dated  the  10th  instant,  with  reference  to  the  detention  of  the  "  second  iron- 
clad "at  Birkenhead,  and  to  an  inquiry  of  Messrs.  Laird  whether  there  will  beany 
objection  to  the  removal  of  the  vessel  into  the  river  or  to  the  great  float  at  Birken- 
head, in  order  to  admit  of  a  steam-vessel  for  the  Holyhead  station  being  taken  out  of 
the  graving-dock,  and  I  am  to  signify  the  request  of  the  board  to  be  favored  with  their 
lordships'  early  directions. 

I  am,  &c, 

(Signed)  *  F.  G.  GARDNER. 


[Inclosure  2  in  !No.  118.J 
Mr.  Stewart  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  October  10,  1863. 
Honorable  Sirs  :  In  accordance  with  your  order  of  the  9th  instant,  I  beg  to  report 
that,  as  stated  in  my  report  of  yesterday,  the  second  iron-clad  now  fitting  in  Messrs. 
Laird's  yard,  Birkenhead,  has  been  seized  ;  that  Captain  Ingletield  has  been  informed 
of  the  seizure,  and  similar  arrangements  made  for  communicating  with  him  as  in  the 
case  of  the  El  Tousson.    I  may  add  that  Captain  Englefield  has  stationed  a  gun-boat 
in  the  great  float,  so  that  the  customs  officers  can  now  communicate  with  the  naval 
authorities  from  the  shore. 
Respectfully,  &.c, 
(Si-ned)  W.  G.  STEWART, 

Assistant  Collector. 


[396]  [Inclosure  3  in  No.  118.] 

Mr.  Morgan  to  Mr.  Stewart. 

Liverpool,  October  10,  1863. 
Sir:  The  second  iron-plated  vessel,  which,  under  your  directions,  I  seized  yesterday, 
is  lying  in  Messrs.  Laird's  graving-dock,  together  with  a  new  steamer  for  the  Holy- 
head station,  which  latter  will  be  ready  for  sea  in  a  few  days;  and  in  order  to  take 
her  out  of  that  dock  it  will  be  necessary  to  remove  the  iron-clad  into  the  ri%er. 

Messrs.  Laird  inquired  of  me  whether  there  would  be  any  objection  raised  to  such 
removal  or  to  taking  her  into  the  great  float  at  Birkenhead  if  the  purposes  of  their 
business  required  it. 

It  is  admitted  that  there  is  a  sufficient  naval  power  in  the  Mersey,  available  at  all 
times,  to  prevent  the  removal  of  the  vessel  from  the  port  without  proper  authority, 
and  I  seek  instructions  with  reference  to  the  inquiry  of  Messrs.  Laird. 
Respectfully  submitted. 
(Signed)  E.  MORGAN,  Surveyor. 


[Inclosure  4  -in  No.  118.] 
Mr.  Stewart  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  October  10,  1863. 
Honorable  Sirs  :  I  beg  a  reference  to  the  preceding  report  of  the  surveyor,  Mr.  Mor- 
gan, and  submit,  for  the  board's  consideration,  whether  Messrs.  Laird  may  not  be  per- 
mitted to  move  the  second  iron-cla^l  into  the  river  for  a  time,  or  cause  her,  if  desired, 
to  be  taken  into  the  great  float,  where  the  first  iron-clad  seized  now  lies,  the  naval  offi- 
cers being  informed  of  the  proposed  movement  of  the  vessel. 

(Signed)  W.  G.  STEWART. 

Assistant  Collector-. 


No.  119. 
Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  12,  1863.     (Received  October  12.) 
Sir  :  With  further  reference  to  the  correspondence  which  has  passed 
on  the  subject  of  the  iron-clad  vessels  fitting*  at  Liverpool,  I  am  com- 


BRITISH    CASE    AND     PxVPERS.  459 

inanded  by  the  lords  commissioners  of  Her  Majesty's  treasury  to  trans- 
mit to  you  the  inclosed  copies  of  a  letter  and  the  accompanying  papers 
which  have  been  received  from  the  commissioners  of  customs,  request- 
ing, instructions  as  to  the  propriety  of  permitting  the  workmen  to  remain 
on  board  one  of  these  vessels ;  and  I  am  to  request  that  you  will  move 
Earl  Iiusseli  to  favor  their  lordships  with  his  views  on  this  point. 

1  am,  &c. 

(Signed)  GEO.  A.  HAMILTON". 


.  [Inclosure  1  in  Xo.  119.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  October  10,  1863. 
Sir  :  With  reference  to  the  orders  of  the  lords  commissioners  of  Her  Majesty's  treas- 
ury, dated  7th,  8th,  and  9th  instant,  respecting  the  iron-clad  vessels  at  Birkenhead,  I 
am  directed  to  acquaint  you  that  immediately  on  receipt  thereof  telegraphic  messages 
we're  forwarded  to  the  collector  at  Liverpool  in  terms  of  their  lordships'  commands, 
and  letters  sent  by  the  post  of  the  8th  and  9th  ;  and  I  am  now  to  transmit — 

1st.  A  copy  of  a  letter  from  the  acting  collector,  dated  the  8th,  reporting  his  proceed- 
ings under  the  orders  of  the  7th  and  8th  instant. 

2dly.  Copy  of  a  telegram  from  the  acting  collector,  received  on  the  morning  of  yes- 
terday, stating  the  seizure  of  one  of  the  vessels ;  that  he  has  not  caused  the  workmen 
to  be  removed,  and  requesting  to  be  informed  whether  he  has  done  right  in  permit- 
ting them  to  remain.  In  reply  to  this  telegram,  the  acting  collector  has  been 
[397]  *informed  that  the  matter  has  been  referred  to  the  lords  of  the  treasury,  and  that, 
until  their  lordships'  decision  shall  have  been  received,  the  workmen  need  not 
be  interfered  with,  provided  care  be  taken  that  the  safety  of  the  vessel  is  not  endan- 
gered through  their  presence. 

3dly.  A  letter  from  the  acting  collector,  dated  the  9th,  reporting  in  detail  his  proceed- 
ings under  the  order  of  the  8th  instant. 

4thly.  Another  letter  from  that  officer  of  the  same  date,  reporting  the  seizure  of  the 
second  iron-clad  ;  and  I  am  to  signify  the  request  of  the  board  to  be  favored  with  their 
lordships'  further  instructions. 
1  am,  &c, 
(Signed)  F,  G.  GARDNER. 


[Inclosure  2  in  Xo.  119.  J 
Mr.  Stewart  to  the  commissioner's  of  customs. 

Custom-House,  Liver-pool,  October  8,  1863. 

Honorable  Sirs:  I  beg  to  acknowledge  the  receipt  of  a  telegram,  of  the  7th  instant, 
from  the  deputy  chairman,  authorizing  me  to  act  upon  the  instructions  given  in  a  letter 
from  Mr.  Hamilton  which  I  should  receive  this  morning,  and  also  the  receipt  of  a 
second  one,  of  this  day's  date,  repeating  the  above  directions,  and  further  ordering  me 
not  to  exceed  them,  and,  if  obliged  to  seize,  that  it  is  to  be  done  by  the  surveyor, 
showing  his  authority. 

On  receiving  Mr.  Hamilton's  letter,  (soon  afterward  followed  by  a  telegram  from  him 
to  act  upon  his  instructions,)  a  copy  of  which  I  inclose,  I  forwarded  by  Mr.  Morgan, 
surveyor,  the  letter  to  Messrs.  Laird,  at  the  same  time  instructing  him  to  place  an 
officer  in  charge  of  the  vessel,  and  I  beg  a  reference  to  his  report.  I  also  wrote  to 
Captain  Inglefield,  informing  him  of  what  had  been  done.  The  board  will  perceive 
that  Mr.  Hamilton  directs  that  an  officer  be  put  on  board  with  authority  to  seize, 
whereas  the  telegram  received  this  day  from  the  deputy  chairman  directs  that,  if  obliged 
to  seize,  it  is  to  be  done  by  the  surveyor;  and  as  the  telegram  is  of  later  date,  and  is 
more  precise  in  its  directions  as  to  how  the  seizure  is  to  be  made,  the  officer  iu  charge 
has  been  ordered,  whenever  any  attempt  is  made  to  get  up  steam,  or  otherwise  cause 
the  vessel  to  leave  the  dock,  he  is  at  once  to  inform  the  surveyor,  who  will  then  x)lace 
her  under  seizure. 

1  have  written  to  Mr.  Hamilton  to-day,  informing  him  that  his  orders  have  been  carried 
out. 

I  have  just  received  a  second  telegram,  of  this  day's  date,  from  the  secretary,  direct- 
ing that  qualified  officers  should  be  placed  on  board  the  iron-clad,  and  to  seize  her  if 


460  TREATY    OF    WASHINGTON. 

she  attempts  to  get  up  steam  or  leave  the  dock  or  float;   and  it  will  be  seen  that  such 
orders  have  been  given  in  accordance  with  Mr.  Hamilton's  letter. 

Respectfully,  &c, 

(Sigued)  W.  G.  STEWART, 

Assistant  Collector. 


[Inclosure  3  in  No.  119.  J 
Mr.  Morgan  to  Mr.  Stewart. 

Liverpool  October  8,  1863. 
Sir  :  I  beg  to  report  that  I  personally  delivered  the  letter  addressed  to  Messrs.  Laird, 
which  arrived  to-day,  and  those  gentlemen,  after  reading  it  in  my  presence,  expressed 
some  annoyance.  Agreeably  with  your  directions  I  have  appointed  special  watchmen 
over  the  vessel,  and  given  them  such  instructions  as  will  prevent  her  leaving  the  dock, 
in  which  she  now  lies,  in  a  fraudulent  manner.  I  have  no  susj^icion  of  such  an  inten- 
tion on  the  part  of  the  owners. 

I  beg  to  add  that  care  will  be  taken  that  the  work  on  board  is  not  unnecessarily  in- 
terfered with. 

Respectfullv  submitted. 

(Sigued)  E.  MORGAN, 

Surveyor. 


{398]  *[Inolosnre  4  in  No.  119.] 

Mr.  Stewart  to  Mr.  Gardner. 

[Telegraphic.  1 

Custom-House,  Liverpool,  October  9,  1863. 
Vessel  has  been  seized.     Mr.  Hamilton  stating  in  his  letter  to  the  builders  there  was 
no  wish  to  interfere  with  the  workmen,  they  have  not  been  removed.     Have  I  done 
right  in  permitting  them  to  remain  ?     I  will  write  to-day. 


[Inclosure  5  in  No.  119.] 
Mr.  Stewart  to  the  commissioners  of  Customs. 

Custom-House,  Liverpool,  October  9,  1863. 

Honorable  Sirs:  Your  telegram  of  the  8th  instant,  directing  me,  in  addition  to 
putting  officers  on  board  of  the  iron-clad,  "to  have  the  vessel  seized  by  the  surveyor 
forthwith  ;  report  your  proceedings  forthwith  ;  telegraph  to  Mr.  Hamilton  at  the  treas- 
ury that  you  have  received  this  order  and  will  act  upon  it,"  was  not  received  by  me 
until  after  business  hours.  I  proceeded  with  it  at  once  to  the  house  of  Mr.  Morgan, 
surveyor,  but  found  he  was  gone  to  Birkenhead,  and  I  followed  him  there,  and  conse- 
quently was  unable  to  save  the  post  last  night. 

In  order  that  the  board  might  receive  intelligence  on  the  subject  without  delay,  I 
telegraphed  this  morning  that  the  vessel  had  been  seized,  and  at  the  same  time  re- 
quested the  board's  directions  as  to  whether  the  workmen  employed  on  board  the  vessel 
were  to  be  allowed  to  continue  there.  I  may  add  that  the  number  of  men  employed 
on  board  is  near  200,  and  from  the  difficulty  of  finding  skilled  workmen,  the  loss  to 
Messrs.  Laird,  if  they  are  discontinued,  will  be  very  serious ;  and  as  Mr.  Hamilton,  in 
his  letter  transmitted,  open,  through  me  to  Messrs.  Laird,  states,  "My  lords  request 
you  to  understand  that  these  precautions  are  taken  not  with  a  view  of  interfering  in 
any  way  with  your  workmen  iu  the  completion  of  the  vessel,"  I  have  hesitated  to  re- 
quire their  removal  without  first  obtaining  the  board's  directions. 

A  telegram  was  forwarded,  as  directed,  to  Mr.  Hamilton  last  evening,  stating  the 
order  would  be  acted  on. 
Respectfullv,  &c, 
(Signed)  W.  G.  STEWART, 

Assistant  Collector. 


BRITISH    CASE    AND    PAPERS.  461 

(Inclosure  6  in  No.  119.] 

Mr.  Stewart  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  October  9,  1863. 
Honorable  Sirs:  I  beg  to  acknowledge  the  receipt  of  a  telegram,  of  this  day's  dater 
directing  me  to  "take  immediate  steps  to  have  the  second  iron-clad  also  seized  on  the 
part  of  the  Crown ;  report  your  proceedings,  and  telegraph  the  seizure  to  Mr.  Hamil- 
ton, at  the  treasury." 

On  the  receipt  of  the  above,  Mr.  Morgan,  surveyor,  at  one  proceeded  to  fulfill  your  in- 
structions, and  the  vessel  is  now  under  seizure,  and  I  have  telegraphed  to  Mr.  Hamil- 
ton to  that  effect. 

Respectfully,  &c, 

(Signed)  W.  G.  STEWART, 

Assistant  Collector. 


No.  120. 
Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  12, 1863. 
Sir:  With  reference  to  my  letter  of  the  9th  instant,  I  am  directed  by 
Earl  Russell  to  transmit  to  you  herewith,  for  the  information  of  the 
lords  commissioners  of  Her  Majesty's  treasury,  a  copy  of  a  letter  which, 

by  his  lordship's  direction,  I  addiessed  to  the  board  of  admiralty 
[399]    on  the  10th  instant,  relative  to  the  disposal  of  the  party  of  *  marines 

who  may  be  appointed  by  Captain  Inglefield  to  support  the  offi- 
cers of  customs  in  maintaining*  the  seizure  of  the  iron-clads  at  Birken- 
head.1 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  121. 
Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  12,  1863. 

Sir  :  I  have  laid  before  Earl  Russell  your  letter  and  its  inclosures,  of 
this  day,  respecting  an  application  made  by  Messrs.  Laird  to  be  allowed, 
for  the  reasons  stated,  to  remove  into  the  river,  for  a  time,  the  second 
iron-clad  now  lying  in  their  graving-dock  under  seizure,  or  to  be  allowed 
to  take  her  into  the  great  float;  and  I  am  to  request  that  you  will  ac- 
quaint the  lords  commissioners  of  Her  Majesty's  treasury  that,  if  Mr. 
Stewart,  the  assistant  collector  of  customs,  and  Mr.  Morgan,  the  sur- 
veyor, after  consultation  with  Captain  Inglefield  and  with  the  concur- 
rence of  that  officer,  should  be  of  opinion  tbat  a  compliance  with  Messrs. 
Lairds'  request  might  be  ventured  on  without  prejudice  to  the  mainte- 
nance of  the  seizure  of  the  second  iron-clad,  Lord  Russell  considers  that 
there  would  be  no  objection  to  Messrs.  Lairds'  application  being  com- 
plied with. 

Lord  Russell  is,  however,  not  sufficiently  acquainted  with  the  locality 
to  be  able  to  judge  in  which  position,  whether  in  the  river  or  in  the  great 
float,  the  vessel  will  be  more  effectually  secure  from  being  run  away 

]No.  117. 


462  TREATY    OF    WASHINGTON. 

with,  or  whether  she  ought  not  to  be  replaced  in  the  graving-dock  after 
the  removal  from  it  of  the  Holyhead  steamer.  But  his  lordship  is  will- 
ing to  leave  to  Mr.  Stewart  and  Mr.  Morgan,  acting  with  the  full  con- 
currence of  Captain  Inglefield,  to  decide  this  point. 

I  am,  &c, 

(Signed)  '  E.  HAMMOKD. 


No.  122. 

TJie  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  12, 1863.    (Received  October  13.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  from  Captain  Inglefield,  of  Her  Majesty's  ship  Majestic,  dated  the 
11th  instant,  relative  to  the  detention  of  the  iron-clad  vessels  built  by 
Messrs.  Laird,  at  Birkenhead. 
I  am,  &c, 
(Signed)  W.  G.  KOMAINE. 


[Inclosure  in  Kb.  122.] 
Captain  Inglefield  to  the  secretary  to  the  admiralty. 

Majestic,  Rock  Ferry,  October  11,  1863. 

Sir:  I  have  the  honor  to  acknowledge  your  telegram,  received  at  8  p.  m.  last  evening, 
to  the  following  effects 

"Place  the  marines  in  such  a  position  as  you  may  consider  best 'to  enable  them  in 
case  of  need  to  assist  the  officers  of  customs  in  maintaining  the  seizure  of  the  iron 
ships." 

I  have  also  to  acknowledge  your  letter,  of  the  10th  instant,  inclosing  a  letter  of  the 
same  date  from  the  foreign  office,  desiring  that  "  marines  may  be  placed"  as  directed 
by  the  telegram. 

In  compliance  with  these  instructions,  I  have  ordered  the  gunboat  to  take  out  her 
powder  to-morrow  at  daylight  for  the  purpose  of  going  into  the  great  float,  and  I  have 
directed  Captain  Lambert.to  detach  a  party  of  nine  marines,  a  sergeant,  and  corporal, 

to  that  vessel  for  the  service  ordered. 
[400]       *The  gunboat  will   take  up  a  position  beside  the  iron-clad  vessel,  and  during 
the  day  time  the  marines  will  remain  on  board  of  her. 

After  the  workmen  have  left,  a  sentry  will  be  posted  on  the  forecastle  and  another 
on  the  poop  of  the  ram,  Messrs.  Lairds'  ship-keepers  remaining  in  charge  of  stores. 

If  the  gunboat  is  permitted  to  lash  alongside  the  ram,  it  will  be  unnecessary  for 
the  rest  of  the  guard  to  be  posted  in  the  vessel ;  but  should  this  for  any  reason  be  im- 
practicable, I  shall  then  direct  the  lieutenant  of  marines,  who  will  be  the  officer  of  the 
guard,  to  remain  on  board  the  iron  ship  during  the  night,  only  withdrawing  his  party 
when  the  work-people  return  in  the  morning. 

Lieutenant  Cheek  will  have  charge  of  the  ram  during  the  day-time,  and  a  lieutenant 
of  marines  will  perform  this  duty  at  night. 

By  placing  the  gun-boat  within  the  float  she  need  not  keep  up  steam,  her  crew  are 
immediately  available,  and  I  provide  against  the  difficulties  which  might  be  offered 
regarding  accommodation  for  the  marines,  as  I  need  hardly  acquaint  you  that  I  can 
look  for  no  assistance  from  the  dock  authorities  while  carrying  out  these  duties. 
I  have,  &c, 
(Signed)  ,    E.  A.  INGLEFIELD. 


BRITISH    CASE    AND     PAPERS.  463 

No.  123. 

; 
Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  October  12,  1863.    (Received  October  13.) 
My  Lord:  I  take  great  pleasure  in  performing  the  duty  imposed  on 
me  by  my  Government  of  expressing  its  satisfaction  with  the  intelli- 
gence which  I  had  the  honor  of  communicating  to  it  by  the  transmis- 
sion of  your  lordship's  note  to  me  of  the  8th  of  September. 

The  President,  not  insensible  of  the  difficulties  in  the  way  of  the 
-decision  to  which  Her  Majesty's  government  in  that  note  signified  it 
had  arrived,  is  gratified  in  being  able  to  regard  it  in  the  light  of  a  sin- 
cere desire  on  just  principles  to  maintain  its  friendly  relations  with  the 
United  States.  I  am  therefore  instructed  to  inform  your  lordship  that 
the  Government  will  hereafter  hold  itself  obliged,  with  even  more  care 
than  heretofore,  to  endeavor  so  to  conduct  its  intercourse  with  Great 
Britain  as  that  the  war  in  which  it  is  now  unhappily  involved  may, 
whenever  it  may  terminate,  leave  to  neither  nation  any  permanent  cause 
of  discontent. 

I  prav,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


No.  124.     ' 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  13, 18G3. 
Sir:  I  am  directed  by  Earl  Russell  to  transmit  to  you,  for  the  infor- 
mation of  the  lords  commissioners  of  the  admiralty,  a  copy  of  a  letter 
which  was  addressed  to  the  treasury  last  eveuing,1  relative  to  a  request 
preferred  by  Messrs.  Laird  to  be  allowed  to  move  the  second  iron-clad 
from  the  dock  where  it  now  lies. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  125. 

Mr.  Hammond  to  Mr.  Hamilton. 

Treasury  Chambers, 
October  15,  1803.     (Received  October  15.) 
Sir:  With  further  reference  to  the  correspondence  which  has  passed 
relating  to  the  iron-clad  vessels  fitting  at  Liverpool,  £  am  desired  by  the 
lords  commissioners  of  Her  Majesty's   treasury   to  transmit  to  you, 
for  the  information  of  Earl  Russell,    the   inclosed  copy  of  a   letter, 
dated  this  day,  which  their  lordships  have  received  from  the  com- 
[401]     mis*sioners  of  customs,  together  with  copies  of  the  accompany- 
ing  papers  relating  to  this  subject. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


464  TREATY    OF    WASHINGTON. 

[  In  closure  lin  No.  125.  J 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  Liverpool,  October  15,  1863. 
Sir  :  With  reference  to  the  order  of  the  lords  commissioners  of  Her  Majesty's  treas- 
ury of  the  13th  instant,  allowing  the  removal  of  one  of  the  iron-clads  into  the  Mersey 
or  the  great  float  at  Birkenhead,  I  am  directed  to  state  that  upon  the  receipt  of  that 
order  the  necessary  instructions  were  forwarded  to  the  collector  at  Liverpool ;   and  I 
transmit  herewith,  for  their  lordships'  information,  a  copy  of  a  report  which  has  this 
morning  heen  received  from  the  collector  on  the  subject. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  125.] 
Mr.  Edwards  to  the  commissioners  of  cmtoms. 

Custom-House,  Liverpool,  October  14,  1863. 

Honorable  Sirs  :  In  acknowledging  the  receipt  of  your  order  of  the  13th  instant, 
preceded  by  a  telegram  of  the  same  date,  giving  directions  respecting  the  removal  into 
the  Mersey  or  the  great  float  at  Birkenhead  of  the  second  iron-clad  vessel  which  is 
under  detention  by  seizure,  I  have  to  observe  that  as  yet  the  parties  are  not  prepared 
to  remove  the  ship,  but  may  be  in  a  few  days ;  but  when  they  are,  the  directions  of  the- 
board  and  those  of  the  treasury  shall  be  fully  carried  out. 

It  appears  that  apprehensions  are  entertained  that  forcible  possession  may  be  taken 
of  these  ships  and  that  they  may  be  carried  away  by  confederate  agency.  I  have 
therefore  instituted  careful  inquiry  into  the  probability  of  such  a  proceeding,  and  the 
result  of  such  inquiry  is,  as  far  as  any  preparations  at  Liverpool  are  concerned,  that 
there  is  not  the  slightest  foundation  for  supposing  that  any  such  intention  exists. 

A  portion  of  the  crew  of  the  confederate  vessel  Florida,  which  left  that  ship  at  Brestr 
are  here,  and  the  idea  may  possibly  have  arisen  from  that  circumstance  that  the  abduc- 
tion was  contemplated;  but  if  such  be  a  correct  view  of  the  origin  of  the  apprehension 
I  am  of  opinion  that  there  is  no  good  ground  to  warrant  such  a  conclusion. 

As  to  the  quantity  of  coals  on  board,  said  to  be  sufficient  to  carry  the  vessel  out  of 
British  jurisdiction,  I  have  ascertained  that  the  total  quantity  taken  into  the  ship  for 
the  then  intended  triahjtrip  was  only  108  tons,  and  that  not  only  has  no  addition  been 
made  to  this  quantity,  but  a  considerable  portion  has  been  since  used. 

Under  these  circumstances,  I  am  respectfully  of  opinion  that  there  need  arise  no 
increased  apprehension  of  any  forcible  removal  of  the  vessel,  even  if  there  were  no 
gun-boat  lashed  alongside  of  her  or  marines  patrolling  her  deck  all  night,  which  pro- 
ceedings seem  to  be  productive  of  great  annoyance  to  the  builders,' as  well  as  of  incon- 
venience and  loss  of  their  time  to  the  workmen  employed,  and  which,  I  understand,  is 
likely  to  become  a  subject  of  litigation. 

I  have  felt  it  my  duty  to  the  board  to  mention  these  facts,  with  a  view  of  placing  it 
in  possession  of  the  real  circumstances  of  the  case,  as  far  as  I  can  possibly  ascertain 
them,  for  I  have  myself  made  inquiries  which  satisfy  me  of  the  correctness  of  the  news 
that  I  have  formed,  and  which  are  to  some  extent  borne  out  by  the  accompanying 
report  of  Mr.  Morgan. 

(Signed)  S.  PRICE  EDWARDS. 


[402]  •  -[Inclosure  3  in  No.  125.] 

Mr.  Morgan  to  Mr.  Edwards. 

Liverpool,  October  14,  1863. 

Sir  :  Since  the  arrival  here  of  some  sixty  men  who  had  composed  a  part  of  the  crew 
of  the  Florida,  now  lying  at  Brest  refitting,  various  rumors  have  been  in  circulation 
relative  to  the  nature  of  the  business  of  those  men  at  Liverpool,  one  of  which  was 
that  they  are  still  in  the  pay  of  the  confederates,  and  that  they  are  engaged  to  form  a 
part  of  the  crew  of  the  iron-plated  vessel  under  detention  by  seizure  in  the  great  float 
at  Birkenhead. 

By  your  directions  I  have  endeavored  to  learn  the  truth  of  the  matter,  and  for  that 
purpose  have  held  conversations  with  several  of  those  men,  as  well  as  with  the  keep- 
<'i\s  of  the  boarding-houses  where  several  of  them  were  stopping. 

The  result  of  my  inquiries  is,  that  I  have  confidence  in  stating  that  they  left  the 
Florida  on  their  own  account;  that  they  came  here  to  be  paid  off  by  the  confederate 


BRITISH.  CASE    AND    PAPERS.  465 

agent ;  and  all  had  Considerable  amounts  for  that  class  of  men  to  receive,  exceeding  in 
many  cases  £100. 

They  now  appear  to  be  expending  their  money  in  various  ways,  and  perhaps  many 
of  them  are  awaiting  the  completion  of  the  Florida  refitting,  when  they  will  rejoin  her ; 
strong  inducements  have  been  held  out  to  many  of  those  men  for  that  purpose. 

Respectfullv  submitted. 

(Signed)  E.  MORGAN,  Surveyor. 


No.  126. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  16, 1863. , 
Sir  :  I  have  laid  before  Earl  Russell  your  letter  of  yesterday,  inclos- 
ing a  copy  of  a  letter  from  Mr.,  Edwards,  the  collector  of  customs  at 
Liverpool,  on  the  subject  of  tbe  iron-clads  now  under  seizure  at  tbat  port ; 
and  I  am  directed  by  bis  lordship  to  request  that  you  will  state  to  the 
lords  commissioners  of  Her  Majesty's  treasury  that  he  cannot  see  in 
Mr.  Edwards's  letter  any  sufficient  ground  which  should  induce  Her  Maj- 
esty's government  to  relax  their  vigilance  in  the  slightest  degree  or  to 
modify  the  measures  now  in  operation  to  insure  the  safe  custody  of  the 
vessels  in  question. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  127. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  16, 1863. 
Sir:  I  am  directed  by  Earl  Russell  to  transmit  to  you,  for  the  inform- 
ation of  the  lords  commissioners  of  the  admiralty,  a  copy  of  a  letter 
which  has  been  this  day  addressed  to  the  treasury,  *in  reply  to  a  letter 
from  that  department,  inclosing  a  copy  of  a  report  from  Mr.  Edwards, 
the  collector  of  customs  at  Liverpool,  respecting  the  iron-clad  vessels  at 
Messrs.  Laird. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  128. 


Mr.  Colquhoun  to  Earl  Russell. 
[Telegraphic] 

Cairo,  October  16, 1863—9.25  a,  m. 

(Received  October  16 — 6  p.  m.) 

The  Viceroy  denies  emphatically  that  he  has  in  any  manner  engaged 

to  induce  the  Porte  to  purchase  the  iron  vessels.    He  declares 

[403]    that  the  subject  was  never  *mentioned  between  himself  and  M. 

g , _____ . — 

1  No.  126. 
H.  Ex.  282,  vol.  ii 30 


466  TREATY    OF    WASHINGTON. 

♦ 

Bravay,  and  that  the  latter  is  perfectly  at  liberty  to  da  what  he  pleases 
with  them.  His  Higness  from  the  first  refused  to  recognize  any  of  Bra- 
vay's  contracts. 


Xo.  129. 

Earl  Russell  to  Mr.  Colquhoun. 

[Telegraphic] 

.  Foreign  Office.  October  17, 1863. 
Inquire  of  the  Viceroy  if  he  remembers  or  can  ascertain  at  what  date 
he  first  refused  to  accept  Bravay's  alleged  contracts. 


No.  330. 

Sir  A.  Paget  to  Earl  Russell. 

Copenhagen,  October  15, 1863.  (Received  October  19.) 
My  Lord  :  The  only  information  I  have  to  add  to  that  which  I  had 
the  honor  to  forward  to  your  lordship  in  my  telegram  of  the  3d  instant, 
relative  to  the  negotiations  of  the  Danish  government  with  the  view  of 
purchasing  the  iron-clad  steamers  at  Liverpool,  is  that  I  have  since 
learned  from  Admiral  Bille,  the  minister  of  marine,  that  he  had  had 
another  interview  with  the  English  gentleman  who  had  offered  to  be 
the  medium  of  communication  between  the  Danish  government  and  M. 
Bravay,  and  the  result  of  that  interview  was  to  leave  the  conviction  on 
the  admiral's  mind  that  the  ships  were  not  for  sale  at  all. 

I  have,  &c, 

(Signed)  A.  PAGET. 


No.  131. 

Mr.  Hamilton  to  21r.  Hammond. 

Treasury  Chambers, 
October  19,  1863.  (Received  October  19.) 
Sir  :  With  further  reference  to  the  correspondence  which  has  passed 
relating  to  iron-clad  vessels  fitting  at  Liverpool,  I  am  commanded  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you 
the  inclosed  copies  of  two  letters,  dated  17th  instant,  which  have  been 
received  from  Messrs.  Laird,  the  builders  of  these  vessels,  one  stating 
their  belief  that  the  apprehension  of  a  forcible  abduction  of  the  ves- 
sels is  unfounded,"  and  the  other  proposing  that  the  trial- trip  of  one  of 
the  vessels,  El  Tousson,  shall  take  place  between  the  226.  and  29th  of 
this  month;  and  I  am  to  request  that  you  will  move  Earl  Russell  to 
favorvmy  lords  with  his  opinion  as  to  the  answer  which  should  be  re- 
turned to  Messrs.  Laird.  • 
I  have,  &c, 
(Signed)                                                    GEO.  A.  HAMILTON. 


BRITISH    CASE    AND    PAPERS.  467 

|  In  closure  1  in  "So.  131.  J 
Messrs.  Laird  Brothers  to  Mr.  Hamilton. 

Birkenhead  Iron- Works,  Birkenhead,  October  17,  1863. 

Sir:  Referring  to  your  letter  of  the  7th  instant,  in  which  you  say  that  you  under- 
stand the  trial-trip  of  the  iron-clad  steam- vessel,  the  El  Tousson,  now  nearly  completed, 
has  heen  abandoned,  we  beg  to  inform  you  that  the  trial-trip  was  deferred,  but  not 
abandoned,  as  you  will  see  by  referring  to  our  letter  addressed  to  the  Honorable  H. 
Brand, on  the  21^t  of  September,  in  which  we  informed  him  that  we  considered  it  desi- 
rable to  defer  the  trial- trip  of  the  first  of  the  iron-clads,  the  El  Tousson,  in  consequence 
of  the  then  incomplete  state  of  the  vessel  and  the  then  crowded  state  of  the  river 
[404]  Mersey,  and  also  in  order  that  Her  Majesty's  government  might  be  able  to  Ob- 
tain further  information  as  to  the  project  which  they  had  reason  to  apprehend 
was  in  existence  for  seizing  the  iron-clad  steam-vessel  by  force  on  her  trial-trip. 

We  beg  now  to  inform  you  that  the  work  at  the  El  Tousson  is  now  in  such  a  state  of 
progress  as  to  make  it  desirable  to  have  a  trial-trip  to  test  the  working  of  the  machin- 
ery, and  we,  therefore,  shall  be  glad  to  know  whether,  with  the  information  Her  Maj- 
esty's government  have  been  able  to  obtain  since  the  date  of  our  former  letter,  they 
still  consider  that  the  precautions  of  having  a  force  of  seamen  aud  marines  on  board 
are  necessary  to  protect  our  property. 

We  propose  that  the  trial-trip  shall  take  place  about  the  end  of  next  week  or  the 
beginning  of  the  week  after,  say  some  day  between  the  22d  and  the  29th  instant,  and 
that  it  should  not  extend  beyond  what  is  considered  the  limits  of  the  port,  or  within 
sight  of  the  light-ship.    ., 

No  circumstances  have  come  to  our  knowledge  to  induce  us  to  apprehend  any  attempt 
to  take  forcible  possession  of  the  vessel  on  her  trial-trip,  and  after  the  fullest  inquiry 
we  are  satisfied  that  if  any  such  project  ever  existed  in  the  port  of  Liverpool,  the  real 
facts  of  the  case  would  have  been  discovered  before  this,  and  the  parties  implicated 
placed  under  such  surveillance  as  to  render  the  execution  of  their  design  impossible. 
We  remain,  &c, 
(Signed)  LAIRD  BROS. 


[Inclosure  2  in  No.  131.] 
Messrs.  Laird. Bros,  to  Mr.  Hamilton. 

Birkenhead  Iron-Works,  Birkenhead,  October  17,  1863. 

Sir  :  In  reply  to  your  letter  of  the  9th  instant,  informing  us  that  "  in  consequence 
of  information  which  has  been  received  by  Her  Majesty's  government  as  the  probability 
of  a  forcible  abduction  of  one  or  both  of  the  iron-clad  vessels  in  course  of  completion 
in  the  float  of  Birkenhead,  their  lordships  had  felt  in  their  duty  to  order  the  seizure  of 
both  these  vessels,  and  have  issued  the  necessary  directions  to  the  commissioners  of 
customs  accordingly,"  we  have  made  the  fullest  inquiry,  and  have  not  been  able  to  as- 
certain any  circumstance  t»  induce  us  to  apprehend  the  probability  of  a  forcible  ab- 
duction of  one  or  both  of  the  iron-clad  vessels  in  course  of  completion  by  us  at  Bir- 
kenhead— one,  the  El  Tousson,  in  the  great  float,  the  public  dock  ;  and  the  other,  the 
El  Mounassir,  in  our  own  dock,  on  our  own  premises. 

Both  vessels  are  incomplete,  and  unfit  for  sea-going.  The  second  vessel  has  not  even 
got  her  masts  or  funnel  in,  and  both  are  in  the  sole  charge  of  our  own  people. 

We  believe,  further,  that  if  any  such  project  as  the  forcible  abduction  of  these  ves- 
sels had  ever  been  thought  of,  it  could  not  successfully  have  been  carried  out  in  the 
port  of  Liverpool. 

Their  lordships  have  so  often  assured  us  that  they  are  convinced  that  it  is  our  inten- 
tion, so  far  as  it  is  in  our  power,  to  fulfill  honorably  the  engagement  which  we  have 
entered  into  with  Her  Majesty's  government,  that  we  have  deferred  making  any  formal 
protest  against  the  seizure  of  these  vessels,  or  the  arbitrary  and  extraordinary  measures 
that  have  been  carried  out  in  placing  an  armed  force  in  charge. 

We  can  only  suppose  that  their  lordships  have  been  induced  to  act  as  they  have  done 
by  some  information  which  will  be  found,  on  further  investigation,  to  have  been  entirely 
erroneous  or  greatly  exaggerated,  and  that  they  will,  on  the  termination  of  the  in- 
quiries which  they  have  set  on  foot  to  investigate  the  case,  feel  justified  in  removing 
the  vexatious  restrictions  they  have  placed  on  our  property,  which  have  already 
caused  and  are  still  causing  us  an  amount  of  loss  and  annoyance  not  easily  estimated. 
Welspmain,  &c, 
(Signed)  LAIRD  BROS. 


468  TREATY    OF   WASHINGTON. 

[405J  *No.  132. 

The  latv-offieers  of  the  Crown  to  JEarl  Russell. 

Lincoln's  Inn, 
October  19,  18G3.     (Received  October  19.) 

My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  10th  instant,  stating  that  he  was  directed 
by  your  lordship  to  inform  us  that  your  lordship  had  found  it  necessary 
to  give  orders  for  the  seizure  of  the  steam-rams  building  at  Birken- 
head. 

That  the  state  of  completion  of  one  of  these  vessels ;  the  arrival  of 
great  part  of  the  crew  of  the  Florida ;  the  facility  for  escape,  as  shown 
by  the  letters  of  Captain  Inglefield,  of  the  Majestic ;  and  the  recent 
experience  of  the  departure  of  the  Alabama  on  a  pretended  trial-trip, 
rendered  this  step  urgently  necessary. 

And  that  he  was  now  directed  by  your  lordship  to  transmit  to  us  the 
accompanying  papers. 

Mr.  Hammond'was  also  pleased  to  state  that  we  should  observe  that 
these  vessels  were  (in  contradiction  to  the  opinion  of  Mr.  Edwards,  to 
which  we  naturally  gave  great  weight  in  a  former  report)  built  for  the 
confederates  and  their  agent,  Captain  Bullock;  that  they  were  bought 
nominally  for  the  Pasha  of  Egypt  by  M.  Bravay,  a  French  merchant ; 
that  the  Pasha  of  Egypt  at  once  declined  to  have  anything  to  do  with 
them ;  that  in  spite  of  this  refusal  to  purchase  the  vessels,  their  equip- 
ment and  fittings  were  hurried  on  with  unusual  speed ;  that  as  the  time 
approached  when  they  would  be  ready  for  sea  a  great  number  of  men, 
forming  part  of  the  crew  of  the  Florida,  arrived  at  Liverpool ;  that  M. 
Bravay  refused  to  sell  the  vessels  to  the  British  government,  and  main- 
tained that  he  was  bound  to  send  them  to  the  Pasha  of  Egypt,  who  had 
positively  refused  to  take  them. 

Mr.  Hammond  was  also  pleaded  to  state  that  your  lordship  desired 
him  to  call  our  particular  attention  to  the  following  questions,  as  being 
of  urgent  importance  at  the  present  moment: 

1.  The  vessel  being,  as  stated,  under  seizure  and  in  possession  of  the 
officers  of  the  customs,  what  answer  should  be  given  to  parties  who 
should  inquire  under  what  authority  the  seizures  have  been  made? 
Whether  the  answer  should  be,  "  Under  the  foreign-enlistment  act  ;"  or 
more  generally,  "  Under  the  authority  of  the  commissioners  of  customs 
acting  under  the  orders  of  Her  Majesty's  government;"  or  "  Under  the 
orders  of  the  board  of  treasury ; "  or  what  other  answer?  And  further, 
what  parties  are  considered  to  be  entitled  to  make  .inquiry  and  to 
receive  an  answer? 

2.  Whether  the  vessels  being  now  under  seizure  and  in  charge  of  the 
customs,  supported  by  a  force  of  marines,  the  workmen  employed  by 
Messrs.  Laird  should«be  allowed,  if  those  gentlemen  desired  it,  4o  con- 
tinue on  board  and  proceed  with  the  completion  of  the  vessels? 

That  Messrs.  Laird,  as  we  should  see  by  their  letter  of  Thursday,  pre- 
viously to  the  seizure  being  actually  effected,  acquiesced  in  custom- 
house officers  being  placed  on  board  one  of  the  vessels,  with  authority 
to  seize  her  under  certain  circumstances,  which  circumstances  have 
since  occurred;  and  their  subsequent  letter  of  the  9th  instant,  since  the 
seizure  was  effected,  would  appear  to  imply  a  similar  acquiescence. 
Under  these  circumstances  they  would  seem,  to  a  certain  extent,  to 
have  been  assenting  parties  to  the  seizure,  and  may,  perhaps,  be 
thereby  precluded  from  maintaining  an  action  against  the  government, 


BKITISH    CASE    AND     PAPERS.  469 

if  the  result  of  the  proceedings  to  be  hereafter  taken  for  the  condemna- 
tion of  the  vessels  to  the  Crown  should  not  uphold  the  seizure, 
although,  if  the  workmen  were  removed  and  the  work  of  completion 
interrupted,  the  case  might  be  otherwise. 

3.  What  steps  should  now  be  taken  for  maintaining  the  seizure  and 
securing  condemnation? 

Mr.  Hammond  was  further  pleased  to  state  that  he  was  directed  by 
your  lordship  to  request  that  we  would  •  take  these  matters  into  our 
consideration  without  delay  and  report  our  opinion  upon  the  several 
points  stated  by  him,  and  generally  on  the  whole  case,  at  our  earliest 
convenience. 

And  that  we  should  judge  whether  it  might  not  be  desirable  to  report 
separately  upon  the  first  and  second  points,  which  would  seem  more 
especially  to  call  for  immediate  attention. 

In  obedience  to  your  lordship's  commands  we  have  taken  these  papers 
into  our  consideration  and  have  the  honor  to  report — 

That  we  are  of  opinion,  with  respect  to  the  first  question  sub- 
[406]    mitted  to  us  that  the  *answer  to  parties  who  have  a  right  to  make 
the  inquiry  should  be  that  the  seizure  »has  been  made  by  the 
orders  of  Her  Majesty's  government,  under  the  authority  of  the  pro- 
ceedings of  the  foreign- enlistment  act. 

With  respect  to  the  second  question  we  are  of  opinion  that  it  would 
be  expedient  to  allow  the  workmen  of  Messrs.  Laird  to  continue  on 
board  and  proceed  with  the  completion  of  the  vessels,  taking  care  to 
preserve  evidence  of  the  exact  condition  of  the  vessel  at  the  time  of 
seizure,  and  also  letting  it  be  understood  by  Messrs.  Laird  that  what- 
ever they  may  do  is  upon  their  own  responsibility,  and  that  Her 
Majesty's  government  are  not  to  be  regarded  as  giving  any  sanction 
thereto,  which  may  prevent  them  from  offering  evidence  hereafter  of 
anything  which  may  be  so  done. 

With  respect  to  the  third  question,  we  are  of  opinion  that  the  solicitor 
of  the  customs  should  be  instructed  forthwith  to  obtain  the  utmost 
amount  of  legal  evidence,  both  as  to  the  general  facts,  such  as  were 
proved  in  the  case  of  the  Alexandra,  and  as  to  the  particular  circum- 
stances of  these  vessels,  which  must,  of  course,  be  appraised  before  the 
filing  of  the  information,  in  the  usual  manner. 

Attention  should  be  particularly  directed  to  the  proof  of  those  mat- 
ters of  which  the  government  have  received  information  from  their 
agents  abroad,  and  especially  from  Consul  Colquhoun  and  Captain 
Hore,  for  which  purpose  it  may  not  improbably  be  necessary  that  a 
commission  should  issue  for  the  examination  of  witnesses  in  Egypt, 
France,  and  elsewhere. 
We  have,  &c, 

(Signed)  EOUNDELL  PALMEE. 

E,  P.  COLLIEE. 
E.  J.  PHILLIMOEE. 

P.  S. — Since  preparing  this  report  we  have  received  Mr.  Hammond's 
letter  bearing  date  loth  instant,  and  its  inclosures,  with  reference  to 
which  we  propose  to  make  a  further  report. 

E.  P. 

E.  P.  C. 

E.  J.  P. 


470  TREATY    OF    WASHINGTON. 

Ko.  133. 

Mr.  Bruce  to  Mr.  Hammond. 

Whitehall,  October  20,  1863.    (Received  October  20.) 
Sm :  I  am  directed  by  Secretary  Sir  George  Grey^to  transmit  to  you, 
for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a  letter  from 
Messrs.  Townsend  and  Jackson,  containing  a  report  as  to  the  steam- 
rams  which  are  in  course  of  construction  at  Birkenhead. 
I  am,  &c, 
(Signed)  H.  A.  BRUCE. 


[In closure  in  No.  133. J 
Messrs.  Toivnsend  and  Jackson  to  Mr.  Greenwood. 

Birkenhead,  October  19,  1863. 
Dear  Sir  :  We  learn,  on  what  we  consider  good  authority,  that  the  builders  have 
given  orders  to  put  as  manyTtien  as  possible  to  work  overtime  at  'the  ram  No.  1,  i.  e.,  a 
day  and  a  half  each  in  lieu  of  a  day,  their  object  being  to  have  her  complete  in  every 
respect  against  the  time  when  the  judgment  of  the  court  is  given  in  the  case  of  the 
Alexandra. 

We  are,  &c, ' 

(Signed)  ,  TOWNSEND  AND  JACKSON. 


[497]  *No.  134. 

Mr.  Hammond  to  Mr.  Hamilton. 

'  Foreign  Office,  October  20,  1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaint 
the  lords  commissioners  of  Her  Majesty's  treasury  that  his  lordship  has 
thought  it  necessary  specially  to  consult  the  law-advisers  of  the  Crown 
with  reference  to  certain  questions  more  immediately  arising  out  of  the 
seizure  of  the  iron-clad  vessels  under  construction  by  Messrs.  Laird,  of 
Birkenhead ;  and  I  am  to  state  to  you,  for  the  information  of  their  lord- 
ships, and  in  order  that  they  may  give  corresponding  instructions  to 
their  subordinate  officers — 

1.  That  if  any  questions  should  be  asked  as  to  the  authority  under 
which  the  vessels  have  been  seized,  the  answer  to  parties  who  have  a 
right  to  make  this  inquiry  should  be,  that  the  seizure  has  been  made 
by  the  orders  of  Her  Majesty's  government  under  the  authority  of  the 
foreign-enlistment  act. 

2.  That  it  would  be  expedient  to  allow  the  workmen  of  Messrs.  Laird 
to  continue  on  board  and  proceed  with  the  completion  of  the  vessels, 
taking  care  to  preserve  evidence  of  the  exact  condition  of  the  vessels  at 
the  time  of  seizure,  and  also  letting  it  be  understood  by  Messrs.  Laird 
that  whatever  they  may  do  is  upon  their  own  responsibility,  and  that 
Her  Majesty's  government  are  not  to  be  regarded  as  giving  any  sanction 
thereto,  which  may  prevent  them  from  offering  evidence  hereafter  of 
anything  which  may  be  so  done. 

3.  That  the  solicitor  of  the  customs,  with  the  assistance  and  co-opera- 
tion of  the  solicitor  of  the  treasury,  should  forthwith  obtain  the  utmost 
amount  of  legal  evidence,  both,  as  to  the  general  facts,  such  as  were 
proved  in  the  case  of  the  Alexandra,  and  as  to  the  particular  circum- 


BRITISH   CASE    AND   PAPERS.  471 

stances  of  these\ vessels,  which  must,  of  course,  be  appraised  before  the 
filing  of  the  information  in  the  usual  manner. 

Attention  should  be  particularly  directed  to  the  proof  of  those  mat- 
ters of  which  the  government  have  received  information  from  their 
agents  abroad,  and  especially  from  Consul  General  Oolquhoun  and  Cap- 
tain Hore,  for  which  purpose  it  may  not  improbably  be  necessary  that 
a  commission  should  issue  for  the  examination  of  witnesses  in  Egypt, 
France,  and  elsewhere. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


2STo.  135. 

Mr.  Hamilton  to  Mr.  Hammond. 

•         .  Treasury  Chambers, 

October  20,  1863.  (Received  October  20.) 
Sir  :  With  reference  to  the  letter  of  this  board  of  yesterday's  date, 
forwarding  copies  of  two  letters  from  Messrs.  Laird,  relating  to  the  iron- 
clad vessels  which  they  are  building,  I  am  commanded  by  the  lords 
commissioners  of  Her  Majesty's  treasury  to  transmit  to  you,  for  the 
consideration  of  Earl  Russell,  the  inclosed  copy  of  a  letter,  dated  this 
day,  from  the  board  of  customs,  with  copies  of  the  accompanying  papers 
relating  to  the  proposed  trial-trip  of  the  El  Tousson,  one  of  these  ves- 
sels. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


fliiclosure  1  in  No.  135.] 
Mr.  Dickins  to  Mr.  Hamilton. 

Custom-House,  October  20,  1863. 
Sir  :  I  aui  directed  to  transmit  to  you  the  annexed  copy  of  a  report  of  the  col- 
lector of  this  revenue  at  Liverpool,  dated  the  19th  instant,  forwarding  a  letter  from. 
Messrs.  Laird  Brothers,  requesting  that  the  irou-clad  steamer  El  Tousson,  now  under 
detention  at  Birkenhead,  may  be  allowed  to  proceed  on  a  trial-trip,  and  I  am  to  signify 
the  request  of  the  board  to  be  favored  with  the  directions  of  the  lords  commissioners 
of  Her  Majesty's  treasury  on  the  application. 
I  am,  &c, 
(Signed)  GEO.  DICKINS. 


[408]  *[Inclosure  2  in  No.  135.J 

Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  October  19,  1863. 
Honorable  Sirs  :  I  have  just  received  the  inclosed  letter  from  the  Messrs.  Laird 
Brothers,  respecting  the  intended  trial-trip  of  one  of  the  iron-clad  steamers,  and  beg 
to  submit  the  same  to  the  board,  in  order  that  I  may  be  instructed  how  to  act.  I  also 
transmit  a  note  from  the  builders  to  me,  stating  that  a  similar  application  had  been 
forwarded  to  the  treasury. 

With  reference  to  the  observations  regarding  the  possibility  of  the  ship  being  taken 
forcible  possession  of,  I  am  respectfully  of  opinion  that  there  never  existed  any  such 
intention,  and  that  the  Crown  has  nothing  to  fear  as  to  the  ship  not  returning.  Be- 
sides, there  is  a  sister  ship  in  our  possession  of  the  value  of  £105,000,  which  is  ample 
guarantee  for  the  safe  custody  of  the  vessel  about  to  be  tried ;  not  that  I  for  a 
moment  doubt  the  fair  dealing  of  the  builders. 
Respectfullv,  &c, 
(Signed)  S.  PRICE  EDWARDS. 


472  TREATY    OF   WASHINGTON. 

» 

[Inclosnre  3  in  No.  135.J 

Messrs.  Laird  Brothers  to  Mr.  Edwards. 

'   Birkenhead  Iron- Works,  Birkenhead,  October  19, 1863. 

Sir  :  Referring  to  the  several  communications  we  have  had  with  you  respecting  the 
trial-trip  of  the  iron-clad  steamer  El  Tousson,  now  in  course  of  completion  in  the 
great  float,  and  the  decision  come  to  on  or  about  the  21st  of  September  last  to  post- 
pone the  trial  trip  until  the  work  on  board  was  in  a  more  advanced  state  toward  com- 
pletion, we  now  beg  to  inform  you  that  the  work  is  now  in  such  a  state  of  progress  as 
to  make  it  desirable  to  have  a«  trial-trip  to  test  the  working  of  the  machinery ;  and  we 
therefore  shall  be  glad  to  know  whether,  with  the  information  Her  Majesty's  govern- 
ment have  been  able  to  obtain  since  the  date  of  our  former  letter,  they  still  consider 
that  the  precautions  of  having  a  force  of  seamen  and  marines  on  board  are  necessary 
to  protect  our  property. 

We  propose  that  the  trial-trip  shall  take  place  about  the  end  of  this  week  or  the 
beginning  of  the  week  after,  say  some  day  between  the  22d  and  29th  instant,  and  that 
it  should  not  extend  beyond  what  is  considered  the  limits  of  the  port,  or  within  sight 
of  the  light-ship. 

No  circumstances  have  come  to  our  knowledge  to  induce  us  to  apprehend  any 
attempt  to  take  forcible  possession  of  the  vessel  on  her  trial-trip  ;  and  aftef  the  fullest 
inquiry  we  are  satisfied  that  if  any  such  project  ever  existed  in  the  port  of  Liverpool, 
the  real  facts  of  the  case  would  have  been  discovered  before  this,  and  the  partiea 
implicated  placed  under  such  surveillance  as  to  render  the  execution  of  this  design 
impossible. 

We  remain,  &c, 

(Signed)  LAIRD  BROS. 


No.  136. 


The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  20, 1863.  (Beeeived  October  20.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Bussell,  a  copy  of  a 
letter,  dated  the  19th  instant,  from  Captain  Inglefield,  of  the  Majestic, 
together  with  copies  of  his  correspondence  with  Messrs.  Laird  respect- 
ing the  steps  necessary  to  be  taken  to  maintain  the  seizure  of  the  iron-clad 
ship  El  Mounassir,  in  course  of  completion  in  their  graving-dock  at 
Birkenhead. 

I  am,  &c, 

(Signed)  A.  PAGET. 


[  409J  *  [Inclosnre  1  in  Xo.  136.] 

Captain  Inglefield  to  the  secretary  to  the  admiralty. 

Majestic,  Bock  Ferry,  October  19, 1863. 

Sir  :  I  have  the  honor  to  forward  yon  copies  of  a  correspondence  which  I  have  had- 
with  Messrs.  Laird  upon  the  subject  of  the  El  Mounassir,  now  lying  in  their  graving- 
dock,  and  which  vessel,  compared  with  the  El  Tousson,  is  in  so  backward  a  state  that 
I  did  not  conceive  it  necessary  to  take  the  precautions  authorized  by  your  letter  of  the 
9th  instant,  viz,  to  effect  and  maintain  the  seizure,  &c,  by  putting  a  body  of  seamen 
and  marines  on  board,  but  I  availed  myself  of  your  permission  to  provide  in  such  other 
manner  as  may  seem  most  advisable  under  the  circumstances.  x 

Messrs.  Lairds'  letter  of  the  12th  instant  has  reference  to  a  proposal  which  I  consid- 
ered, under  the  circumstances,  would  be  a  sufficient  guarantee  for  the  safety  of  the  El 
Mounassir,  a  custom-house  officer  being  actually  in  charge. 

My  reply  of  the  14th  instant  was  couched  in  terms  as  courteous  as  possible,  Messrs. 
Laird  seeming  to  infer  that  a  doubt  of  their  good  faith  was  implied  by  my  suggestion. 

The  rejoinder  from  the  Messrs.  Laird  of  the  14th  instant  is  the  final  reply  from  those 


BRITISH  CASE  AND  PAPERS.  473 

gentlemen,  and  I  have  waited  until  to-day  to  forward  these"communications,  that  I 
might  assure  myself  of  the  validity  of  the  precautions  I  have  adopted  in  the  case  of 
this  vessel.  I  trust  that  this  may  meet  with  their  lordships'  approval ;  and  I  have 
only  further  to  remark  that  the  El  Mounassir,  being  a  considerable  distance  from  either 
this  ship  or  the  gun-boat,  it  would  be  very  inconvenient  to  adopt  a  more  rigorous  sur- 
veillance, independent  of  the  difficulties,  under  any  circumstances,  of  placing  a  guard 
in  the  crowded  yard  of  the  Messrs.  Laird. 

I  have,  &c, 

(Signed)  A.  E.  INGLEFIELD. 


[Inclosure  2  in  No.  136.] 

Messrs.  Laird  Brothers  to  Captain  Inglefield. 

Birkenhead  Iron- Works,  Birkenhead,  Octoler  12, 1863. 
Silt:  Understanding  from  you  that  you  have  received  instructions   from  Her  Majes- 
ty's government  to  take  such  precautions  as  you  may  deem  necessary  to  prevent  the 
iron-clad  El  Mounassir  (now  being  completed  in  our  graving-dock)  from  being  forcibly 
taken  away  without  our  consent,  and  consequently  nullifying  the  engagement  which 
exists  between  us  and  Her  Majesty's  government  in  respect  to  this  vessel,  and  as  the 
vessel  cannot  be  removed  from  our  graving-dock  without  lifting  the  caisson  at  the 
entrance,  and  thus  affording    free  egress   to  the  river,  we  hereby  engage  to  give  you 
notice  of  our  intention  to  lift  the  caisson  for  the  purposes  of  working  our  dock,  so  that 
you  may  take  such  steps  as  you  may  think  necessary  to  protect  our  property  against 
the  attempt  which  Her  Majesty's  government  apprehend. 
We  are,  &c, 
(Signed)  LAIRD  BROS. 


[Inclosure  3  in  No.  136.] 
Captain  Inglefield  to  Messrs.  Laird  Brothers. 

Majestic,  Bock  Ferry,  Octoler  14, 1863. 

Gentlemen  :  I  beg  to  acknowledge  the  receipt  of  your  letter  of  yesterday,  engaging 
to  give  me  reasonable  notice  of  your  intention  to  lift  the  caisson  of  the  graving-dock, 
in  which  the  iron-clad  vessel  El  Mounassir  is  now  being  completed ;  and,  in  reference 
to  our  conversation  yesterday,  regarding  the  possibility  of  any  of  your  work-people 
being  induced  to  open  the  sluices  without  your  cognizance,  and  by  which  in  one  tide 
the  caisson  might  be  floated  out  of  its  position,  and  the  iron  vessel  thereby  withdrawn 
into  the  river,  I  consider  your  proposal  that  the  keys  whereby  these  sluices  are  worked 
should  be  removed  from  the  place  where  they  are  at  present  kept  to  another  of  greater 
security,  under  your  personal  care,  is  deserving  of  my  thanks,  and  is  again 
[410]  suggestive  *of  the  good  faith  which  has  marked  your  transactions  with  me  in 
this  unpleasant  matter. 

Allow  me  to  talte  this  opportunity  of  assuring  you  that,  as  far  as  I  have  been  in- 
formed, such  has  never  been  doubted  by  those  authorities,  who,  for  other  reasons,  have 
considered  it  necessary  to  place  your  iron  vessels  under  the  surveillance  of  the  customs*. 

I  have  only  further  to  request  that  you  will  let  me  be  informed  of  your  intention  to 
open  your  graving-dock  at  least  twenty-four  hours  before  the  time  to  float  the  caisson,  and 
thus  admit  of  my  making,  by  personal  interview,  an  arrangement  for  the  security  of 
your  vessel. 

Further,  having  a  specific  duty  to  perform,  I  beg  you  will  not  misunderstand  me,  or 
imagine  I  am  actuated  by  a  want  of  confidence  in  your  assurances,  should  I  find  at  a 
later  period  it  becomes  my  duty  to  absolve  you  from  your  present  engagement  to  me, 
and  take  such  other  precautions  as  the  then  progress  of  the  iron-clad  vessel  toward 
completion  would  justify. 

In  the  mean  time  I  am  satisfied  that  the  present  arrangements  are  sufficient,  and,  as 
you  expressed  to  me,  doubtless  more  convenient  to  yourselves,  than  placing  a  party  of 
men  as  a  guard  upon  your  premises. 
I  am,  &c, 
(Signed)  E.  A.  INGLEFIELD. 


474  TREATY    OF   WASHINGTON. 

[Inclosure  4  in  !No.  136.] 
Messrs.  Laird  Brothers  to  Captain  Inglefield. 

Birkenhead  Iron- Works,  Birkenhead,  October _14,  1863. 

Sir  :  We  beg  to  acknowledge  the  receipt  of  your  letter  of  this  date,  in  which  you 
state  that  you  have  received  our  letter  of  the  12th,  in  which  we  engage,  for  the  reasons 
enumerated  therein,  to  give  you  reasonable  notice  of  our  intention  to  lift  the  caisson 
for  the  purpose  of  working  our  dock,  so  that  you  may  take  such  steps  as  you  may  think 
necessary  to  protect  our  property  against  any  forcible  abduction  which  Her  Majesty's 
government  apprehends! 

And  further,  that  you  understood  from  the  conversation  that  we  had  yesterday  re- 
garding the  possibility  of  our  people  being  induced  to  open  the  sluices  without  our 
cognizance,  and  by  which  in  one  tide  the  caisson  might  be  floated  out  of  its  present 
position,  and  the  iron  vessel  thereby  withdrawn  into  the  river,  that  we  undertook  that 
the  keys  whereby  these  sluices  are  worked  should  be  removed  from  the  place  where 
they  are  at  present  kept  to  another  of  greater  security  under  our  personal  care. 

We  beg  to  inform  you  that  we  are  quite  prepared  to  confirm  the  engagement  given 
in  our  letter  of  the  12th,  but  you  are  under  a  misapprehension  in  supposing  that  we 
undertook  that  the  keys  whereby  these  sluices  are  worked  should  be  removed  from  the 
place  where  they  are  at  present  kept  to  another  of  greater  security  under  our  personal 
care,  as  we  are  not  prepared  to  remove  the  keys  of  the  sluices  from  under  the  care  of 
the  superintendent  of  our  docks,  inj  whose  good  faith  and  discretion  we  have  implicit 
reliance,  and  we  have  given  him  special  instructions  to  place  the  keys  in  a  place  of 
security,  under  lock  and  key,  which  we  know  he  has  done. 

With  regard  to  the  other  part  of  your  letter,  we  offer  no  opinion  as  to  the  necessity 
or  otherwise  which  the  proceedings  of  Her  Majesty's  government  have  taken  or  may 
think  fit  to  take  in  relation  to  this  vessel ;  nor  do  we  admit  ihat  the  engagement  given 
by  us  is  intended  as  an  admission  on  our  part  that  one  arrangement  for  carrying  out 
these  proceedings  is  more  convenient  than  another ;  but  we  undertake  that  we  will 
give  you  reasonable  notice  of  our  lifting  the  caisson,  through  wMch  alone  egress  can 
be  had  to  the  river,  so  that  you  may  take  such  steps  as  you  think  necessary  to  protect 
our  property  against  the  attempt  which  Her  Majesty's  government  apprehends  ;  and, 
as  you  have  informed  us  that  you  think  at  least  twenty-four  hours'  notice  is  necessary 
to  admit  of*  your  making,  by  a  personal  interview,  an  arrangement  for  the  security  of 
our  vessel,  we  will  endeavor  to  give  you  not  less  than  this  length  of  notice. 
We  are,  &c, 
(Signed)  LAIRD  BROS. 


[411]  *No.  13.7. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  20, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  herewith  a  copy 
of  a  letter  which,  by  his  lordship's  direction,  I  have  addressed  to  the 
treasury,1  relative  to  certain  questions  more  immediately  arising  out  of 
the  seizure  of  the  iron-clad  vessels  at  Birkenhead,  with  reference  to 
which  it  has  been  thought  necessary  specially  to  consult  the  law-advisers 
of  the  Crown. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  138. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  21, 1863. 
Sir:  I  have  laid  before  Earl  Russell  your  letter  of  the  19th  instant, 
inclosing  copies  of  two  letters  from  Messrs.  Laird. 

1  No.  134. 


BRITISH    CASE    AND    PAPERS.  475 

It  appears  from  these  letters — 

1.  That  Messrs.  Laird  are  desirous  to  be  allowed  .to  make  a  trial -.trip 
with  one  of  the  iron-clads  built  by  them,  and  now  under  seizure. 

2.  That  they  seek,  while  making  that  trial-trip,  to  be  relieved  from 
the  obligation  imposed  on  them  before  the  vessel  was  seized,  of  having 
on  board  during  the  trial-trip  which  some  time  since  was  under  contem- 
plation, a  party  of  seamen  and  marines  sufficient  to  insure  the  vessel 
against  any  attempt  to  run  away  with  her. 

I  am  to  request  that  you  will  acquaint  the  lords  commissioners  of  Her 
Majesty's  treasury,  that  after  what  happened  in  the  case  of  the  Alabama, 
Lord  Eussell  can  by  no  means  consent  on  the  part  of  the  foreign  office, 
to  any  trial  whatever  taking  place  until  the  legal  character  of  both  the 
vessels  has  been  decided  according  to  law. 

Lord  Eussell  could  not  have  consented,  even  if  a  trial-trip  had  been 
allowed,  to  its  being  made  without  the  precaution,  long  since  prescribed, 
of  an  armed  party  being  on  board  sufficient  to  insure  the  vessel  being 
brought  back  into  port ;  and  still  less  can  his  lordship  now  consent  to 
the  armed  force  which  is  stationed  so  as  to  uphold  the  custom-house 
officers  in  possession  of  the  vessel  being  removed  from  their  position, 
which  would  be  nearly  equivalent  to  replacing  the  Messrs.  Laird  in  full 
possession  of  the  vessels,  which  are  now  held  for  the  Crown. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  130. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  21, 1863. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  to  be  laid 
before  the  lords  commissioners  of  the  admiralty,  a  copy  of  a  letter  which 
his  lordship  has  caused  to  be  addressed  to  the  treasury,1  in  reply  to  one 
from  that  department,  inclosing  two  applications  from  Messrs.  Laird  on 
the  subject  of  the  iron- clad  vessels,  in  their  yard  at  Birkenhead,  which 
have  been  seized  on  behalf  of  the  Crown. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[412]  '  *No.  140. 

The  law-officers  of  the  Croicn  to  Earl  Russell. 

Lincoln's  Inn, 
October  21,  1863.  (Eeceived  October  21.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands,  signified 
in  Mr.  Hammond's  letter  of  the  15th  October  instant,  stating  that,  with 
reference  to  his  letter  of  the  10th  instant  on  the  subject  of  the  iron-clad,s 
under  seizure  at  Liverpool,  he  was  directed  by  your  lordship  to  transmit 
to  us  .therewith  farther  correspondence*  respecting  those  vessels,  to  be 
considered  with  the  other  papers  then  before  us. 

1  No.  138. 


476  TREATY    OF   WASHINGTON. 

We  are  also  honored  with  Mr.  Hammond's  second  letter,  of  the  15th 
instant,  stating  that  he  was  directed  by  your  lordship  to  send  us  confi- 
dentially a  copy  of  a  dispatch  received  from  Her  Majesty's  consul-gen- 
eral in  Egypt,  respecting  M.  Bravay's  communications  with  the  Viceroy 
of  Egypt  on  the  subject  of  the  iron-clads. 

We  are  also  honored  with  Mr.  Hammond's  letter  of  the  19th  instant, 
transmitting  copy  of  a  letter  from  the  secretary  of  the  treasury,  inclos- 
ing copies  of  two  letters  from  Messrs.  Laird,  respecting  the  seizure  of 
these  vessels  and  requesting  to  be  allowed  to  take  one  of  them  on  a 
trial-trip.  He  was  also  pleased  to  inclose,  for  our  complete  information 
in  regard  to  what  has  passed  with  reference  to  these  vessels,  some 
further  correspondence  with  the  board  of  treasury. 

We  are  also  honored  with  Mr.  Hammond's  second  letter,  of  the  19th 
instant,  transmitting  a  further  paper,  relative  to  the  ironclads  at  Liver- 
pool. 

We  are  also  honored  with  Mr.  Hammond's  letter  of  the  20th  instant, 
stating  that,  with  reference  to  his  letter  of  the  19th  instant,  inclosing  a 
letter  from  the  treasury,  with  the  letters  of  Messrs.  Laird  therein  referred 
to,  in  which  they  apply  for  permission  to  make  a  trial-trip  with  one  of 
the  iron-clads  now  under  seizure,  and  without  the  presence  on  board  of 
a  guard  to  insure  her  being  brought  back  into  port,  he  was  to  transmit 
to  us  a  draught  of  a  letter  which  your  lordship  proposes  to  address  to  the 
treasury  in  reply ;  and  to  request  that  we  would  take  the  same  into  con- 
sideration and  report  to  your  lordship  our  opinion  thereupon. 

We  are  also  honored  with  Mr.  Hammond's  second  letter,  of  the  20th 
instant,  stating  that  he  was  directed  by  your  lordship  to  acquaint  us, 
with  reference  to  the  latter  part  of  our  report  of  the  19th  instant,  that 
your  lordship  will  be  ready  at  once,  and  at  any  future  time,  to  require 
the  presence  in  England  of  Mr.  William  Grey,  secretary  of  Her  Majesty's 
embassy  at  Paris,  and  of  Captain  Hore,  if  we  should  wish  to  have  any 
personal  communication  with  them  ;  that,  as  regards  Mr.  Golquhoun, 
Her  Majesty's  agent  and  consul-general  in  Egypt,  your  lordship  would 
not  wish  to  bring  him  over  to  England  from  Egypt  until  the  trial  comes 
on,  and,  therefore,  if  the  evidence  to  be  obtained  from  Egypt  is  desired 
before  that  time,  a  commission  might  be  sent ;  that,  there  is  a  legal  vice- 
consul  in  Egypt,  Mr.  Albany  Fonblanque,  who  might,  if  necessary,  be 
employed  on  such  a  commission  if  Mr.  Colquhoun  should  be  incapacitated 
as  a  witness  from  being  so. 

We  are  also  honored  with  Mr.  Hammond's  third  letter,  of  the  20th 
instant,  transmitting  a  copy  from  Messrs.  Townshend  and  Jackson,  of  Bir- 
kenhead, to  the  solicitor  of  the  treasury,  respecting  the  exertions  made 
by  the  builders  to  complete  one  of  those  vessels. 

In  obedience  to  your  lordship's  commands,  we  have.taken  these  papers 
into  consideration,  and  have  the  honor  to  report — 

That,  with  reference  to  Mr.  Hammond's  letter  of  the  loth  instant  and 
to  the  papers  previously  sent  to  us,  we  wish  to  take  this  opportunity  of 
observing  that  Her  Majesty's  government  appear  to  be  in  a  position  to 
justify  the  seizure  of  these  vessels  by  sufficient  evidence  that  they  were 
originally  intended  for  the  Confederate  States,  and,  if  this  fact  should 
be  established,  we  think  it  will  be  for  the  Messrs.  Laird  or  M.  Bravay  to 
sjhow,  if  they  can,  that  there  was  such  a  real  and  bona- fide  transfer  of 
the  original  contract  to  M.  Bravay  as  gave  him  an  independent  control 
over  the  vessels  and  their  destination,  in  which  case  the  further  question 
would  arise  whether  M.  Bravay,  in  fitting  them  out  at  Liverpool,  had  a 
fixed  intention  that  they  should  be  employed  in  the  confederate  service. 
This  question  depending,  as  it  in  great  measure  may,  upon  moral  and 


BRITISH    CASE    AND     PAPERS.  477 

circumstantial  evidence,  makes  it  important  to  exclude,  if  possible,  the 
supposition  which  Mr.  Colquhoun's  letter  of  the  6th  October  still  leaves 
in  some  degree  open,  that  M.  Bravay  may  really  have  contemplated  a 
sale  of  'these  vessels  to  the  Turkish  through  the  Egyptian  government, 
and  it  is  very  desirable  that  the  communications  between  M.  Bravay  and 
the  Pasha  of  Egypt  should  be  brought  to  some  definite  conclusion,  with 

respect  to  which  our  present  information  is  not  satisfactory,  having 
[413]    regard  more  Especially  to  the  statement  that  the  Pasha  desired 

the  designs  of  the  vessels  to  be  sent  out  to  him  for  inspection. 
With  respect  to  Mr.  Hammond's  letter  of  the  20th  instant  and  the  in- 
closed draught  of  your  lordship's  proposed  letter  to  Messrs.  Laird,  we  are 
of  opinion  that-  the  latter  is  right  and  proper  to  be  sent.  It  might  have 
been  possible,  consistently  ^rith  the  principle  upon  which  Messrs.  Laird 
are  permitted  to  remain  on  board  and  complete  the  vessels,  to  allow  a 
trial-trip,  under  sufficient  precautions,  without  prejudice  to  the  title  of 
the  Crown  by  seizure,  and  that  course  might  have  been  recommended, 
if  regard  were  principally  paid  to  the  risk  of  damages  in  the  event  of 
the  seizure  not  being  upheld.  But,  in  all  the  circumstances  of  the  case, 
we  are  not  prepared  to  express  any  dissent  from  the  conclusion  at  which 
your  lordship  appears  to  have  arrived. 

With  regard  to  Mr.  Hammond's  second  letter,  of  the  20th  instant,  the 
communication  therein  contained  had  better,  in  our  opinion,  be  reserved 
for  future  consideration,  together  with  the  whole  subject  of  the  evidence 
to  be  produced  in  support  of  the  recent  seizure. 

We  have,  &c, 

(Signed)  KOUNDELL  PALMER. 

ROBERT  P.  COLLIER. 
ROBERT  PHILLIMORE. 


ISTo.  141. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  21,  1863.  (Received  October  21.) 
Sir  :  With  reference  to  your  letter  dated  this  day,  I  am  commanded 
by  my  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a  letter  which 
their  lordships  have  this  day  caused  to  be  addressed  to  Messrs.  Laird, 
relating  to  the  proposed  trial-trip  of  one  of  their  iron-clad  vessels,  the 
El  Tousson. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  in  Xo.  141.1 

Mr.  Hamilton  to  Messrs.  Laird  Brothers. 

Treasury  Chambers,  October  21,  1863. 
Gentlemen  :  In  reply  to  your  letters  of  the  17th  instant,  relating  to  the  iron-clad 
vessels  which  you  are  fitting  out,  I  am  commanded  by  the  lords  commissioners  of  Her 
Majesty's  treasury  to  inform  you  that,  after  duly  weighing  all  the  circumstances  of 
'the  case,  Her  Majesty's  government  are  unable  to  consent  to  the  trial-trip  of  one  of 
those  vessels,  the  El  Tousson,  taking  place  as  proposed  by  you ;  neither  can  they  allow 


478         .  TREATY    OF   WASHINGTON. 

the  removal  of  the  armed  force  which  is  stationed  for  the  purpose  of  upholding  the 
custom-house  officers  in  possession  of  the  vessels. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


No.  142. 

Mr.  Hamilton  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  21, 1863. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  yesterday,  inclos- 
ing copy  of  a  letter  from  Captain  Inglefield,  of  Her  Majesty's  ship 
Majestic,  with  the  correspondence  with  Messrs.  Laird,  therein  referred 
to,  respecting  the  iron-clad  No.  2,  now  under  seizure  in  Messrs.  Laird's 
graving-dock,  at  Liverpool ;  and  I  am  to  request  that  you  will  acquaint 
the  lords  commissioners  of  the  admiralty  that  Lord  Eussell  fully  relies 
on  Captain  Inglefield's  vigilance  and  zeal  in  maintaining  the  officers  of 
the  customs  in  safe  possession  of  both  the  iron-clads  until  such  time  as 
the  questions  affecting  those  vessels  are  decided  in  a  court  of  law. 
[414]        #Captain  Inglefield  will,  of  course,  feel  himself  justified  in  put- 
ting a  guard  of  marines  on  board  the  iron-clad  No.  2,  if  he  should 
be  of  opinion  that  circumstances  render  it  expedient  to  do  so. 

Lord  Eussell  would  be  glad  to  know  Captain  Inglefield's  opinion  on 
the  point  of  allowing  Messrs.  Laird's  workmen  to  continue  their  work 
for  the  completion  of  either  or  both  of  the  vessels. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  143. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  22, 1863. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  for  the  infof - 
mation  of  the  lords  commissioners  of  Her  Majesty's  treasury,  a  copy  of 
a  letter  which  his  lordship  has  caused  to  be  addressed  to  the  admiralty1 
respecting  the  measures  to  be  adopted  by  Captain  Inglefield  with  a  view 
to  maintaining  the  officers  of  the  customs  in  safe  possession  of  both  the 
iron-clad  vessels  in  course  of  construction  at  Birkenhead,  and  request- 
ing Captain  Inglefield's  opinion  on  the  point  of  allowing  Messrs.  Laird's 
workmen  to  continue  their  work  for  the  completion  of  either  or  both  of 
the  vessels. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  144. 

Earl  Eussell  to  Mr.  Colquhoun. 

Foreign  Office,  October  23, 1803. 
.  Sir:  With  reference  to  your  dispatch  of  the  6th  instant  and  to  your 
telegram  of  the  16th  instant,  I  have  to  state  to  you  that  it  may  be  very 

1  No.  142. 


BRITISH    CASE    AND    PAPERS.  <        479 

important,  in  the  proceedings  which  will  be  instituted  for  the  condem- 
nation of  the  iron-clads  now  under  seizure  by  the  Crown,  that  the  Crown 
should  be  able  to  show  that  the  supposition  that  M.  Bravay  may  really 
have  contemplated  a  sale  of  those  vessels  to  the  Porte  through  the  Vice- 
roy of  Egypt  has  no  real  foundation,  and  also  that  the  nature  of  the 
communications  between  M.  Bravay  and  the  Viceroy  in  regard  to  these 
vessels,  and  the  result  thereof,  should  be  clearly  established,  more  espe- 
cially with  reference  to  the  stalement  that  the  Viceroy  desired  the 
designs  of  the  vessels  to  be  sent  out  to  him  for  inspection. 

As  it  is  important  that  the  information  now  sought  should  be  given 
in  such  a  shape  as  to  admit  of  its  forming  an  element  in  determining  the 
course  which  the  law-officers  of  the  Crown  may  take  in  proceeding  against 
the  vessels,  you  would  do  well  to  communicate  confidentially  with  Mr. 
Legal  Vice-Consul  Fonblanque  as  to  the  precise  form  in  which  the  infor- 
mation should  be  sent  home. 

I  am,  &c, 

(Signed)  BUSSELL. 


Xo.  145. 

Mr.  Colquhoun  to  Earl  Russell. 

[Telegraphic] 

Cairo,  October  24, 1863.     (Beceived  October  24.) 
The  Viceroy  informs  me  he  positively  refused  acceptance  of  any  of 
Bravay's  contracts  within  a  few  days  after  his  accession,  that  is  to  say, 
probably  about  the  30th  of  January. 


[415]  *;NTo.  146. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  24,  1863.  (Beceived  October  24.) 
Sir  :  With  reference  to  your  letter  of  the  21st  instant,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  send  you  here- 
with, for  the  information  of  Earl  Bussell,  a  copy  of  a  letter  from  Captain 
Inglefield,  of  the  Majestic,  stating  that  he  does  not  consider  it  expedi- 
ent to  suspend  the  works  now  going  forward  on  board  the  iron-clads 
now  under  seizure  at  Birkenhead. 

My  lords  desire  me  to  state  that  another  gun-boat  has  been  ordered 
to  be  sent  to  Liverpool  immediately  to  assist  Captain  Inglefield  to  main- 
tain the  seizure. 
I  am,  &c, 
(Signed)  W.  G.  BOMAINE. 


[Inclosnre  in  ~So.  146.] 
Captain  Inglefield  to  the  secretary  to  the  admiralty. 

Majestic,  Rock  Ferry,  Octooer  23,  1863. 
Sir  :  I  have  the  honor  to  acknowledge  your  letter  of  the  22d  instant,  inclosing  a  copy 
of  a  letter  dated  the  21st  of  October  from  the  secretary  of  state  for  foreign  affairs,  re- 


480  TREATY    OF    WASHINGTON. 

questing  my  opinion  "  on  the  point  of  allowing  Messrs.  Laird's  workmen  to  continue 
their  work  for  the  completion  of  either  or  both  of  the  iron-clad  vessels." 

After  mature  consideration  I  am  of  opinion — 

1st.  That  when  the  vessel  now  in  Messrs.  Laird's  graving-dock  is  nearly  completed 
it  will  be  prudent  to  have  her  more  entirely  under  surveillance,  by  placing  a  dispatch- 
vessel  or  gun-boat  in  the  river  opposite  Messrs.  Laird's  yard.  Under  these  conditions, 
together  with  the  provision  already  made,  I  have  no  apx>rehension  that  either  vessel 
could  be  forcibly  carried  out  of  British  waters. 

2dly.  That  the  suspension  of  the  work  on  board  these  vessels  (by  which  a  large  body 
of  men  would  be  thrown  out  of  employment)  would  tend  materially  to  increase  the 
ill-feeling  which  has  been  already  exhibited  by  the  Messrs.  Laird's  operatives  and 
others  toward  the  executive  employed  in  sup por ting  the  custom-house  officers  in 
maintaining  the  seizure  of  the  iron-clads. 

3dly.  Under  these  circumstances,  I  do  not  conceive  that  it  becomes  necessary,  nor 
would  it,  perhaps,  be  expedient,  to  suspend  the  works  now  going  forward  on  board  the 
iron-clad  vessels  under  seizure. 
I  am,  &c, 
(Signed)  E.  A.  IXGLEFIELD. 


No.  147. 

Mr,  Hammond  to  Khalil  Effcndi. 

Foreign  Office,  October  24,  18G3. 
Sir:  I  suggested  to  you  some  time  ago  that,  as  the  Porte  was  desirous 
of  purchasing  the  iron-clad  steamers  building  by  Messrs.  Laird,  at 
Birkenhead,  you  had  better  apply  directly  to  the  builders. 

Will  you  have  the  goodness  to  inform  me  whether  you  made  any  such 
application  to  Messrs.  Laird;  and,  if  so,  what  answer  you  received  ? 
I  have,  &c, 
(Signed)  E.  HAMMOND. 


[416]  *No.  148. 

Khalil  Effendi  to  Mr.  Hammond. 

Bryanstone  Square,  le  24  octobre  1863. 

(Eeceived  October  24.) 

Monsieur:  Conformement  au  desir  que  vous  m'exprimez  dans  votre 
lettre  d'aujourd'hui,  j'ai  Fhonneur  de  vous  informer  qu'apres  avoir  recu  de 
mon  gouvernement  une  autorisation  speciale,  j'ecrivis,  le  9  de  ce  mois,  a 
Messrs.  Laird  et  cie.  pour  leur  demander  si  les  deux  batiments  cui- 
rasses construits  par  eux  etaint  a  vendre,  et  dans  ce  cas  a  quel  prix  ils 
nous  les  c6deraient.  Messrs.  Laird  me  repondirent  le  16  courant  pour 
me  dire  qu'ils  avaient  ecrit  a  Messrs.  A.  Bravay  et  cie.,  et  que  ceux-ci, 
en  Pabsence  d'un  de  leurs  associes,  ne  pouvaient  reprondre  a  mes  ques- 
tions avant  trois  ou  quatre  jours.  Depuis  lors,  je  n'ai  rien  recu,  et  je 
suis  toujours  dans  Fattente. 

Cependant,  je  dois  vous  informer  que  notre  ambassadeur  a  Paris  a 
recu,  en  meine  temps  que,  moi  des  instructions  pour  faire  aupres  de 
Messrs.  Bravay  une  semblable  demarche,  dont  j'ignore  le  resultat. 
J'ai,  &c, 
(Signe)  KHALIL. 


BRITISH    CASE    AND    PAPERS.  481 

No.  149. 

Earl  Cowley  to  Earl  Russell. 

[Telegraphic] 

Paris,  October  25, 1863—2.15  p.  in.  (Received  October  25.) 
I  learn  that  M.  Bravay  told  the  Turkish  ambassador  that  he  was 
ready  to  enter  into  negotiations  for  sale  of  the  iron-clads  if  he  were  free 
from  his  engagement  to  show  the  vessels,  or  plans  of  them,  to  the 
Viceroy.  The  Turkish  ambassador  has  telegraphed  to  his  government 
stating  this,  but  has  not  yet  received  an  answer  from  Constantinople. 


,  No.  150. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  26,  1863.  (Eeceived  October  26.) 
Sir:  With  reference  to  the  letter  from  this  board  of  the  21st  instant, 
inclosing  copy  of  a  letter  addressed  to  Messrs.  Laird,  the  builders  of 
the  iron-clad  vessels  at  Birkenhead,  by  order  of  their  lordships,  on  the 
same  date,  I  am  commanded  by  the  lords  commissioners  of  Her 
Majesty's  treasury  to  transmit  to  you,  for  the  consideration  of  Eaii 
Russell,  the  inclosed  copy  of  a  further  communication,  dated  24th  in- 
stant, from  the  Messrs.  Laird,  renewing  their  application  to  be  per- 
mitted to  make  the  trial-trip  of  the  El  Tousson,  one  of  the  vessels  in 
question. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMMOND. 


fluclosure  in  Xo.  150.1 

Messrs.  Laird  Brothers  to  Mr.  Hamilton. 

Birkenhead  Iron-Works,  Birkenhead,  October  24,  1863. 
Sir:  We  beg  to  acknowledge  receipt  of  your  letter  of  21st  instant,  in  which  you 
inform  us  that  Her  Majesty's  government,  after  duly  weighing  all  the  circumstances 
of  the  case,  are  unable  to  consent  to  the  trial-trip  of  one  of  the  vessels,  the  El  Tousson, 
taking  place  as  proposed  by  us. 

We  beg  to  state  that  we  did  not  propose  that  the  trial-trip  should  take  place  under 
any  other  conditions  than  were  set  forth  in  their  lordships'  letter  of  the  19th  September, 
unless,  from  information  received  since  the  date  of  that  letter,  their  lordships  should 
think  it  no  longer  necessary  to  place  a  force  of  seamen  and  marines  on  board  to  protect 
our  property.    On  the  contrary,  if  Her  Majesty's  government  still  apprehend  any  at- 
tempt, we  will  gladly  avail  ourselves,  as  already  stated  in  our  letter  of  21st 
[417]  *Septoinber,  of  any  protection  Her  Majesty's  government  may  think  necessary  to 
defeat  any  such  attempt. 
We  therefore  respectfully  renew  our  application  to  make  the  trial  trip  in  the  course 
of  next  week,  or  within  any  other  suitable  time. 
We  are,  &c, 
(Signed)  LAIRD  BROS. 

H.  Ex.  282,  vol.  ii 31 


482  TREATY   OF   WASHINGTON. 

No.  151. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  26,  1863.    (Received  October  26.) 

Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl. Russell,  a  copy  of  a 
letter,  dated  the  25th  instant,  from  Captain  Inglefield,  of  Her  Majesty's 
ship  Majestic. 

From  its  contents  it  would  appear  probable  that,  in  spite  of  the  pre- 
cautions which  have  been  taken  by  direction  of  Her  Majesty's  govern- 
ment, an  attempt  may  be  made  to  carry  one  or  both  of  the  iron-clads 
constructed  by  Messrs.  Laird  to  sea. 

My  lords  are  quite  prepared,  if  Earl  Russell  thinks  it  desirable,  to 
send  the  Prince  Consort  to  anchor  at  the  mouth  of  the  Mersey. 

They  desire  at  the  same  time  to  state  that,  under  certain  unfavorable 
states  of  the  weather,  it  might  be  possible,  if  one  of  these  vessels  escape^ 
from  her  present  position,  that  she  might  pass  without  observation  from 
the  crew  of  the  Prince  Consort,  and,  in  case  of  her  venturing  to  sea  in  a 
thick  fog,  a  chase  might  prove  ineffectual. 

Under  these  circumstances  my  lords  would  suggest  whether  the  ves- 
sels should  not  be  entirely  taken  possession  of  by  authority  of  Her 
Majesty's  government,  the  works  on  them  stopped,  the  vessels  them- 
selves removed,  for  safer  custody,  to  a  different  part  of  the  river,  and 
placed  under  the  sole  charge  of  the  officers  of  the  customs  and  Captain 
Inglefield. 

There  appears  to  be  so  much  ill-feeling,  on  the  part  of  the  artisans  who 
have  been  employed  on  these  vessels  against  the  seamen  and  marines 
who  have  been  employed  in  their  custody,  that  my  lords  consider  it 
desirable  the  latter  should  be  entirely  removed  from  the  yard  of 
Messrs.  Laird  and  the  neighborhood  as  soon  as  the  workmen  have  been 
obliged  to  discontinue  the  completion  of  the  vessels. 

By  removing  the  vessels  to  a  distance  from  Messrs.  Laird's  yard  and 
from  the  great  float,  the  chances  of  collision  will  be  much  diminished. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


[Inclosure  in  No.  151.] 

Captain  Inglefield  to  Vice-Admiral  Sir  F.  Grey. 

[Private.] 

Majestic,  Bock  Ferry,  October  25,  1863. 

My  Dear  Sir  :  I  send  you  by  to-night's  post  a  plan  to  show  the  present  position  of 
the  iron-clad  rams. 

On  Saturday  morning  there  was  a  dense  fog,  and  I  early  received  confidential  infor- 
mation that  200  of  Laird's  work-people  had  remained  in  the  yard  all  night. 

I  was  therefore  anxious  about  the  opening  of  the  caisson  at  half  past  7,  but  I  had 
arranged  the  night  before  to  have  a  ferry-steamer  in  readiness  to  tow  a  boat  in  the 
morning,  in  case  it  was  requisite. 

I  really  required  her,  because,  from  an  interview  I  had  with  the  Messrs.  Laird,  (Friday 
afternoon,)  I  learned  they  could  not  be  answerable  for  the  conduct  of  their  people  (of 
which  100  might  be  embarked)  if  I  put  a  party  of  our  men  on  board  the  El  Mounassir, 
and,  further,  that  it  would  be  necessary  to  take  that  vessel  out  of  the  basin  by  a  tug, 
which  I  knew  by  name  to  be  one  of  the  most  powerful  in  the  river. 

Considering  that  one  back-turn  of  the  tug's  wheels  might  send  our  pinnace  and  crew 
to  the  bottom,  (should  it  be  found  necessary  to  board,)  1  determined  to  send  a  fast 
steamer  which  would  be  quite  a  match  for  the  tug-boat,  and  could  act,  in  case  of  ne- 
cessity, to  take  forcible  possession. 


BRITISH    CASE    AND    PAPERS.  483 

Owing  to  the  dense  fog,  however,  yesterday  morning,  the  captain  of  the  ferry- 
[418]  *boat  refused,  on  his  own  responsibility,  to  move  in  the  river.     I  did  not  hesitate, 
with  the  information  I  then  possessed,  to  take  this  upon  myself. 

In  charge  of  the  senior  lieutenant,  with  the  pinnace  in  tow,  she  reached  the  graving- 
dock  and  returned  safely  in  two  hours,  the  fog  having  been  too  thick  to  move  the 
iron-cased  ram  when  the  caisson  was  lifted.     On  Monday  it  will  be  again  attempted. 

If  an  eifort  is  made  to  carry  off  the  rams,  I  think  it  will  either  be  at  night  or  in  such 
thick  weather  as  we  constantly  experience  at  this  time  of  year. 

Unless  the  gun-boat  arrives  to-day,  I  must  employ  the  ferry-boat  to-morrow  morning, 
for,  though  the  El  Mounassir  is  not  masted,  nor  are  her  turrets  on  board,  she  is  never- 
theless an  available  iron-cased  ram,  which  would  be  of  considerable  service  (even  in 
her  present  condition)  for  breaking  a  blockade. 

I  have  troubled  you  with  these  particulars  in  explanation  of  an  expense  that  ulti- 
mately may  be  questioned.  I  take  this  occasion  also  to  inform  you  that,  when  I  was 
under  apprehension  of  an  intended  escape  during  the  first  stages  of  the  seizure,  I  made 
arrangements  with  the  proprietor  of  the  Rock  Ferry  steamers  to  keep  the  fires  of  one 
of  his  fastest  vessels  banked  during  the  night,  to  be  ready  nominally  to  carry  a  tele- 
gram for  me  to  Liverpool,  when  the  regular  communication  had  ceased,  but  really  I 
proposed  to  employ  her  (on  receipt  of  a  preconcerted  signal)  to  embark  60  armed 
men  at  a  few  minutes'  notice,  and  so  to  put  myself  speedily  in  a  position  to  support  the 
authority  of  the  custom-house  officers. 

The  arrival  of  the  Heron,  or  Britomart,  which  I  am  looking  for  anxiously,  and  for 
which  I  am  under  much  obligation  to  you,  Avill  obviate  the  necessity  of  again  seeking 
the  assistance  of  the  ferry-boat,  and  I  trust  the  trifling  expense  I  have  incurred  will  be- 
approved.  At  present  it  appears  hardly  a  matter  that  I  can  represent  officially,  and- 
the  proprietor  of  the  steamers  will  make  no  charge,  but,  as  their  services  might  have . 
proved  invaluable,  and  every  facility  was  afforded  by  him,  I  hope  I  may  be  authorized, 
to  make  due  acknowledgment  thereof,  though  I  beg  also  to  remark  that  he  is  still  quite- 
ignorant  of  the  purposes  for  which  I  intended  his  vessel. 

Yesterday  I  closely  inspected  the  El  Tousson.     Her  boats  are  now  on  board  and  at 
her  davits;  her  turrets  are  very  nearly  completed,  and,  excepting  stores,  sbe  can  be 
ready  for  sea  almost  any  day.     I  am  hitherto  not  instructed  if  she  should  be  allowed  to  > 
provision  or  put  more  coal  on  board.     I  have  taken  upon  myself  not  to  permit  the 
boilers  to  be  run  up  or  the  fires  laid,  even  for  presumed  experimental  purposes. 
I  am,  &c, 
(Signed)  E.  A.  INGLEFIELD. 


No.  152. 

The  law-officers  of  the  Crown  to  Earl  Russell, 

Lincoln's  Inn,  October  26,  1863.  (Eeceived  October  26.) 
My  Lord:  We  are  honored  with  your  lordship's  commands,  signified 
in  Mr.  Hammond's  letter  of  this  day's  date,  stating  that  he  was  directed 
by  your  lordship  to  transmit  to  us  therewith,  with  reference  to  his  letter, 
of  the  24th  instant,  a  copy  of  a  further  letter  from  the  admiralty,  to- 
gether with  a  copy  of  the  letter  from  Captain  Inglefield,  of  Her  Majes- 
ty's ship  Majestic,  therein  referred  to,  by  which  we  should  see  that  seri- 
ous apprehensions  are  entertained  lest  an  attempt  should  be  made  to 
run  away  with  one  or  both  of  the  iron-clads  now  under  seizure  at  Birk- 
enhead, and  to  request  that  we  would  take  this  matter  into  our  immedi- 
ate consideration,  and  report  to  your  lordship  our  opinion  at  our  earliest 
convenience  as  to  the  course  which,  under  the  circumstances  set  forth  in 
the  inclosed  papers,  should  be  adopted. 

Mr.  Hammond  was  also  pleased  to  state  that  he  at  the  same  time 
inclosed  a  letter  from  the  treasury  covering  a  further  application  from 
Messrs.  Laird  to  be  allowed  to  make  a  trial- trip  with  iron-clad  No.  1,, 
and  that  your  lordship  would  be  glad  to  have  our  opinion  on  this  point 
also. 

In  obedience  to  your  lordship's  commands,  we  have  taken  these  papers 
into  our  consideration,  and  have  the  honor  to  report — 


484  TREATY    OF   WASHINGTON.. 

That  it  is,  of  course,  for  Her  Majesty's  government  to  exercise  their 
discretion  as  to  the  existence  of  sufficient  practical  reasons  for  displacing 
the  workmen  and  removing  these  vessels  from  their  present  position  at 
Birkenhead,  a  course  which  we  should  not  have  recommended  except  in 
circumstances  of  an  extraordinary  character. 

Assuming,  however,  that  Her  Majesty's  government  are  satis- 
[419]    fied  of  the  existence  *of  such  reasons,  we  are  of  opinion  that  it  is 

competent  to  them  to  direct  those  vessels  to  be  detained  in  any 
place  which  the  commissioners  of  Her  Majesty's  customs  may  think  fit 
to  order,  under  section  223  of  16  and  17  Vict.,  cap.  107,  (the  customs-law 
consolidation  act,)  which  is  incorporated,  by  reference,  into  the  foreign- 
enlistment  act,  (59  Geo.  Ill,  cap.  69,  sec.  7.)  Before  doing  so,  however, 
or  at  least  as  nearly  at  the  same  time  as  possible,  we  think  that  such  a 
notice,  in  writing,  of  the  seizure  and  of  the  grounds  thereof,1  as  is  con- 
templated by  section  226  of  the  same  statute,  should  be  given  (if  this 
has  not  already  been  done)  by  the  seizing  officer  to  Messrs.  Laird,  and 
also  by  letter,  to  be  sent  in  due  course,  by  post,  to  M.  Bravay.  With 
respect  to  Messrs.  Lairds'  renewed  application  for  a  trial  trip,  we  pre- 
sume that  your  lordship  sees  no  reason,  especially  considering  the  cir- 
cumstances disclosed  by  Captain  Inglefield's  letter,  to  alter  your  former 
determination,  and  therefore  that  the  answer  to  that  application  will  be 
in  the  negative. 

We  have,  &c, 

(Signed)  EOTODELL  PALMEE. 

E.  P.  COLLIEE. 
E.  J.  PHILLIMOEE. 


Xo.  153. 

The  law-officers  of  the  Grown  to  Earl  Russell. 

Lincoln's  Inn,  October  26,  1863.     (Eeceived  October  26.) 

My  Lord  :  We  are  honored  by  your  lordship's  commands,  signified  in 
-"Mr.  Hammond's  letter  of  the  24th*  instant,  stating  that  he  was  directed 
by  your  lordship  to  transmit  to  us  the  accompanying  letters  from  the 
admiralty,  inclosing  copies  of  reports  received  from  Captain  Inglefield 
'On  the  question  as  to  allowing  the  workmen  to  continue  on  board  the 
ironclads  which  have  been  seized  at  Birkenhead,  and  to  request  that 
we  would  take  the  same  into  consideration  and  favor  your  lordship  with 
our  opinion,  at  our  early  convenience,  with  reference  to  the  course  which 
should  be  adopted  in  respect  to  the  ill-feeling  displayed  by  the  workmen 
in  Messrs.  Lairds'  yard,  as  stated  in  these  reports. 

Mr.  Hammond  was  also  pleased  to  state  that  he  inclosed  a  draught  of  a 
letter  which  had  that  day  been  addressed  to  the  admiralty,  from  which 
we  should  see  that  your  lordship  has  expressed  your  willingness  to  be 
guided  by  Captain  Inglefield's  opinion  as  to  the  continuance  of  the  work 
«on  these  vessels. 

In  obedience  to  your  lordship's  commands,  we  have  taken  these  papers 
into  consideration,  and  have  the  honor  to  report — 
"    That  the  answer  returned  to  the  admiralty  by  your  lordship  appears 
'to  us  to  be  quite  j)roper,  and  in  accordance  with  our  former  advice. 

With  respect  to  the  ill  feeling  displayed  by  the  workmen  in  Messrs. 
Lairds'  yard,  it  does  not  appear  to  us  that  any  measure  is  necessary  to 

irThe  ground  stated  should  be  "  a  violation  of  the  seventh  section  of  the  foreign- 
enlistment  act." — R.  P.,  (for  self  and  colleagues.) 


BRITISH   CASE   AND    PAPERS.  485 

be  taken  beyond  those  precautions  against  any  outbreak  which  (as  we 
presume)  the  authorities  upon  the  spot  must  be  prepared  and  able  to 
take. 

So  far  as  relates  to  any  attempt  to  retake  possession  of  the  vessel,  we 
collect  that  Captain  Inglefield  is  confident  of  his  means  of  preventing 
such  an  attempt,  if  made ;  and  if  any  other  breach  of  the  peace  should 
be  attempted,  (which  we  hardly  anticipate,)  we  think  it  must  be  dealt 
with  by  the  civil  authorities  in  the  usual  way. 

(Signed)  ROUNDELL  PALMER. 

R.  P.  COLLIER. 

ROBERT  PHILLIMORE. 


No.  154. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  26, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaint 

the  lords  commissioners  of  Her  Majesty's  treasury,  with  reference 
[420]    to  your  letter  of  this  day,  *  inclosing  a  copy  of  a  letter  from 

Messrs.  Laird,  dated  October  24,  that  his  lordship  is  of  opinion 
that  the  application  made  by  Messrs.  Laird  in  that  letter  to  be  allowed 
to  make  a  trial- trip  with  the  iron-clad  El  Tousson  in  the  course  of  this 
week,  or  within  any  other  suitable  time,  should  not  be  complied  with. 

I  am,  &c. 

(Signed)  '  .  E.  HAMMOND. 


No.  155. 
Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  26, 1863. 

Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaint 
the  lords  commissioners  of  Her  Majesty's  treasury  that,  in  consequence  of 
information  which  has  reached  this  office  to-day,  his  lordship  considers 
it  indispensable  that  full  possession  should  be  taken  by  Her  Majesty's 
government  of  the  two  iron-clad  vessels  now  under  seizure  at  Birken- 
head ;  that  Messrs.  Laird's  workmen  should  be  at  once  removed  from  on 
board  of  them,  and  that  the  vessels  themselves  should,  as  soon  as  pos- 
sible, be  removed  into  the  Mersey  and  moored  there  in  such  manner  and 
place  as  Captain  Inglefield,  of  Her  Majesty's  ship  Majestic,  should  de- 
termine, and  that  a  sufficient  guard  shall  be  put  on  board  them  to  secure 
them  from  being  interfered  with  by  any  parties. 

I  am  to  request  that  you  will  move  the  board  of  treasury  to  give  im- 
mediate orders,  to  the  above  effect,  to  the  proper  authorities  of  the 
customs,  and  to  enjoin  those  authorities  to  be  guided  in  all  their  pro- 
ceedings by  the  opinion  and  judgment  of  Captain  Inglefield. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

P.  S.— A  copy  of  this  letter  has  been  sent  to  the  board  of  admiralty, 
in  order  that  corresponding  instructions  may  be  given  to  Captain  Ingle- 
field. 

E.  H. 


486  TREATY    OF    WASHINGTON. 

No.  156. 
Mr,  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  26, 1863. 

Sir  :  With  reference  to  iny  other  letter  of  this  day  respecting  the 
seizure  of  the  ironclads  at  Birkenhead,  I  am  directed  by  Earl  Eussell  to 
request  that  you  will  state  to  the  lords  commissioners  of  Her  Majesty's 
treasury,  that  the  law-officers  of  the  Crown  have  reported  that,  assuming 
the  existence  of  sufficient  practical  reasons  for  displacing  the  workmen 
and  removing  those  vessels  from  their  present  position  at  Birkenhead, 
they  are  of  opinion  that  it  is  competent  to  Her  Majesty's  government  to 
direct  those  vessels  to  be  detained  in  any  place  which ^he  commissioners 
of  Her  Majesty's  customs  may  think  fit  to  order  under  section  223  of  16 
and  17, Vict.,  cap.  107,  (uthe  customs  law  consolidation  act,")  which 
is  incorporated  by  reference  into  the  foreign-enlistment  act. 

The  law-officers  say,  however,  that  before  doing  so,  or  at  least  as 
nearly  at  the  same  time  as  possible,  such  a  notice  in  writing,  of  the 
seizure,  and  of  the  grounds  thereof,  as  is  contemplated  by  section  226  of 
the  same  statute  should  be  given  (if  this  has  not  already  been  done)  by 
the  seizing-officer  to  Messrs.  Laird,  and  also  by  letter  to  be  sent  in  due 
course  by  post  to  M.  Bravay. 

The  law-officers  say  that  the  ground  stated  should  be  "  a  violation  of 
the  seventh  section  of  the  foreign-enlistment  act." 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[421]  *No.  157. 

Mr.  Hammond  to  the  secretary  to  the  admiralty.    > 

Foreign  Office,  October  26, 1863. 

Sir  :  I  have  laid  before  Earl  Russell  your  letter  of  this  day,  inclosing 
a  copy  of  a  letter  from  Captain  Inglefield,  of  Her  Majesty's  ship  Majestic, 
from  which  it  appears  that  there  are  strong  grounds  for  apprehending 
that  attempts  may  be  made  to  run  away  with  one  or  both  of  the  iron- 
clads now  under  seizure  at  Birkenhead,  and  I  am  directed  by  his  lord- 
ship to  transmit  to  you  herewith  a  copy  of  a  letter  which,  by  his  lord- 
ship's direction,  I  have  addressed  to  the  secretary  of  the  treasury1 
desiring  that  full  possession  should  be  immediately  taken  of  both  ves- 
sels j  that  Messrs.  Laird's  workmen  should  be  immediately  removed 
from  on  board  of  them  j  that  the  vessels  themselves  should,  as  soon  as 
possible,  be  removed  into  the  Mersey,  and  stationed  there,  as  Captain 
Inglefield  may  determine,  and  that  a  sufficient  guard  should  be  placed 
on  board  them. 

I  am  now  to  request  that  you  will  move  the  lords  commissioners 
of  the  admiralty  to  send  instructions  and  authority  to  Captain  Ingle- 
field to  act  in  conformity  with  the  course  laid  down  in  the  inclosed 
letter. 

I  am  to  add  that  Lord  Russell  concurs  in  the  propriety  of  the  Prince 
Consort  being  at  once  sent  to  the  Mersey. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

P.  S. — I  add  a  copy  of  a  further  letter  to  the  treasury,2  acquainting 
i  No.  155.  B  No.  154. 


BRITISH    CASE    AND    PAPERS.  487 

them  with  the  opinion  of  the  law-officers  of  the  Orown  on  the  course  to 
be  adopted  in  carrying  out  the  seizure  of  the  vessels. 

E.  H. 


No.  158. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  26, 1863. 
Sir:  I  am  directed  by  Earl  Eussell  to  request  that  you  will  acquaint 
the  lords  commissioners  of  the  admiralty  that  the  law-officers  of  the 
Crown,  to  whom  were  referred  Captain  Inglefield's  letters  of  the  23d 
instant,  inclosed  in  your  letters  of  the  24th  instant,  have  reported  to  his 
lordship  that,  with  respect  to  the  ill-feeling  displayed  by  the  workmen 
in  Messrs.  Laird's  yard,  it  did  not  appear  to  them  that  any  measure  was 
necessary  to  be  taken  beyond  those  precautions  against  an  outbreak 
which,  as  they  presumed,  the  authorities  on  the  spot  must  be  prepared 
and  able  to  take ;  £hat  Captain  Inglefield,  from  his  letters,  appeared  to 
be  confident  of  his  means  of  preventing  any  attempt  to  retake  possession 
of  the  vessel ;  and  that  if  any  other  breach  of  the  peace  should  be  at- 
tempted, (which  they  hardly  anticipated,)  they  thought  it  must  be  dealt 
with  by  the  civil  authorities  in  the  usual  way. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


*     No.  159. 


Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  27,  1863.     (Eeceived  October  27.) 
Sir  :  With  reference  to  your  letter  of  yesterday's  date,  I  am  com- 
manded by  the  lords  commissioners  of  Her  Majesty's  treasury  to  trans- 
mit to  you,  for  the  information  of  Earl  Eussell,  the  inclosed  copy  of  a 
letter  which  their  lordships  last  evening  addressed  to  the  commissioners 
of  customs,  directing  that  full  possession  should  be  taken  of  the  two  iron- 
clad vessels  now  under  seizure  at  Birkenhead. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[422]  *[Inclosure  in  No.  159.] 

Mr.  Hamilton  to  the  commissioners  of  customs. 

Treasury  Chambers,  October  26,  1863. 
Gentlemen  :  I  am  directed  hy  the  lords  commissioners  of  Her  Majesty's  treasury 
to  transmit  to  you  a  copy  of  a  letter  just  received  from  Mr.  Hammond,1  and  I  have 
to  request  that  you  will  give  immediate  directions  to  the  officers  of  the  customs 
at  Liverpool,  in  co-operation  with  Captain  Inglefield,  to  carry  out  Earl  Russell's  in- 
structions. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 

lNo.  155. 


488  TREATY    OF   WASHINGTON. 

No.  160. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  27,  1863.    (Eeceived  October  27.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  information  of  Earl  Eussell,  the  in- 
closed copy  of  a  letter  which  they  have  this  day  caused  to  be  addressed 
to  the  board  of  customs,  with  reference  to  your  letter  of  yesterday's  date, 
relating  to  the  detention  of  the  iron-clad  steamers  fitting  in  Messrs. 
Laird's  yard  at  Birkenhead. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosur©  in  No.  160.  J 
Mr.  Hamilton  to  the  commissioners  of  customs. 

Treasury  Chambers,  Octooer  27, 1863. 
Gentlemen  :  With  reference  to  previous  correspondence  on  the  subject  of  the  iron- 
clad vessels  fitting  at  Birkenhead,  I  am  desired  by  the  lord*  commissioners  of  Her 
Majesty's  treasury  to  transmit  to  you  the  inclosed  copy  of  a  letter  dated  26th  Instant, 
from  the  foreign  office,1  on  the  subject  of  the  detention  of  those  vessels ;  and  I  am  to 
state  that  Her  Majesty's  government  direct  that  the  iron-clad  steamers  referred  to 
shall  be  detained  in  such  place  in  the  river  Mersey,  or  elsewhere,  as  you  shall  think 
fit. 

Their  lordships  request  your  particular  attention  to  the  notices  and  proceedings  to 
which  the  law-officers  of  the  Crown,  as  stated  in  the  inclosed  letter,  refer  under  the 
223d  and  226th  sections  of  the  16th  and  17th  Vict.,  cap.  107,  and  they  desire  that  such 
notices  may  be  given  accordingly. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


No.  161. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  27, 1863. 
Sir:  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  for  the  informa- 
tion of  the  lords  commissioners  of  Her  Majesty's  treasury,  a  copy  of  a 
letter  which  his  lordship  has  caused  to  be  addressed  to  the  board  of 
admiralty,2  with  reference  to  the  ill-feeling  displayed  by  the  workmen 
in  Messrs.  Laird's  yard,  and  to  the  measures  to  be  adopted  in  the  event 
of  any  outbreak  taking  place. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[423]  \  *No.  162. 

Earl  Cowley  to  Earl  Russell. 

Paris,  October  27, 1863.    (Received  October  28.) 
My  Lord  :  Upon  the  receipt  of  your  lordship's  telegram  of  the  24th 
instant,  desiring  me,  with  reference  to  Mr.  Grey's  dispatch  of  the  8th 

1  No.  156.  a  No.  158. 


BRITISH    CASE    AND    PAPERS.  489 

instant,  to  ask  the  Turkish  embassador  the  result  of  his  offer  to  M. 
Bravay  to  purchase  the  iron-clads  now  lying  in  Mr.  Laird's  yards,  I 
requested  Mr.  Ellis  to  go  to  his  excellency,  and  I  have  now  the  honor  to 
inclose  the  copy  of  a  report  which  Mr.  Ellis  has  made  to  me  of  his  inter- 
view with  the  embassador. 

I  have,  &c, 

(Signed)  COWLEY. 


[Inclosure  in  No.  162.] 

Mr.  Ellis  to  Earl  Cowley. 

Paris,  October  27,  1863. 
My  Lord  :  I  have  the  honor  to  report  to  your  excellency  that  I  called  upon  the  Turk- 
ish embassador  on  Sunday,  and  that  in  answer  to  my  question  as  to  whether  M.  Bra- 
vay had  accepted  the  o'ffer  of  the  Ottoman  government  to  purchase  the  two  iron-clads, 
he  stated  that  he  had  seen  M.  Bravay,  who  had  declared  himself  willing  to  enter  into 
negotiations  for  the  sale  of  the  ships  in  question,  if  he  were  free  from  his  engagement 
with  the  Viceroy  of  Egypt.    The  engagement,  M.  Bravay  stated,  was  a  verbal  one,  and 
to  the  effect  that  he  was  to  show  the  vessels,  or  plans  of  them,  to  the  Viceroy.    The 
Turkish  embassador  added  that  he  had  telegraphed  M.  Bravay's  answer  to  his  govern- 
ment, but  that  he  had  not  yet  received  an  answer. 
I  have,  &c, 
(Signed)  '  JAMES  AGAR  ELLIS. 


No.  163. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  28,  1863.  (Keceived  October  28.) 
With  reference  to  your  letter  of  the  26th  instant,  requesting  that 
instructions  might  be  given  to  the  commissioners  of  customs  for  taking 
full  possession  of  the  iron-clad  vessels  at  Birkenhead,  under  seizure  by 
Her  Majesty's  government,  I  am  desired  by  the  lords  commissioners  of 
Her  Majesty's  treasury  to  transmit  to  'you,  for  any  observations  which 
Earl  Eussell  may  wish  to  offer  thereon,  the  inclosed  copy  of  a  letter, 
dated  this  day  from  the  board  of  customs,  together  with  a  copy  of  the 
accompanying  report  from  the  collector  of  customs  at  Liverpool  on  this 
subject. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  163.] 
Mr.  Dickins  to  Mr.  Hamilton. 

Custom-House,  Octobei'  28,  1863. 

Sir  :  I  am  directed  by  the  hoard  to  transmit,  for  the  information  of  the  lords  com- 
missioners of  Her  Majesty's  treasury,  a  copy  of  a  report  of  the  collector  of  the  revenue 
at  Liverpool,  stating  the  steps  which  he  had  taken  to  give  effect  to  the  directions  con- 
tained in  your  letter  dated  the  26th  instant,  inclosing  one  from  the  foreign  office  of  the 
same  date,  on  the  subject  of  the  iron-clad  vessels  building  in  Messrs.  Laird's  yard  at 
Birkenhead. 

The  lords  of  the  treasury  having,  in  their  order  above  referred,  desired  the  board 

to  carry  out  the  intention  of  Earl  Eussell,  signified  in  Mr.  Hammond's  letter  of  the 

26th  instant,  that  the  vessels  should  be  removed  into  the  Mersey,  and  moored  in  such 

manner  as  Captain  Inglefield,  of  Her  Majesty's  ship  Majestic,  shall  determine,  I 

[424]  *ain  directed  to  request  their  lordships'  further  instructions  on  that  part  of  their 


490  TREATY   OF   WASHINGTON. 

lordships'  order  of  the  27th  instant,  directing  the  vessel  to  be  detained  in  such  place 
as  the  hoard  may  think  fit,  and  to  submit  whether  it  might  not  be  expedient  to  leave 
the  vessels  under  the  charge  and  responsibility  of  Captain  Inglefield. 

I  am,  &c, 

(Signed)  GEO.  DICKINS. 


|Inclosure  2  in  No.  163.1 
Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  October  27, 1863. 

Honorable  Siks  :  I  received  the  telegram  of  the  chairman,  sent  yesterday,  relative 
to  the  iron-clad  vessels  building  by  Messrs.  Laird,  as  well  as  the  letters  (which  I  now 
return)  from  the  foreign  office  and  treasury  by  a  special  messenger ;  and  I  have  now 
the  honor  to  state  that  I  immediately  proceeded  to  Birkenhead  with  a  view  of  carry- 
ing out  the  directions  of  the  board  and  the  treasury,  which  was  to  remove  the  work- 
men from  off  the  steam-rams,  which  will  be  done  this  evening  by  the  builders,  for  my 
only  course  was  to  obtain  their  sanction  in  the  first  place,  there  being  about  3,000  or 
4,000  men  at  work  on  the  premises. 

The  Messrs.  Laird  at  once  acquiesced  in  my  wishes,  assuring  me  at  the  same  time 
that  there  was  not  the  slightest  intention  on  their  part  to  oppose  the  government. 

The  vessel  in  the  Birkenhead  float  is  nearly  in  a  finished  state,  but  that  in  the  grav- 
ing-dock will  not  be  ready  for  a  considerable  time,  and  had,  on  the  occasion  of  my  visit, 
about  300  men  at  work  upon  her. 

I  have  not  as  yet  seen  Captain  Inglefield,  but  I  consider  that  the  vessel  which  is 
nearly  completed  is  much  safer  in  the  Birkenhead  docks  than  she  could  possibly  be  in 
the  river,  and  my  opinion  is  that  the  other  vessel,  now  in  the  graving-dock,  had  better 
be  placed  there  also. 

I  have  given  the  necessary  notice  for  the  fulfillment  of  the  provisions  of  the  223d  sec- 
tion of  the  customs  consolidation  act,  stating  at  the  same  time  that  the  ground  of 
detention  was  on  account  of  the  violation  of  the  foreign-enlistment  act. 
I  have,  &c, 
(Signed)  S.  PRICE  EDWARDS. 


No.  164. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  28, 1863. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  this  day,  inclosing 
a  copy  of  a  letter  from  the  board  of  customs  with  the  inclosed  letter 
from  Mr.  Edwards,  respecting  the  disposal  of  the  iron-clads,  now  taken 
full  possession  of  by  the  custom-house  authorities,  and  I  am  to  request 
that  you  will  acquaint  the  lords  commissioners  of  Her  Majesty's  treasury 
that  his  lordship  entirely  concurs  in  the  suggestion  of  the  board  of  cus- 
toms that  the  vessels  should  be  left  under  the  charge  and  responsibility 
of  Captain  Inglefield,  which  indeed  was  his  lordship's  original  inten- 
tion ;  and  I  am  to  request  that  orders  to  that  effect  may  be  sent  without 
loss  of  time  by  telegraph  to  Liverpool. 

A  copy  of  this  letter  will  be  sent  to  the  board  of  admiralty. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  165. 
Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  28, 1863. 
Sm :  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  to  be  laid 


BRITISH    CASE    AND    PAPERS.  491 

before  the  lords  commissioners  of  the  admiralty,  copy  of  a  letter 
[425]    which  his  lordship  has  caused  to  be  *  addressed  to  the  board  of 

treasury,1  stating  that  he  entirely  concurs  in  the  suggestion  made 
by  the  commissioners  of  customs  that  the  iron-clad  vessels  at  Birken- 
head, which  have  now  been  taken  full  possession  of  by  the  custom-house 
authorities,  should  be'left  under  the  charge  aud  responsibility  of  Captain 
Inglefield. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  166. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  28, 1863.  (Received  October  29.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  dated  this  day  from  Captain  Inglefield,  of  Her  Majesty's  ship 
Majestic,  relative  to  the  measures  he  proposes  to  adopt  for  the  custody 
of  the  two  iron-clad  vessels  seized  at  Birkenhead. 
,  I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[In closure  in  No.  166.] 
Captain  Inglefield  to  the  secretary  to  the  admiralty. 

Majestic,  Bock  Ferry,  October  27, 1869. 

Sir  :  I  have  the  honor  to  acknowledge  receipt  (per  special  messenger)  of  your  con- 
fidential letter  of  to-day,  with  its  three  inclosures  from  the  under-secretary  of  state, 
(dated  respectively  26th' instant,)  aud  in  reply  to  state  that  I  propose  placing  myself  in 
immediate  communication  with  the  collector  of  customs,  the  necessity  for  which  seems 
particularly  implied  in  the  third  letter  of  Mr.  Hammond  by  the  paragraph  as  fol- 
lows : 

"  The  law-officers  say,  however,  that  before  doing  so,  or,  at  least,  as  nearly  at  the 
same  time  as  possible,  such  a  notice  in  writing  of  the  seizure,  and  of  the  ground  there-, 
of,  as  is  contemplated  by  section  226  of  the  same  statute,  should  be  given  (if  this  has 
not  already  been  done)  by  the  seizing  officer  to  Messrs.  Laird,"  &c. 

When  this  form  has  been  gone  through,  I  shall  take  such  steps  as  may  appear  requi- 
site for  the  immediate  removal  of  the  El  Tousson  into  the  Sloyne,  as  near  to  Her  Maj- 
esty's ship  Majestic  as  practicable. 

The  tides,  however,  will  have  to  be  considered,  and  before  moving  the  El  Mounassir 
it  will  be  requisite  to  have  moorings  put  on  board,  the  present  anchors  and  chains  now 
in  her  (as  stated  to  me  on  Friday  by  Mr.  J.  Laird)  not  being  of  the  size  intended  for 
that  vessel.  I  mention  these  particulars  to  account  for  any  delay  that  may  occur  in 
placing  both  the  iron-clads  near  my  ship. 

I  propose  (if  it  meets  your  lordships'  views)  to  make  a  complete  survey  and  inven- 
tory of  both  vessels  as  soon  as  possible,  assisted  by  a  responsible  person  appointed  by 
the  Messrs.  Laird,  (should  those  gentlemen  desire  it ;)  and  I  shall  afterward  take  such 
measures  as  may  be  deemed  advisable  for  the  care  of  the  machinery  and  vessels,  plac- 
ing an  assistant  engineer  in  each. 

I  presume  that  I  am  quite  at  liberty,  in  conjunction  with  the  collector  of  the  cus- 
toms, to  perform  the  duty  intrusted  to  me  with  as  much  consideration  for  the  Messrs. 
Laird  as  I  can  strictly  allow,  these  gentlemen  having  hitherto  shown  a  disinclination 
to  speak  of  the  seizure  of  their  vessels,  or  answer  any  questions  put  to  them  by  strangers 
on  the  subject.  If,  therefore,  the  firm  are  willing  to  discharge  their  men  from  this 
work  in  their  own  way,  (provided  it  be  immediately,)  I  shall  seek  to  give  them  this 
privilege  rather  than  assume  the  full  authority  conveyed  in  your  letter. 
1  am,  &c, 
(Signed)  E.  A.  INGLEFIELD. 

1  No.  164. 


492  TEEATY   OF   WASHINGTON. 

[426]  *No.  167. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  29,  1863 — 1  p.  m.  (Eeceived  October  29.) 
Sm :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  yon  herewith,  for  the  information  of  Earl  Enssell,  a  copy  of  a 
telegram  just  received  from  Messrs.  Laird,  of  Birkenhead,  protesting 
against  the  two  iron-clad  vessels  being  removed  into  the  river  Mersey. 

I  am,  &c, 

(Signed)  A.  PAGET. 


[Inclosure  in  No.  167.] 
Messrs.  Laird  to  the  secretary  to  the  admiralty. 
|  Telegraphic] 

Birkenhead,  October  29,  1863. 
Captain  Inglefield  informs  us  that  his  orders  are  to  take  the  two  iron-elads  into  the 
river  Mersey.  We  protest  against  the  probable  destruction  of  our  property  in  having 
ships,  (one  of  which  is  a  mere  hulk,  without  masts,  funnel,  or  steering-gear,)  taken  out 
of  docks  where  they  are  now  in  safety,  and  moored  in  the  river  at  this  inclement  sea- 
son of  the  year ;  and  we  trust  that  the  orders  sent  to  Captain  Inglefield  will  be  recon* 
sidered. 


No.  168. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  29, 1863—1.15  p.  m.  (Eeceived  October  29.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  information  of  Earl  Eussell,  copy  of 
a  telegram  just  received  from  the  Messrs.  Laird,  protesting  against  the 
removal  of  the  iron-clad  vessels  into  the  Mersey  ;  and  I  am  to  request 
that  my  lords  may  be  favored  with  the  views  of  Lord  Eussell  as  to  the 
answer  which  should  be  returned  to  Messrs.  Laird. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  in  No  168.] 
Messrs.  Laird  Brothers  to  Mr.  Hamilton,  October  29,  1863. 
[See  inclosure  in  No.  167.] 


No.  169. 
Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  29, 1863. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  this  day's  date, 
inclosing  a  copy  of  a  telegraphic  message  from  Messrs.  Laird,  protesting 
against  the  removal  of  the  iron-clad  vessels  from  their  docks  into  the 


BRITISH    CASE    AND    PAPERS.  493 

Mersey  ;  and  I  am,  in  reply,  to  request  that  you  will  state  to  the  lords 
commissioners  of  Her  Majesty's  treasury  that  Lord  Russell  has  also 
received  a  similar  communication  from  Messrs.  Laird.1  His  lordship, 
however,  considers  that  it  would  be  more  advisable  that  the  board  of 
treasury  should  answer  them  by  telegraph :  and  that  it  will  be  only 
necessary  to  say  that  Captain  Inglefield  will,  no  doubt,  in  his  disposi- 
tions regarding  these  vessels,  take  every  proper  precaution  for  the  pres- 
ervation of  the  property ;  but  that  the  orders  have  been  well  considered, 
and  cannot  be  revoked  or  altered. 
A  copy  of  this  letter  will  be  sent  to  the  admiralty. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[127  J  *No.  170. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreion  Office,  October  29,  1863. 
Sir  :  With  reference  to  your  letter  of  this  day's  date,  I  am  directed 
by  Earl  Russell  to  transmit  to  you,  to  be  laid  before  the  lords  commis- 
sioners of  the  admiralty,  a  copy  of  a  letter  which  his  lordship  has 
caused  to  be  addressed  to  the  board  of  treasury,1  relating  to  the  an- 
swer to  be  returned  to  Mr.  Laird's  telegraphic  message,  protesting 
against  the  removal  of  the  iron-clad  vessels,  which  have  been  seized  by 
the  Crown,  into  the  river  Mersey. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  171. 

Messrs.  Laird  Brothers  to  Earl  Russell. 

Birkenhead  Iron- Works, 
Birkenhead,  October  29,  1863.     (Received  October  30.) 
My  Lord  :  We  sent  you  this  morning  the  following  telegram : 

Captain  Inglefield  informs  us  that  his  orders  are  to  take  the  two  iron-clads  into  the 
river  Mersey. 

We  protest  against  the  probable  destruction  of  our  property  in  having  ships  (one  of 
which  is  a  mere  hulk,  without  mast  funnel,  or  steering-gear)  takeu  out  of  docks 
where  they  are  now  in  safety,  and  moored  in  the  river  at  this  inclement  season  of  the 
year;  and  we  trnst  that  the  orders  sent  to  Captain  Inglefield  will  be  reconsidered. 

Which  we  now  beg  to  confirm. 
We  are,  &c, 
(Signed)  LAIRD  BROS. 


No.  172. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chamber, 
October  30,  1863.     (Received  October  30.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 

«  See  No.  171. 


494  TREATY    OF    WASHINGTON. 

treasury  to  transmit  to  you,  with  reference  to  former  correspondence, 
the  inclosed  copy  of  a  letter  which  has  been  received  from  Messrs.  Laird, 
dated  the  29th  instant,  protesting  against  the  proceedings  taken  by  Her 
Majesty's  government  in  regard  to  the  iron-clad  vessels  in  course  of 
construction  by  them ;  and  I  am  to  state  that  my  lords  propose,  if  Earl 
Russell  sees  no  objection,  to  instruct  their  solicitor  to  advise  them 
whether  any  and  what  answer  should  be  returned  to  this  communication. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  4  in  No.  172.] 
Messrs.  Laird  Brothers  to  the  lords  commissioners  of  the  treasury. 

Birkenhead  Iron-Works,  October  29,  1863. 

My  Lords  :  We  beg  to  call  your  lordships'  attention  to  the  very  serious  position  in 
"which  we  are  placed  by  the  extraordinary  steps  taken  by  Her  Majesty's  government 
with  the  two  iron-clad  ships  now  being  built  by  us. 

It  is  a  rule  "well  recognized  in  all  trading  establishments  that  an  order,  while  under 
execution,  is  the  property  of  the  person  giving  it,  and  that  a  builder  has  no  right  to 
make  public  the  orders  or  instructions  of  his  employers.     This  is  a  rule  of  business 

which  must  be  well  known  to  Her  Majesty's  government. 
[428]       *On  the  4th  of  September,  however,  we  were  officially  applied  to  by  Mr. 
Layard  for  the  information,  "On  whose  account  and  with  what  destination  the 
vessels  are  being  built." 

Owing,  however,  to  certain  vague  rumors  which  were  current  in  the  newspapers, 
and  to  the  repeated  visits  of  Mr.  Morgan,  the  surveyor  of  Her  Majesty's  customs,  we 
had  taken  the  precaution  to  obtain  the  owner's  sanction  to  disclose  his  name,  and  we 
were  accordingly  enabled,  by  return  of  post,  to  reply  to  Mr.  Layard's  letter,  and  in- 
form him  that  we  were  building  the  ships  for  MM.  A.  Bravay  &  Co.,  6  Rue  de  Londres, 
Paris. 

On  the  9th  September  Mr.  Hamilton,  the  secretary  to  the  treasury,  wrote  to  us  to 
6ay  that  the  vessels  would  not  be  permitted  to  leave  the  Mersey  until  inquiries  then 
being  prosecuted  had  been  brought  to  a  conclusion. 

In  order  to  give  Her  Majesty's  government  ample  time  to  make  these  inquiries,  we 
wrote  in  reply  to  say  that  the  first  vessel  would  not  be  complete  in  less  than  a  month. 
And  about  the  same  time  we  stated  that  the  first  vessel  would  be  ready  for  a  trial-trip 
in  a  short  time,  and  that  we  would  engage  that  she  should  return  to  the  Birkenhead 
float. 

On  the  JL7th  September  permission  wras  given  for  the  trial-trip,  and  we  were  further 
requested  to  give  our  personal  undertaking  that  the  vessel  should  not  leave  the  port 
without  our  giving  a  week's  notice  to  Her  Majesty's  government.  This  undertaking 
we  readily  gave  by  return  of  post. 

On  the  19th  September  we  received  a  letter  from  Mr.  Brand,  secretary  of  the  treasury, 
to  say  that  the  government  feared  an  attempt  might  be  made  to  seize  the  vessel  while 
on  her  trial-trip,  (but  without  giving  any  reason  for  such  apprehension,)  and  tendering 
the  services  of  a  force  of  seamen  and  marines.  We  accepted  this  offer  of  protection, 
though  unable  ourselves  to  discover  any  grounds  for  such  apprehension. 

On  the  7th  October  we  received  a  letter  from  Mr.  Hamilton,  secretary  of  the  treasury, 
stating  that,  from  further  information,  it  had  become  necessary  that  a  custom-house 
officer  should  be  placed  on  board,  and  that  the  captain  of  the  Majestic  afford  him 
protection. 

As  none  of  these  movements  of  Her  Majesty's  government  interfered  with  us  in  our 
completion  of  these  ships,  and  as  any  plan  to  seize  our  ships  either  by  the  northern 
or  southern  belligerents  would  entail  great  pecuniary  loss  upon  us,  we  of  course  made 
no  objection  to  these  means  provided  by  the  government  for  our  protection,  though  we 
were  then,  and  still  are,  unable  to  discover  any  grounds  whatever  for  these  precau- 
tionary measures,  and  we  are  satisfied  that  Her  Majesty's  government  have  lent  too 
credulous  an  ear  to  the  inventions  of  designing  persons. 

But  when  Her  Majesty's  government,  without  giving  us  any  information  to  show  us 
that  they  have  any  just  grounds  for  doing  so,  proceed  to  seize  our  ships  and  turn  off 
our  workmen,  and  threaten  to  remove  a  helpless  hulk  from  a  place  of  safety  into  the 
roadstead  ot  the  Mersey,  we  feel  it  our  duty  to  enter  our  indignant  protest  against 
proceedings  so  illegal  and  so  unconstitutional. 

We  have  dealt  candidly  and  openly  with  Her  Majesty's  government.  We  have, 
with  the  owner's  permission,  given  the  name  of  the  owners,  and  we  believe  we  have  a 


BRITISH    CASE    AND    PAPERS.  495 

perfect  legal  right  to  build  ships  for  a  French  subject  without  requiring  from  him  a 
disclosure  of  his  object  in  having  such  vessels  constructed.  It  forms  no  part  of  our 
duty  to  interfere  in  any  way  with  his  affairs,  and  we  shall  not  do  so. 

We  need  hardly  to  say  that  we  hold  the  government  responsible  to  us  for  the  large 
pecuniary  loss  we  shall  sustain  by  these  arbitrary  proceedings. 

We  are,  &c, 

(Signed)  LAIRD  BROS. 


No.  173. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  30,  1863. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  this  day's  date, 
inclosing  a  copy  of  a  letter  from  Messrs.  Laird,  protesting  against  the 
proceedings  that  have  been  taken  with  regard  to  the  iron-clad  vessels 
now  under  seizure  by  the  Crown j  and  1  am  to  request  that  you  will 
state  to  the  lords  commissioners  of  Her  Majesty's  treasury  that  Lord 

Eussell  is  of  opinion  that  the  solicitor  to  the  treasury  should  act 
[429]    under  the  Authority  of  the  law-officers  in  this  matter,  and  should 

consult  them  before  returniug  an  answer  to  this  representation 
from  Messrs.  Laird. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  174. 
Mr.  Hammond  to  Messrs.  Laird  Brothers. 

Foreign  Office,  October  30, 1863. 
Gentlemen  :  I  am  directed  by  Earl  Eussell  to  acknowledge  the  re- 
ceipt of  your  letter  of  the  29th  instant,  containing  a  copy  of  a  telegraphic 
message  which  you  addressed  to  his  lordship  on  that  day,  protesting 
against  the  removal  into  the  river  Mersey  of  the  two  iron-clad  vessels 
now  under  seizure  by  the  Crown  ;  and  I  am  to  state  to  you  that  the  mat- 
ter has  been  referred  to  the  lords  commissioners  of  Her  Majesty's  treas- 
ury. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  175. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  29,  1863.  (Eeceived  October  31.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  acquaint  you,  for  the  information  of  Earl  Eussell,  with  refer- 
ence to  your  letter  of  this  day's  date,  that  the  following  telegraphic 
message  has  this  day  been  sent  to  Messrs.  Laird,  in  reference  to  the 
seizure  of  their  iron-clad  vessels,  viz  : 

Captain  Inglefield,  will  no  doubt,  in  his  dispositions  regarding  the  iron-clad  vessels, 
take  every  precaution  for  the  preservation  of  the  property. 
The  orders  have  been  well  considered,  and  cannot  be  revoked  or  altered. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


496  TKEATY    OF   WASHINGTON. 

No.  176. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  31,  1863.     (Received  October  31.) 
Sir:  With  reference  to  your  letter  of  yesterday's  date  on  the  subject 
of  the  protest  of  Messrs.  Laird  against  the  seizure  by  Her  Majesty's  gov- 
ernment of  their  iron-clad  ships,  I  am  commanded  by  the  lords  commis- 
sioners of  Her  Majesty's  treasury  to  acquaint  you,  for  the  information  of 
Earl  Russell,  that  they  have  desired  their  solicitor  to  consult  the  law- 
officers  of  the  Crown  as  to  the  answer  to  be  returned  to  Messrs.  Laird. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


No.  177. 

Mr  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  31,  1863.     (Received  October  31.) 
Sir  :  With  reference  to  your  letter  of  the  27th  instant  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a  letter  dated 
this  day  from  the  home  office,  stating  that  no  disturbance  is  apprehended 
on  the  part  of  the  workmen  in  Messrs.  Laird's  yard  at  Birkenhead. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

[430]  [Enclosure  in  No.  177.] 

Mr.  Bruce  to  Mr.  Hamilton. 

Whitehall,  October  31, 1863 
Sir  :  I  have  laid  before  Secretary,  Sir  George  Grey,  your  letter  of  the  28th  instant,  and 
its  inclosure,  relative  to  the  ill-feeling  which  is  said  to  have  been  displayed  by  the 
workmen  in  Messrs.  Laird's  yard  at  Birkenhead  ;  and  I  am  to  acquaint  you,  for  the  in- 
formation of  the  lords  commissioners  of  Her  Majest^s  treasury,  that  Sir  George  Grey 
has  communicated  with  the  magistrates  at  Birkenhead  on  the  subject,  and  is  assured  by 
them  "  that  up  to  the  present  time  (yesterday)  there  is  not  the  slightest  indication  of 
any  disturbance  whatever,  nor  does  the  head  constable  anticipate  anything  of  the 
sort. 

I  am,  &c, 

(Signed)  H.  A.  BRUCE. 


No.  178. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  31, 1863.    (Eeceived  October  31.) 
Sir  :  With  reference  to  their  lordships7  letter  of  the  29th  instant,  ac- 
quainting you  of  the  telegram  sent  on  that  day  to  Messrs.  Laird  in  regard 
to  the  directions  given  for  the  seizure  of  their  iron-clad  vessels,  and  the 


BRITISH    CASE    AND    PAPERS.  .  497 

precautions  to  be  taken  for  preserving  them  from  injury,  I  am  desired 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Eussell,  the  inclosed  copies  of  a  telegram 
dated  this  day,  and  a  letter  dated  yesterday,  received  from  Messrs. 
Laird,  representing  the  danger  which  the  iron-clad  vessels  built  by  them, 
and  now  under  seizure  by  Her  Majesty's  government,  will  incur  in  con- 
sequence of  removal  from  their  premises. 

I  am  to  suggest  whether  a  communication  should  not  be  addressed  to 
the  admiralty,  with  a  view  to  such  precautions  being  taken  for  the  pro- 
tection and  preservation  of  the  vessels  as  the  circumstances  may  require. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


Lin  closure  1  in  No.  178.1 

Messrs.  Laird  Brothers  to  Mr.  Hamilton. 

[Telegraphic] 

Birkenhead,  October  31,  1863. 
Foreign  office  write  that  they  have  referred  to  the  lords  commissioners  of  Her  Majesty's 
treasury  our  telegram  and  letter  of  29th  instant,  protesting  against  the  removal  of  the 
iron-clads  into  the  river  Mersey.  We  renew  our  protest  against  moving  the  vessels 
from  the  dock,  where  they  are  now  in  perfect  security  either  from  forcible  abduction 
or  sea-risk.  The  weather  is  now  most  boisterous,  and  always  uncertain  at  this  time  of 
the  year. 


[Inelosure  2  in  No.  178.] 

Messrs.  Laird  and  Brothers  to  Mr.  Hamilton. 

Birkenhead  Iron-Works, 

Birkenhead,  October  30,  1863. 
Sir:  We  received  your  telegram  late  yesterday  afternoon,  as  follows  : 
Captain  Inglefield  will,  no  doubt,  in  his  dispositions  regarding  the  iron-clad  vessels, 
take  every  proper  precaution  tor  the  preservation  of  the  property.     The  orders  have 
been  well  considered,  and  cannot  be  revoked  or  altered. 

We  take  the  liberty  to  draw  the  attention  of  Her  Majesty's  government  to  the 
peculiar  construction  of  the  hulls  and  machinery  of  the  vessels  built  by  us  and  seized 
by  the  government ;  and  to  express  to  them  our  conviction  that  it  is  not  possible,  in 
their  present  incomplete  state,  for  any  naval  officer,  by  any  dispositions  he  can 
[431]  make,  *to  protect  the  vessels  from  damage,  even  in  a  dock,  and  much  less  in  the 
open  roadstead  of  the  Mersey,  where,  in  our  opinion,  they  cannot  be  even  moored 
writh  safety  in  this  inclement  season- of  the  year. 
We  are,  &c, 
(Signed)  LAIRD  BROS. 


]NTo.  179. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  October  31,  18G3. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  this  day,  inclosing 
a  copy  of  a  further  telegram  from  Messrs.  Laird,  representing  the  dan- 
ger which  the  iron-clads  now  under  seizure  will  incur  in  consequence  of 
their  being  removed  from  their  premises ;  and  I  am  to  request  that  you 
will  state  to  the  lords  commissioners  of  Her  Majesty's  treasury  that 
Lord  Eussell  is  of  opinion  that  their  lordships  should  say  to  Messrs. 
H.  Ex.  282,  vol.  ii 32 


498  •'  TREATY    OF    WASHINGTON. 

Laird,  in  reply,  that,  having  been  in  communication  with  the  secretary 
of  state,  they  have  nothing  to  add  to  their  telegram  of  the  29th  instant. 
With  reference  to  the  suggestion  made  by  you  in  the  same  letter,  as 
to  a  communication  which  might  be  made  by  the  board  of  treasury  to 
the  board  of  admiralty,  in  regard  to  the  precautions  to  be  taken  for  the 
protection  and  preservation  of  the  vessels,  I  am  state  to  you  that  Lord 
Eussell  considers  that  the  admiralty  may  be  informed  by  you  that  the 
secretary  of  state  relies  upon  Captain  Inglefield  to  take  all  proper  pre- 
cautions for  the  security  of  the  property. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  180. 

Messrs.  Laird  Brothers  to  Earl  Eussell. 

[Telegraphic] 

Birkenhead,  October  31, 1863.  (Received  October  31.) 
Admiralty  write  that  they  have  referred  to  the  secretary  of  state  for 
foreign  affairs  our  telegram  and  letter  of  29th  instant,  protesting  against 
the  removal  of  the  iron-clads  into  the  river  Mersey.  We  renew  our  pro- 
test against  moving  the  vessels  from  the  dock,  where  they  are  now  in 
perfect  security,  either  from  forcible  abduction  or  sea-risk.  The  weather 
is  now'most  boisterous,  and  always  uncertain  at  this  time  of  the  year. 


No.  181. 

Mr.  Hammond  to  Messrs.  Laird  Brothers. 

Foreign  Office,  November  2, 18G3. 
Gentlemen  :  I  am  directed  by  Earl  Eussell  to  acknowledge  the  re- 
ceipt of  your  telegraphic  message  of  the  31st  ultimo,  renewing  your  pro- 
test against  the  removal  from  the  docks  of  the  two  iron-clad  vessels  now 
under  seizure  by  the  Crown  ;  and  I  am  to  state  to  you  that  the  matter 
has  been  referred  to  the  lords  commissioners  of  Her  Majesty's  treasury. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  182.  , 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 

November  2,  1863.     (Received  November  2.) 

Sir  :  With  reference  to  the  correspondence  which  has  passed  relating 

to  the  iron-clad  vessels  under  seizure  by  Her  Majesty's  government  at 

Liverpool,  1  am  commanded  by  the  lords  commissioners  of  Her 

[132]    Majesty's  treasury  to  transmit  to  you,  for  the  *information  of 

Earl  Russell,  the"  inclosed  copies  of  a  letter  and  accompanying 


BKITISH    CASE    AND    PAPERS.  499 

papers  received  from  the  board  of  customs,  relating  to  the  transfer  to 
Captain  Inglefield,  of  Her  Majesty's  ship  Majestic,  of  the  charge  of 
those  vessels. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  Ko.  182.J 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  October  31,  1863. 
Sir  :  With  reference  to  the  order  of  the  lords  commissioners  of  Her  Majesty's  treas- 
ury, dated  28th  instant,  desiring  that  the  two  iron-clad  vessels  under  detention  at  Liv- 
erpool should  be  placed  and  left  under  the  charge  and  responsibility  of  Captain  Ingle- 
field,  I  am  directed  to  transmit,  for  their  lordships'  information,  copy  of  a  report  of  the 
assistant  collector  of  the  revenue  at  Liverpool,  dated  30th  instant,  inclosing  copy  of 
the  communication  made  by  the  collector  to  Captain  Inglefield  on  being  informed  by 
us  of  their  lordships'  directions,  and  of  Captain  Inglefield's  reply. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  Xo.  182.  J 

Mr.  Stewart  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  October  30,  1863. 
Honorable  Sirs  :  With  reference  to  your  order  of  the  29th  instant,  directing  the 
collector  to  inform  Captain  Inglefield  that  the  iron-clads  were  to  be  placed  and  left 
under  his  charge  and  responsibility,  I  beg  to  report  that  immediately  on  receiving 
yesterday  the  telegram  to  that  effect,  the  collector  forwarded  to  Captain  Inglefield  a 
letter,  a  copy  of  which  is  inclosed ;  and  I  also,  transmit  the  copy  of  the  reply  received 
from  that  officer. 

Respectfully,  &c, 

(Signed)  W.  G.  STEWART. 


[Inclosure  3  in  jSTo.  182.] 

Mr.  Edwards  to  Captain  Inglefield. 

Custom-House,  Liverpool,  October  29,  1863. 
Sir  :  I  have  now  just  received  a  telegram  from  the  secretary  of  Her  Majesty's  cus- 
toms to  the  following  effect,  viz  : 

The  iron-clads  to  be  immediately  placed  and  left  under  the  charge  and  responsibility 
of  Captain  Inglefield. 

I  have,  therefore,  given  directions  for  the  officers  of  the  customs  to  be  removed  from 
on  board  each  of  these  vessels  as  soon  as  you  can  make  arrangements  to  take  posses- 
sion. 

I  am,  &c, 

(Signed)  •  S.  PRICE  EDWARDS. 


[Inclosure  4  in  Xo.  182.J 

Captain  Inglefield  to  Mr.  Edwards. 

Majestic,  October  29,  1863. 
Sir  :  I  shall  not  be  prepared  to  take  charge  of  the  iron-clad  vessels  until  to-morrow, 
as  I  must  have  a  satisfactory  survey  made  first. 

Please,  therefore,  to  allow  the  custom-house  officers  to  remain  in  charge  of  each  until 
I  communicate  with  you  again. 
I  am,  &c, 
(Signed)  E    A.  INGLEFIELD. 


500  TREATY    OF    WASHINGTON. 

[433]  *So.  183. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 
Admiralty,  November  2, 1863.  (Received  November  2.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  from  Captain  Inglefield,  of  Her  Majesty's  ship  Majestic,  dated  the 
1st  instant,  with  copy  of  its  inclosure,  reporting  that  he  has  removed 
the  iron-clad  vessel  El  Tousson  into  the  Mersey,  and  moored  her  off  New 
Ferry ;  also  the  arrangements  he  is  making  for  mooring  the  El  Mou- 
nassir. 

My  lords  propose  to  inform   Captain  Inglefield  that  they  entirely 
approve  of  his  proceedings  with  regard  to  the  two  vessels.     ' 
I  am,  &c, 
(Signed)  C.  PAGET. 

llnclosure  1  in  Xo.  183.J 
Captain  Inglefield  to  the  secretary  to  the  admiralty. 

Majestic,  Bock  Ferry,  Noveniber  1,  1863. 

Sir:  I  have  the  honor  to  acquaint  you  that  I  brought  the  El  Tousson  out  into  the 
Mersey  this  afternoon,  and  moored  her,  without  the  slightest  accident  or  damage  to 
any  of  her  fittings,  in  a  berth  immediately  above  my  ship,  and  off  New  Ferry,  the 
fides  being  less  strong  in  that  part  of  the  river,  and  no  large  vessels  anchoring  in  the 
vicinity.  I  may  confidently  report  to  you,  for  their  lordships'  information,  that  this 
vessel  is  now  secure  against  all  ordinary  accident.  I  shall  cause  her  to  be  housed  in 
with  my  ship's  rain-awnings,  all  the  boats  have  been  got  on  board,  the  top-mast  struck, 
and  the  yards  braced  fore  and  aft.  I  propose  putting  a  lieutenant,  the  marine  officer, 
and  an  assistant  engineer,  with  a  party  of  twelve  marines  and  twenty  blue-jackets,  to 
live  on  board,  relieving  the  men  periodically. 

Until  the  El  Tousson  can  be  prepared  to  receive  the  men  and  officers,  I  shall  cause 
the  Goshawk  to  remain  lashed  alougside.  I  think  I  can  supply  from  my  own  ship  all 
that  will  be  necessary  to  make  them  comfortable,  carefully  avoiding  the  necessity  for 
interfering  with  the  present  arrangements  and  state  of  the  vessel's  fittings. 

With  reference  to  the  El  Mounassir  I  have  the  honor  ro  report  that  I  was  unable  to 
move  that  vessel  out  of  Messrs.  Laird's  yard  yesterday,  owing  to  her  want  of  a  second 
anchor. 

This  morning  I  have  received  from  Messrs.  Laird  a  letter,  a  copy  of  which  I  beg  to 
inclose,  in  reply  to  my  communication  therein  alluded  to.  I  am  quite  satisfied  with 
the  validity  of  the  statements  made  in  the  Messrs.  Laird's  letter  of  yesterday,  and  in 
the  mean  time  I  shall  make  arrangements  for  the  hire  of  a  spare  anchor,  (sufficient 
chains  being  now  on  board,)  if  I  am  unable  to  get  an  anchor  suitable  out  of  my  own 
ship,  whicH  course  I  had  proposed  adopting  until  forced  to  moor  with  our  own  bowers. 
I  have,  &c, 
(Signed)  E.  A.  INGLEFIELD. 


[Iuclosure  2  in  ISTo.  183.] 

Messrs.  Laird  Brothers  to  Captain  Inglefield. 

Birkenhead  Iron- Works,  October  31,  1863. 
Sir:  We  beg  to  acknowledge  receipt  of  your  letter  of  the  30th  instant,  informing  us 
that  you  have  taken  the  advice  of  Mr.  Bond,  the  pilot,  upon  the  subject  of  moving  the 
El  Mounassir,  and  that  he  states  it  would  be  most  imprudent  to  attempt  to  move  that 
vessel  into  the  Mersey  without  a  second  anchor  on  board,  unless  she  could  be  put  to  a 
buoy  ;  that  it  will  not  be  earlier  than  Monday  you  can  obtain  the  use  of  the  latter ;  and 
that  you  are  therefore  obliged  to  postpone  taking  that  vessel  out  of  our  graving-dock 
to-morrow,  as  you  cannot  get  an  anchor  on  board  in  time. 

In  reply,  we  beg  to  state  that,  owing  to  the  lowness  of  the  neap  tides  during 
[433]  the  *next  week,  we  cannot  with  safety  float  the  caisson  at  the  entrance  of  the 
dock,  and  therefore  must  decline  doing  so  until  the  9th  November. 
We  are,  &c, 
(Signed)  LAIRD  BROS. 


BRITISH    CASE    AND    PAPERS.  501 

Xo.  184. 

The  secretary  to  the  admiralty  to  Mr.  Hammond, 

Admiralty,  November  2,  1863.     (Beceived  November  2.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  the  admiralty 
to  send  yon  herewith,  for  the  information  of  Earl  Russell,  extracts  of  a 
letter,  dated  the  1st  instant,  from  Captain  Inglefield,  of  Her  Majesty's 
ship  Majestic,  reporting  that  the  El  Tousson  iron-clad  ship  had  just  been 
moored  in  the  river  Mersey,  above  Her  Majesty's  ship  Majestic,  and  the 
circumstances  under  which  he  took  formal  possession  of  that  ship,  and 
also  of  the  El  Mounassir. 
I  am,  &c, 
(Signed)  W.  G.  ROMAIOT). 

[Iuclosure  in  l\o.  184.] 

Captain  Inglefield  to  Lord  C.  Paget. 

[Private.] 

Majestic,  Bock  Ferry,  November  1,  1863. 

My  Dear  Lord  Clarence  :  I  have  just  moored  the  El  Tousson  in  the  river  above 
my  ship,  where  I  promise  you  nothing  shall  touch  her  (barring  accidents)  until  ordered 
to  move  away. 

The  Goshawk  will  remain  lashed  alongside  till  arrangements  can  be  made  for  accom- 
modating officers  and  men  to  live  on  board  the  iron-clad. 

The  Standard  newspaper  was  put  into  my  hand  yesterday,  (the  31st  October,)  and  I 
read  therein  such  a  very  erroneous  statemeut  of  the  manner  in  which  I  took  formal  pos- 
session of  the  rams  that,  though  I  am  now  pretty  well  case-hardened  to  paper  abuse, 
I  think  I  ought  to  inform  you  of  the  facts,  as  doubtless  you  will  hear  the  newspaper 
version  from  other  quarters,  though  otherwise  I  would  not  have  bothered  you  with 
these  petty  details.  For  your  convenience  I  have  cut  out  the  article  I  allude  to,  and 
in  a  few  words  I  lnay  say  that  I  have  not  yet,  nor  do  I  intend  without  orders,  to  hoist 
any  flag  on  board  the  rams. 

The  article  in  question  states  that  "tons  of  water  fell  into  the  hold  of  the  El 
Mounassir."  Her  position  was  exactly  what  it  would  have  been  if  the  Lairds  had  still 
retained  possession.  The  fact  is  that,  while  before  she  was  fully  exposed  to  the  wet 
weather,  now  all  the  hatches  and  turret-holes  are  housed  in.  This  would  not  have 
been  done  but  for  the  stoppage  of  work.  Neither  boilers  nor  engines  have  sufferred 
the  least. 

The  article  next  speaks  of  armed  officers  and  men  ! 

When  the  workmen  were  dismissed  by  the  custom-house  officer,  the  two  usual  sen- 
tries were  posted  on  board,  but  the  ship-keeper  and  custom-house  officers  remained  at 
my  request  till  a  survey  and  inventory  had  been  completed  for  both  vessels  by  a  lieu- 
tenant, engineer,  boatswain,  carpenter's  mate,  and  a  clerk.  These  officers,  I  now  learn, 
took  their  swords  with  them,  as  they  would  have  done  if  sent  to  a  dock-yard  on  a 
survey,  but  did  not  wear  them.  If  I  had  thought  it  necessary  I  should  have  specially 
ordered  them  to  go  without,  for  I  took  the  precaution  of  having  them  all  into  my  cabin 
to  caution  them  as  to  their  manner,  and  particularly  to  avoid  anything  that  could  be 
construed  as  offensive  in  either  deportment  or  speech.  They  were  accompanied  by 
twelve  unarmed  men  (blue-jackets)  to  range  the  cables  for  measurement.  The  party 
completed  their  work,  and  left  the  rams  in  the  afternoon  still  under  charge  of  the 
custom-house  officers. 

On  the  following  morning  I  took  three  unarmed  blue-jackets  ashore  at  Rock  Ferry, 
and  arming  himself  with  nothing  more  dangerous  than  an  umbrella,  we  proceeded,  the 
men  and  myself,  inside  a  cab,  and  their  hammocks  and  bags  outside,  toward  Laird's 
yard.  I  kept  the  men  waiting  at  the  door  while  I  got  the  inventory  signed,  and  Tthen 
asked  the  Messrs.  Laird's  permission  to  take  the  sailors  through  their  works ;  and 
thus,  with  their  bags  on  their  backs,  we  quietly  walked  on  board  the  El  Mounassir 

and  I  relieved  the  custom-house  officer  of  all  further  charge. 

[435]       *I  then  went  on  to  the  El  Tousson  by  myself,  and  relieved  the  custom-house 

officer  there,  giving  the  vessel  in  charge  of  the  lieutenant  of  the  gun-boat.     In 

the  afternoon  I  ordered  sixty  picked  men  to  go  as  a  working  party  to  the  El  Tousson. 

I  had  proposed  sending  the  first  lieutenant  in  charge,  but  I  resolved  upon  going  my- 


502  TREATY    OF    WASHINGTON. 

self  with  the  boatswain.  We  landed  at  Birkenhead  about  a  mile  and  a  half  from  the 
ram,  not  a  creature  having  a  weapon  of  any  description  but  myself,  the  umbrella.  On 
starting  I  told  the  men  that  I  should  place  implicit  trust  in  their  good  sense  and  proper 
behavior ;  that  I  should  not  march  them  through  the  town,  nor  should  I  direct  the 
boatswain  and  petty  officers  to  look  after  them  ;  but  that  I  felt  sure  they  would  not 
disappoint  me  by  straggling  or  bad  conduct.  The  result  was,  I  had  not  the  slightest 
trouble,  though  the  men  had  had  no  leave  for  several  days,  and  returned  through  Birk- 
enhead after  dusk.  Not  a  man  was  missing,  and  on  board  the  iron-clads  they  worked 
well.  The  crowds  of  operatives  who  stood  by  on  the  quay  watching  us  while  I  super- 
intended the  work  of  housing  the  masts  and  getting  the  boats  on  board,  never  showed 
any  disposition  to  annoy  us,  and  when  it  was  necessary  I  went  among  them  and  spoke 
civilly  to  them,  and  was  civilly  replied  to. 

My  working-party  was  with  me  all  day  yesterday  and  again  to-day  from  8  until  4 
o'clock,  when  I  got  the  El  Tousson  moored,  and  I  have  been  equally  well  pleased  with 
their  conduct. 

I  have  taken  the  precaution  each  time  to  land  at  a  different  spot ;  and  to-day,  being 
Sunday,  I  feared  an  unusual  gathering  of  idlers — so  landed  below  the  great  float,  and 
came  round  by  the  back  of  the  docks.  Sunday  was  the  day  chosen  by  the  mob  at 
Birkenhead  for  their  last  riot,  and  thus  my  precaution  on  this  occasion. 

In  conclusion,  I  may  add  that  no  marine  has  yet  put  his  foot  inside  Messrs.  Laird's 
yard,  nor  has  an  armed  blue-jacket  of  any  description. 

Since  the  petty  officer  and  two  men  have  been  put  in  possession  of  the  El  Mounassir 
I  have  sent  them  some  blue  lights  and  a  musket  that  they  may  communicate  with  the 
Heron  if  they  should  require  assistance  during  the  night. 
Yours,  &c, 
(Signed)  E.  A.  INGLEFIELD. 


No.  185. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  November  3, 1863. 
Sir  :  I  am  directed  by  Earl  Eussell  to  acknowledge  the  receipt  of 
your  letter  of  the  2d  instant,  and  I  am  to  request  that  you  will  inform 
the  lords  commissioners  of  the  admiralty  that  his  lordship  concurs  in 
the  approval  which  their  lordships  propose  to  convey  to  Captain  Ingle- 
field  for  the  measures  adopted  by  him  with  regard  to  the  iron-clad  ves- 
sels at  Birkenhead  now  under  seizure  by  the  Crown. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  180. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  November  3, 1863. 
Sir  :  With  reference  to  your  letter  of  the  2d  instant,  I  am  directed 
by  Earl  Enssell  to  request  that  you  will  inform  the  lords  commissioners 
of  Her  Majesty's  treasury  that  his  lordship  concurs  in  the  steps  taken 
by  the  board  of  customs  for  transferring  the  charge  of  the  iron-clad 
vessels  at  Birkenhead,  now  under  seizure  by  the  Crown,  to  Captain  ln- 
glefield,  of  Her  Majesty's  ship  Majestic. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


BRITISH    CASE    AND    PAPERS.  503 

[436]  *No.  187. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
November  3, 1863.  (Eeceived  November  3.) 
Sir  :  With  reference  to  your  letter  of  the  the  30th  ultimo,  I  am  com- 
manded by  the  lords  commissioners  of  Her  Majesty's  treasury  to  trans- 
mit to  you,  for  the  information  of  Secretary  Earl  Eussell,  the  inclosed 
copy  of  the  opinion  of  the  law-officers  of  the  Crown  as  to  the  answer  to 
be  returned  to  the  protest  of  Messrs.  Laird  against  the  proceedings  of 
Her  Majesty's  government  in  regard  to  the  seizure  of  the  iron-clad  ves- 
sels at  Birkenhead.  I  am  further  desired  to  transmit,  for  Earl  Russell's 
information,  the  inclosed  copies  of  a  letter  dated  this  day  from  the 
board  of  customs,  and  of  its  in  closures,  relating  to  the  notices  of  seizure 
issued  to  Messrs.  Laird  and  M.  Bravay,  together  with  copy  of  a  letter 
which  their  lordships  have  this  day  caused  to  be  addressed  to  Messrs. 
Laird  in  accordance  with  the  opinion  of  the  law-officers  of  the  Crown* 

I  am,  &c, 

^Signed)  GEO.  A.  HAMILTOK 


[Inclosure  1  in  N/o.  187.] 

Opinion. 

We  are  of  opinion  that  the  receipt  of  Messrs.  Laird's  letter  should  he  acknowledged, 
and  that  Her  Majesty's  government  should  refer  to  the  notice  of  the  cause  of  seizure 
already  given,  and  should  decline  to  enter  into  any  discussion  of  the  subject  with  those 
gentlemen  before  the  investigation  which  the  case  will  necessarily  receive  in  the  court 
of  law. 

(Signed)  ROUNDELL  PALMER. 

R.  P.  COLLIER. 
1863. 


[Inclosure  2  in  Xo.  187.] 

Messrs.  Hamilton  to  Messrs.  Laird  Brothers. 

\  Treasury  Chambers,  November  3,  1863. 

Gentlemen:  I  am  commanded  hy  the  lords  commissioners  of  Her  Majesty's  treasury 
to  acknowledge  the  receipt  of  yonr  letter  of  the  29th  ultimo,  in  which  you  protest 
against  the  measures  which  Her  Majesty's  government  have  felt  it  their  duty  to  adopt 
for  effecting  and  maintaining  the  seizure  of  the  two  iron-clad  vessels  at  Birkenhead. 

I  am  desired  to  state,  in  reply  thereto,  that  their  lordships  can  only  refer  you  to  the 
notice  of  the  cause  of  seizure  conveyed  in  the  letter  addressed  to  your  firm  hy  the  col- 
lector pf  customs  on  the  27th  ultimo,  and  that  their  lordships  must  decline  to  enter 
into  any  discussion  of  the  subject  with  you  before  the  investigation  which  the  case 
will  necessarily  receive  in  the  court  of  law. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  3  in  Nfo.  187.] 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  November  3, 1863. 
Sir:  With  reference  to#the  order  of  the  lords  commissioners  of  Her  Majesty's  treas- 
ury, dated  the  2?th  ultimo,  on  the  subject  of  the  iron-clad  vessels  at  Birkenhead,  I  am 


504  TREATY    OF    WASHINGTON. 

directed  by  the  commissioners  of  Her  Majesty's  customs  to  transmit  to  you  the  inclosed 
copies  of  the  notices  which,  in  pursuance  of  their  lordships'  order,  have  been  served 
upon  M.  Bravay  and  Messrs.  Laird,  respectively;  having  to  observe  that,  as  the  provis- 
ions of  the  226th  section  of  the  customs  consolidation  act,  1853,  in  regard  to  the 
[437]  notice  to  be  given  in  cases  of  seizure,  have  been  amended  by  the  29th  *  section 
of  the  act  18  and  19  Vict.,  cap.  96,  the  board  were  advised  by  their  solicitor  that 
reference  should  not  be  made  to  the  226th  section  in  the  notice  to  be  given  to  the 
parties. 

I  am,  &.c, 

(Signed)  F.  G.  GARDNER. 


[Iuclosure  5  in  No.  187.] 
Mr.  Edwards  to  Messrs.  Laird  Brothers. 

Custom-House,  Liverpool,  October  27,  1863. 
Gentlemen:  I  hereby  beg  to  inform  you  that  your  two  cupola-vessel's  are  now  de- 
tained under  the  223d  section  of  the  customs  consolidation  act,  the  ground  of  detention 
being  a  violation  of  the  foreign  enlistment  act ;  and  I  have  further  to  state  that  the 
officers  in  charge  have  received  directions  to  remove  your  workmen   at  once  from  on 
board  the  ships. 
I  am,  &c, 
(Signed)  S.  PRICE  EDWARDS. 


[Iuclosure  4  in  No.  187.] 

Mr.  Morgan  to  Messrs.  Bravay  §  Co. 

Custom-House,  Liverpool,  October  29,  1863. 
Sir  :  Understanding  that  you  claim  some  title  to,  or  interest  in,  the  two  iron-clad 
steam-rams  built  by  Messrs.  Laird  &  Co.,  of  Birkenhead,  I  beg  to  state,  for  your  infor- 
mation, that  I  have  made  seizure  of  those  vessels  for  a  violation  of  the  seventh  section 
of  the  foreign  enlistment  act,  (59  Geo.  III.,  cap.  59,)  and  I  give  you  this  notice  of  the 
seizure,  and  the  grounds  thereof,  without  prejudice  to  any  question  as  to  the  bona  fide 
ownership  of  these  vessels. 
I  am,  &c, 
(Signed)  «  E.  MORGAN. 


No.  188. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  November  5,  1863.     (Received  November  5.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  dated  the  4th  instant,  from  Captain  Inglefield,  of  Her  Majesty's 
ship  Majestic,  with  copies  of  his  correspondence  with  Messrs.  Laird, 
relative  to  the  removal  of  the  iron-clad  vessel  into  the  river  Mersey. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 

[Incloaure  1  in  No.  188.] 

Captain  Inglefield  to  the  secretary  to  the  admiralty. 

Majestic,  Rock  Ferry,  November  4,  1863. 
Sir  :  I  have  the  honor  to  inclose,  for  the  information  of  ihe  lords  commissioners  of 
the  admiralty,  copies  of  letters  that  have  passed  between  Messrs.  Laird  and  myself, 


BRITISH    CASE    AND    PAPERS.  505 

relating  to  the  removal  of  the  iron-clad  vessels  ElTonsson  and  El  Mounassir,  since  the 
last  copies  forwarded  on  the  19th  ultimo. 

I  have,  &c, 

(Signed)  E.  A.  INGLEFIELD. 


[438]  *|Incl6sure  2  in  ]STo.  138.] 

Captain  Inglefield  to  Messrs.  Laird  Brothers. 

Majestic,  Rock  Ferry,  October  28,  18C3. 
Gentlemen  :  I  beg  to  acquaint  you  that  I  have  received  from  the  lords  commission- 
ers of  the  admiralty  a  letter,  of  which  the  following  is  an  extract : 

"  Desiring  that  full  possession  should  he  taken  of  the  two  iron-clads  now  under 
seizure  at  Birkenhead  ;   that  Messrs.  Laird's  workmen  should  he  immediately  removed 
from  them,  and  that  the  vessels  themselves  should  he  removed  into  the  Mersey,  and 
stationed  where  you  may  determine,  with  a  sufficient  guard  placed  on  hoard  of  them." 
I  have,  therefore,  to  request  that  you  will  deliver  the  vessels  in  question  to  my  cus- 
tody, upon  my  sending  an  officer  and  party  to  take  charge  of  them. 
I  am,  &c, 
(Signed)  E.  A.  INGLEFIELD. 


[Inclosnre  3  in  Xo.  188.] 

Messrs.  Laird  Brothers  to  Captain  Inglefield. 

Birkenhead  Ikon-Works, 
Birkenhead,  October  29,  1863. 

Sir:  We  have  the  honor  to  acknowledge  receipt  of  your  letter  of  the  28th  instant, 
informing  us  that  you  have  received  from  the  lords  commissioners  of  the  admiralty  a 
letter,  of  which  the  following  is  an  extract :  "Desiring  that  full  possession  should  he 
taken  of  the  two  iron-clads  now  under  seizure  at  Birkenhead  ;  that  Messrs.  Laird's 
workmen  should  be  immediately  removed  from  them,  and  that  the  vessels  themselves 
should  be  removed  into  the  Mersey,  and  stationed  where  you  may  determine,  with  a 
sufficient  guard  placed  on  board  of  them."  And  that  you  therefore  request  that  we 
will  deliver  the  vessels  in  question  to  your  custody,  uj)on  your  sending  an  officer  and 
party  to  take  charge  of  them. 

We  beg  formally  to  protest  against  the  illegal  and  unconstitutional  seizure  of  these 
ships. 

We  shall,  of  course,  offer  no  obstruction  to  the  physical  force  ,with  which  we  are 
threatened  by  the  government.  At  the  same  time  we  protest  against  the  probable 
destruction  of  our  property  in  having  ships,  one  of  wrhich  is  a  mere  hulk,  without 
masts,  funnel,  or  steering-gear,  taken  out  of  the  docks  where  they  are  now  in  a  place 
of  safety,  and  moored  in  the  river  Mersey  at  this  inclement  season  of  the  year,  and 
we  trust  that  the  government  will  reconsider  the  orders  they  have  given  you  on 
this  point. 

We  are,  &c,  ^ 

(Signed)  LAIRD  BROS. 


[Inclosnre  4  in  Xo.  188.] 

Messrs.  Laid  Brothers  to  Captain  Inglefield. 

Birkenhead  Iron- Works, 

Birkenhead,  October  28,  18G3. 
Sir  :  Referring  to  the  conversation  you  had  with  our  Mr.  John  Laird,  junior,  this 
morning,  and  the  requests  you  have  made  to  us  for  assistance  in  preparing  the  El 
Mounassir  for  removal  from  our  graving-dock,  we  shall  feel  obliged  if  you  will  put 
your  request  in  writing,  and  we  will  then  give  it  our  best  consideration. 
We  are,  &c, 
(Signed)  •  LAIRD  BROS. 


506  TREATY    OF    WASHINGTON. 

Tlnclosure  5  in  No.  188. 1 
Captain  Inglefield  to  Messrs.  Laird  Brothers. 

Majestic,  Bock  Ferry,  October  28,  1863. 

Gentlemen  :  With  reference  to  your  letter  of  this  date,  requesting  that  I  will  put 

in  writing  the  verbal  application  I  made  to  you  this  afternoon  for  assistance 

[439]  in  preparing  the  *E1  Mounassir  for  removal  from  your  graving-dock,  I  beg  now 

to  renew  that  application,  and  to  request  you   will  give   me   such   assistance, 

by  the  loan  of  an  anchor  and  cable,  being  essential  to  enable  me  to  moor  that  vessel 

with  safety  in  the  Sloyne. 

I  have  further  to  add  that  such  anchor  and  cable  will  be  accepted  as  a  personal  loan, 
and  I  undertake  that  it  shall  not  be  considered  as  a  part  of  the  seizure  of  the  afore- 
mentioned iron-clad  vessel  El  Mounassir. 
I  am,  &c, 
(Signed)  E.  A.  INGLEFIELD. 


[Iuclosure  6  in  No.  188.] 
Messrs.  La'ud  Brothers  to  Captain  Inglefield. 

Birkenhead  Iron- Works, 

Birkenhead,  October  29,  1863. 

Sir:  We  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of  the 
28th  instant,  requesting  us  to  render  you  assistance  in  preparing  the  El  Mounassir  for 
removal  from  our  graving-dock,  and,  further,  to  grant  the  loan  of  an  anchor  and  cable, 
which  are  essential  to  enable  you  to  moor  the  vessel  with  safety  in  the  Sloyne. 

We  have  every  desire  to  render  you  personally  any  assistance  in  our  power  in  carry- 
ing out  the  illegal  and  unpleasant  duty  imposed  on  you ;  but  having  given  the  matter 
very  serious  consideration,  and  regarding  the  responsibility  we  are  under  to  the  owners 
of  these  vessels,  we  greatly  regret  that  we  cannot,  in  justice  either  to  them  or  ourselves, 
do  anything  to  relieve  Her  Majesty's  government  from  the  responsibility  they  are 
under  to  us  and  to  the  owners  in  attempting  to  remove  from  our  graving-dock  into  the 
Mersey  a  vessel  in  the  helpless  condition  of  the  El  Mounassir.    ' 

You  are  aware  that  in  order  to  remove  the  El  Mounassir  it  will  be  necessary  to 
remove  the  caisson.  This  is  an  operation  requiring  some  skill,  and,  in  order  to  prevent 
injury  to  the  caisson,  we  shall  instruct  our  foreman  to  remove  it  on  the  day  when  you 
determine  to  remove  the  vessel.  We  renew  our  protest  to  you  at  the  illegal  and  ex- 
traordinary conduct  of  the  government  in  this  matter. 
We  are,  &c, 
(Signed)       ,  LAIRD  BROS. 


[Iuclosure  1  iu  No.  188.] 

Captain  Inglefield  to  Messrs.  Laird  Brothers. 

Majestic,  Bock  Ferry,  October  30, 1863. 
Gentlemen  :  I  have  taken  the  advice  of  Mr.  Bond,  the  pilot,  upon  the  subject  of 
moving  the  El  Mounassir,  and  he  states  that  it  would  be  most  imprudent  to  attempt 
to  move  that  vessel  into  the  river  without  a  second  anchor  on  board,  unless  she  could 
be  put  to  a  buoy,  and  it  will  not  be  earlier  than  Monday  that  I  can  obtain  the  use  of 
the  latter.  I  am,  therefore,  obliged  to  postpone  taking  that  vessel  out  of  your  graving- 
dock  to-morrow,  as  I  cannot  get  an  anchor  on  board  in  time.  I  can  only  add  that  if 
this  should  cause  you  any  inconvenience  I  am  really  much  concerned,  and  always 
yours,  &c. 

(Signed)  E.  A.  INGLEFIELD. 


BRITISH    CASE    AND     PAPERS.  507 

No.  180. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  November  7,  1863.     (Received  November  7.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a  letter 
dated  the  5th  instant,  from  Messrs.  Bravay  &  Co.,  respecting  the  seizure 
of  the  two  iron- clad  ships  at  Birkenhead. 
I  am,  &c, 
(Signed)  .  W.  G.  EOMAINE. 


[440]  -lliiclosure  in  Xo.  189.] 

Messrs.  Bravay  #•  Co.  to  the  secretary  to  the  admiralty. 

6,  Rue  de  Londres,  Paris,  le  5  Novemore,  1863. 

Nous  avions  eu  Phonneur  de  vous  addresser  une  demande  a  l'effet  d'obtenir  l'autori- 
sation  de  mettre  les  canons  a  bord  de  deux  uavires  que  nous  avous  en  construction  sur 
les  chantiers  de  Messrs.  Laird  Brothers  a  Liverpool. 

Vous  nous  avez  fait  l'honneur  de  nous  r6pondre  par  lettre  officielle  du  5  octobre 
dernier,  que  nous  devious  nous  adresser  au  ministere  des  affaires  etrangeres  pour  cette 
autorisation. 

Nous  e"tions  absent  lorsque  cette  re"ponse  est  arriv6*e  a  Paris,  et  au  moment  de  notre 
retourle  gouvernement  de  sa  majestC  avait  pris  une  mesure  que  vous  connaissez  et  in- 
terrompu  Pexe'cution  du  contrat  intervenu  entre  Messrs.  Laird  Brothers  et  nous. 

Nous  avons  Phonneur  de  vous  annoncer  reception  de  la  lettre  du  5  octobre,  nous 
rdservant  d'agir  pour  la  conservation  et  le  maintien  de  nos  droits  a  propos  de  la  viola- 
tion desquels  nous  allons  protester  par  lettre  addressee  au  ministere  des  affaires 
e"trang6res. 

Veuillez,  &c,  " 

(Signe")  A.  BRAVAY  ET  CIE. 


Mr.  Arbuthnot  to  Mr.  Hammond. 

Treasury  Chambers, 
November  7, 1863.     (Received  November  7.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  information  of  Earl  Russell,  with 
reference  to  previous  correspondence,  the  inclosed  copy  of  a  letter  from 
the  secretary  to  the  board  of  customs,  with  copy  of  a  letter  from  the  col- 
lector of  customs  at  Liverpool,  dated  6th  instant,  and  copy  of  a  letter 
addressed  to  that  office  on  the  5th  instant  by  Messrs.  Bravay,  acknow- 
ledging the  receipt  of  the  notification  of  the  seizure  of  the  iron-clad 
vessels  at  Birkenhead  by  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  G.  ARBUTHNOT. 


lliiclosure  1  in  Xo.  190. J 
Mr.  Gardiner  to  Mr.  Hamilton. 

Custom-House,  November  7,  1863. 

Sir  :  I  am  directed  to  transmit,  for  the  information  of  the  lords  commissioners  of  Her 

Majesty's  treasury,  with  reference  to  the  previous  correspondence  on  the  subject  of  the 

iron-clad  vessels  under  seizure  at  Liverpool,  a  copy  of  a  report  from  the  collector  of  this 

revenue  at  Liverpool,  dated  the  6th  instant,  with  £he  letter  from  Messrs.  A.  Bravay  & 


508  TREATY    OF    WASHINGTON. 

Co.,  of  Paris,  therein  referred  to,  written  in  answer  to  the  collector's  letter  apprising 
them  of  the  seizure  of  the  vessels. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  190.] 

Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  November  6,  1863 
Honorable  Sirs  :  After  4  o'clock  to-day  I  received  the  inclosed  letter  from  Messrs. 
Bravay,  of  Paris,  in  reply  to  my  letter  addressed  to  them  relative  to  the  seizure  of  the 
two  iron-clads,  and  I  beg  respectfully  to  inclose  the  same  for  the  information  of  the 
hoard. 

(Signed)  S.  PRICE  EDWARDS. 


[441]  [Enclosure  3  in  No.  190.]  \ 

Messrs.  Bravay  fy  Co.  to  Mr.  Edwards. 

6,  Rue  de  Londres,  Paris,  le  5  Novemhre,  1863. 
Nous  avons  l'honneur  de  vous  accuser  reception  de  votre  lettre  du  29  Octobre,  par 
laquelle  vous  nous  notifiez  la  saisie  des  navires  que  nous  avons  en  construction  dans 
les  chantiers  de  Messrs.  Laird  Brothers,  a  Liverpool ;  nous  re'servant  d'agir  pour  la  con- 
servation et  le  maintien  de  nos  droits  h  propos  de  la  violation  desquels  nous  allons  pro- 
tester par  lettre  adressde  au  ministere  des  affaires  6trangeres. 
Agre"ez,  &c, 
(Signe)  A.   BRAVAY  ET   CIE. 


No.  191. 

Mr.  Arbuthnot  to  Mr  Hammond. 

Treasury  Chambers, 
November  7,  1863.     (Received  November  7.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a  letter  from  the 
admiralty  dated  7th  instant,  with  copy  of  a  report  from  the  admiralty 
inspector  as  to  the  appraisement  of  the  iron-clad  vessels  at  Birkenhead 
under  seizure  by  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  G.  ARBUTHNOT. 


[Inclosure  1  in  No.  191.] 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 
[Immediate.] 

Admiralty,  November  7, 1863. 
Sir:  With  reference  to  previous  correspondence  I  am  commanded  by  the  lords  com- 
missioners of  the  admiralty  to  transmit  to  you,  to  be  laid  before  the  lords  commission- 
ers of  Her  Majesty's  treasury,  the  inclosed  copy  of  a  report  from  the  admiralty  inspec- 
tor as  tolthe  appraisement  of  the  two  iron  steam-vessels  built  by  Messrs.  Laird,  and 
now  detained  by  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


,  BRITISH    CASE    AND    PAPERS.  509 

[Inclosure  2  in  Xo.  191.] 

Mr.  Luke  to  Admiral  Bobinson. 

Liverpool,  November  6,  1863. 
Sir  :  With  reference  to  your  minute  of  yesterday,  directing  me  to  proceed  imme- 
diately to  Liverpool,  and  to  put  myself  in  communication  with  the  collector  of  customs 
for  the  purpose  of  appraising  two  iron  steam-vessels  built  by  Messrs.  Laird  Brothers, 
and  now  detained  by  government,  and  to  report  the  result  to  you  as  soon  as  possible, 
I  have  the  honor  to  state  that  I  communicated  with  the  collector  of  customs  this 
morning,  and  was  requested  by  him  to  give  my  professional  assistance  to  Messrs.  Kel- 
lock  and  Jordan,  two  gentlemen  of  the  county  of  Lancaster,  who  had  been  appointed 
legal  appraisers  in  this  matter,  at  the  same  time  informing  me  that  the  valuation  must 
be  made  in  time  to  be  forwarded  to  London  by  to-night's  post. 

The  legal  appraisers  and  myself  then  made  a  general  inspection  of  the  two  vessels, 
and  have  estimated  their  present  value  as  they  now  lie  to  be  as  follows  : 
No.  1  vessel,  El  Tousson,  £106,000. 
No.  2  vessel,  El  Mounassir,  £80,000. 

The  collector  of  customs  has,  I  believe,  forwarded  the  above  appraisement  to  London 
by  this  post. 

I  have,  &c, 

(Signed)  J.  LUKE, 

Inspecting  Officer  of  the  Admiralty. 


[442]  *No.  192. 

The  secretary  to  tJie  admiralty  to  Mr.  Hammond. 

Admiralty,  November  10,  1863.     (Received  November  10.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  of  the  9th  instant,  from  Captain  Inglefield,  of  Her  Majesty's  ship 
Majestic,  reporting  that  the  El  Mounassir  was  out  of  Messrs.  Laird's 
graving-dock,  and  moored  safely  in  the  Sloyne. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 

[Inclosure  in  Xo.  192.J 

Captain  Inylejield  to  the  secretary  to  tlie  admiralty. 

"Majestic,  Bock  Ferry,  November  9,  1863. 
Sir:  I  have  the  honor  to  acquaint  you  that  this  morning  I  succeeded  in  getting  the 
El  Mounassir  out  of  the  Messrs.  Laird's  graving-dock,  and  moored  her  safely  in  the 
Sloyne,  near  Her  Majesty's  ship  Majestic. 
I  beg  to  add  that  I  have  no  farther  occasion  for  the  service  of  the  gun-boat  Heron. 
I  have,  &c, 
(Signed)  E.  A.  INGLEFIELD. 


No.  193. 
Sir  A.  Paget  to  Earl  Russell. 

Copenhagen,  November  11,  1863.   (Received  November  16.) 
My  Lord  :  In  consequence  of  your  lordship's  instructions  of  the  6th 
instant,  I  have  had  another  interview  with  the  Danish  minister  of  ma- 
rine, for  the  purpose  of  ascertaining  further  particulars  in  reference 


510  TREATY    OF    WASHINGTON.  '  , 

to  what  took  place  between  the  Danish  agent  in  England  and  the  build- 
ers of  the  iron-clads. 

Admiral  Bille  told  me  he  could  only  repeat  what  he  had  said  to  me 
on  this  subject  on  the  former  occasion,  viz,  that  having  desired  the 
agent  he  employs  in  England  to  ascertain  if  the  iron-clads  were  for 
sale,  the  agent  had  gone  to  Liverpool,  had  had  an  interview  with 
Messrs.  Laird,  and  had  learned  from  them  that  they  were  not  for  sale. 
The  name  of  the  agent  is  M.  Martini,  a  Danish  merchant  established  at 
Glasgow.  The  Danish  government,  Admiral  Bille  again  assures  me,  has 
had  no  communication  whatever,  direct  or  indirect,  with  M.  Bravay. 
The  first  time  he  had  heard  this  person's  name  mentioned  was  by  the 
English  gentleman  who  offered  to  be  the  medium  of  negotiation  with 
M.  Bravay,  but  which  offer  Admiral  Bille  did  not  accept,  although  in- 
clined to  purchase  the  ships,  because,  as  he  says,  what  passed  between 
him  and  the  English  gentleman  convinced  him  that  M.  Bravay  had  in 
reality  no  power  to  dispose  of  them.  I  asked  the  admiral  if  he  did  not 
inquire  how  it  was  that  M.  Bravay  came  to  have  anything  to  do  with 
the  ships.  He  said  he  did,  but  the  answer  was  unsatisfactory,  and  when 
he  inquired  for  what  purpose  M.  Bravay  wanted  them,  the  English  gen- 
tleman replied  jokingl y,  that  "  perhaps  M.  Bravay  wished  to  use  them 
as  pleasure-boats  on  the  Seine."  But  whether  the  ships  belong  or  do 
not  belong  to  M.  Bravay,  certain  it  is,  according  to  Admiral  Bille's  as- 
sertion, that  there  has  been  no  communication  between  the  Danish  gov- 
ernment and  him  respecting  them. 

I  pressed  the  admiral  to  give  me  the  name  of  the  English  gentleman 
alluded  to,  and  I  represented  to  his  excellency  that  whatever  his  posi- 
tion might  be  it  could  not  possibly  injure  him  its  being  known,  but  he 
said  he  did  not  feel  at  liberty  to  disclose  it. 

I  have  ascertained,  however,  on  the  best  authority,  that  Captain 
Blakeley,  well  known  for  his  inventions  in  artillery  and  writings  on  the 
same  subject,  was  at  the  very  time  I  first  saw  Admiral  Bille  respecting 
the  iron-clads,  viz,  on  the  3d  of  October,  at  Copenhagen,  that  he  had  two 
interviews  with  Admiral  Bille,  that  his  intention  was  to  go  to  Paris 
from  Copenhagen,  and  that  he  left  Copenhagen  for  that  capital  on  the 
5th  or  6th  of  October. 
I  have,  &c, 
(Signed)  A.  PAGET. 


[443]  *No.  194. 

Mr.  Colquhoun  to  Earl  Russell. 
[Extract.] 

Cairo,  November  16,  1863.     (Eeceived  November  27.) 

I  have  the  honor  to  acknowledge  the  receipt  of  your  lordship's  dis- 
patch of  23d  October. 

I  lost  no  time  in  seeing  the  Viceroy,  to  whom  I  explained  as  far  as  I 
could  the  case. 

Your  lordship  will  find  inclosed  a  statement  of  what  passed  on  the 
subject  at  this  interview. 

His  highness  had  a  few  days  previously  sent  me  a  copy  of  what  I 
may  term  M.  Bravay's  a  Discharge  in  full  of  all  demands,"  No.  2  in- 
closure. 


BRITISH    CASE    AND    PAPERS.  511 

Your  lordsliip  will  observe  how  completely  the  Viceroy  rejects  the 
supposition  that  M.Bravay  contemplated  through  his  highness  the  sale 
of  the  vessels  to  the  Porte,  aud  when  I  asked  him  if  M.  Bravay  was  ex- 
plicitly given  to  understand  that  his  highness  would  have  nothing  to 
do  with  the  vessels  as  a  purchase,  he  said  nothing  could  be  plainer  than 
his  language  in  the  end  of  last  January — a  language  which  he  has  since 
never  had  occasion  to  modify. 


[Inelosure  1  in  No.  194.] 
Memorandum  of  an  intei'view  between  the  Viceroy  and  Mr.  Colquhoun. 

The  following  is  a  statement  of  what  passed  at  an  interview  I  had  with  the  Viceroy 
on  the  12th  instant :  ' 

On  asking  his  highness  to  have  the  kindness  to  state  the  nature  of  the  communica- 
tions which  passed  between  him  and  M.  Bravay,  with  regard  to  the  iron-clad  vessels 
in  course  of  construction  by  Messrs.  Laird  of  Birkenhead,  his  highness  said  that, 
within  a  few  days  of  his  accession,  about  the  last  fortnight  in  January,  M.  Bravay 
presented  himself,  and  informed  his  highness  that  he  had  received  from  the  late  Vice- 
roy, Said  Pasha,  certain  orders  to  execute  ;  the  Viceroy  asked  to  see  the  orders  ;  M. 
Bravay  replied  that  the  orders  were  verbally  given — not  in  writing. 

The  Viceroy  distinctly  declared,  upon  this,  that  he  would  recognize  no  orders  of  his 
predecessor,  as  binding  upon  him,  which  were  not  in  writing. 

I  asked  the  Viceroy  whether,  at  any  of  the  interviews  between  himself  and  M.  Bra- 
vay, the  latter  had  requested  his  highness  to  try  and  dispose  of  his  vessels  for  him  to 
the  Porte.  The  Viceroy  assured  me  most  positively  that  nothing  of  the  kind  had 
taken  place,  and  further,  that  he  never  intimated  to  M.  Bravay  his  pleasure  that  the 
drawings  of  the  vessels  should  be  sent  him.  "No  mention,"  said  his  highness,  "was 
ever  made  of  the  subject ;  it  was  one  which  I  could  never  for  a  moment  have  enter- 
tained." 

No  drawings  of  the  ships,  as  far  as  I  have  been  able  to  ascertain,  were  ever  received 
by  the  Viceroy,  or  by  any  one  in  his  service  on  his  behalf. 

"His  highness  assures  me  he  has  never  addressed  the  Porte  on  the  subject  of  the  sale 
of  the  ships  in  question;  and  that  M.  Bravay,  on  leaving  Egypt,  must  have  known, 
clearly  and  distinctly,  that  he  had  no  hope  of  selling  the  vessels  to  the  Porte  through 
the  agency  of  the  Viceroy,  who  asserts  most  positively  that  there  was  no  ambiguity  in 
the  language  employed  on  the  subject. 

(Signed)  ROBERT  G.  COLQUHOUN. 

Cairo,'  November  16,  1863. 


[Inelosure  2  in  Xo.  194.] 

M.  Bravay  to  Cherif  Pasha. 

Caire  le  20  aoiit  1863. 

Excellence  :  A  la  suite  d'une  conversation  que  j'ai  en  l'honneur  d'avoir  avec  son  Al- 

tesse  Ismail  Pacha,  viceroi  d'£gypte,et  dans  laquelle  elle  a  victorieusement  developpd 

et  soutenu  les  droits  du  gouvernement  egyptien  contre  1' execution  des  ordres  verbaux 

mis  en  vigueur  par  feu  son  altesse  Said  Pacha,  je  viens,  par  la  presente,  vous  declarer 

de  la  maniere  la  plus  formelle  et  la  plus  authentique,  que  je  renonce,  d'ors  et 

[444]     deja,  *a  l'execution  de  tous  les  ordres  verbaux  que  je  puis  ou  pourrais  avoir  en 

cours  d'ex6cution,  me  d6clarant  en  outre  completement  desinteresse  pour  tous 

les  droits  et  actions  nes,  ou  a  naltro,  soit  directement  ou  indirectement. 

La  presente  declarition  est  faite,  comme  j'ai  eu  Phonneur  de  vous  le  dire,  pour 
rendre  un  pur  hommage  a  l'esprit  de  justice  et  d'equite  qui  distingue  son  altesse 
Ismail  Pacha,  viceroi  d'l^gypte  ;  car,  malgre  les  pertes  et  les  dommages  que  me  cause 
la  reconnaissance  du  principe  de  Pinexecution  des  ordres  verbaux,  je  me  trouve  entiere- 
ment  satisfait. 

Pour  donner  en  outre  un  plus  grand  temoignage  de  mes  sentiments   envers  son 
altesse  Ismail  Pacha,  je  me  declare  responsable  et  m'engage  a  repondre  pour  toutes 
reclamations  qui  pourraient  etre  soulevees  par  des  tiers,  au  sujet  des  ordres  verbaux 
qui  peuvent  m'avoir  €t€  donnes  et  auxquels  je  viens  de  renoucer; 
Veuillez,  &c, 
(Signe)  BRAVAY. 


512  TREATY    OF    WASHINGTON. 

Kb.  195. 

Mr.  Colquhoun  to  Earl  Russell 

Cairo,  November  17, 18G3.     (Received  November  27.) 
My  Lord  :  With  reference  to  my  dispatch  of  yesterday's  date,  I  have 
the  honor  to  inform  your  lordship  that  I  have  this  day  had  a  long  con- 
ference with  the  secretary  of  state  for  foreign  affairs. 

To  my  plain  questions,  whether  any  protest  had  been  lodged  by  M. 
Bravay  through  the  French  agency,  or  other  channel,  for  non-fulfillment 
of  the  contracts  given  him  by  the  late  Viceroy  Said  Pasha,  and  de- 
clined to  be  admitted  by  his. highness  Ismail  Pasha?  the  secretary  of 
state  declared  nothing  of  the  kind  had  been  lodged. 
'  Again,  whether  legal  proceedings  of  any  nature  had  been  instituted  ? 
He  replied,  none  whatever  $  adding,  he  should  have  declined  to  admit 
such,  holding  in  his  possession  M.  Bravay's  letter  of  the  20th  August. 
I  have,  &c, 
(Signed)  ROBERT  G.  COLQUHOUN. 


No.  196. 

Messrs.  Laird  Brothers  to  Earl  Russell. 

Birkenhead  Iron- Works, 
Birkenhead,  December  7,  1863.     (Received  December  10.) 

My  Lord  :  We  beg  to  call  your  attention  to  the.present  condition  of 
the  two  steam-vessels  the  El  Tousson  and  the  El  Mounassir,  which 
have  been  removed  by  Captain  Inglefield  from  dock  into  the  river 
Mersey. 

On  Thursday  last  it  blew  a  very  heavy  gale  of  wind  here,  and  several 
large  vessels,  one  of  them  a  large  steamer,  were  driven  from  their 
moorings  within  the  estuary. 

We  understand  that  no  steps  are  as  yet  taken  to  bring  the  rights  of 
the  Crown  before  a  jury,  and  in  the  mean  time  the  vessels  are  exposed 
to  great  risk. 

It  is  a  matter  of  serious  importance  to  us,  as  in  case  the  vessels 
should  be  lost  or  burned  in  the  Mersey  before  we  can  deliver  them  to  the 
owners,  we  shall  be  thereby  prevented  from  completing  our  contract. 

Our  attention  is  more  immediately  called  to  this  subject  by  the  fact 
that  one  of  the  fire-policies  on  the  El  Mounassir  expires  to  day,  and  we 
are  in  doubt  what,  under  the  circumstances,  we  ought  to  do. 

It  is  evident  that  the  vessels  ought  to  be  insured  both  against  sea- 
risk  and  fire,  and  we  shall  be  glad  to  know  whether  Her  Majesty's  gov- 
ernment have  taken  these  precautious  for  the  security  of  the  property, 
and  if  not,  whether  they  intend  to  do  so. 

We  may  further  state  that  we  trust  the  government  have  given  strict 
orders  that  proper  precautious  are  taken  for  the  preservation  of  the 
property  from  the  injury  and  deterioration  it  is  liable  to  from  exposure 
to  the  damp  and  wet  at  this  inclement  season. 
We  are,  &c, 
(Signed)  LAIRD  BROS. 


BRITISH    CASE    AND    PAPERS.  513 

[445]  *No.  197. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  December  10,  1863.  (Received  December  10.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  yon  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  dated  the  7th  instant,  from  Messrs.  Laird,  calling  attention  to 
the  present  condition  of  the  El  Tousson  and  El  Mounassir  steam-rams, 
and  requesting  to  be  informed  whether  the  government  have  taken 
measures  for  insuring  them  against  sea-risk  and  fire,  and  for  preserving 
them  from  injury  and  deterioration  by  exposure  to  damp. 

My  lords  request  to  know  what  answer  should  be  returned  to  Messrs. 
Laird,  observing  that  the  reports  already  sent  from  this  department  to 
the  foreign  office,  particularly  that  contained  in  my  letter  of  the  2d 
November,  will  have  informed  Lord  Russell  of  the  precautions  taken 
by  Captain  Inglefield  for  the  security  of  the  two  vessels. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 

[Inclosure  in  No.  197.] 

Messrs.  Laird  Brothers  to  the  secretary  to  the  admiralty. 

[See  No.  196.] 


No.  198. 

Mr.  Hammond  to  Messrs.  Laird  Brothers. 

Foreign  Office,  December  11, 1863. 
Gentlemen  :  I  am  directed  by  Earl  Russell  to  acknowledge  the  re- 
ceipt of  your  letter  of  the  7th  instant,  which  was  only  received  at  this 
office  on  the  10th,  and  I  am  to  inform  you  that  your  letter  has  been  re- 
ferred to  the  treasury  for  such  directions  as  that  department  may  think 
proper  to  give. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  199. 

4 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  December  11, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  herewith,  for 
such  directions  as  the  lords  commissioners  of  Her  Majesty's  treasury, 
after  consultation  with  the  law-officers  of  the  Crown  may  think  proper 
to  give,  a  copy  of  a  letter  received  yesterday  from  Messrs.  Laird1  call- 
ing attention  to  certain  matters  in  connection  with  the  iron-clads  now 
under  seizure  in  the  Mersey. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

1  No.  193. 
H.  Ex.  282,  vol.  ii 33 


514  TREATY    OF    WASHINGTON. 

.  :nto.  200. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers,  December  17,  18G3. 

(Eeceived  December  17.) 
Sir  :  With  reference  to  your  letter  of  the  11th  instant,  inclosing  copy 
of  a  letter  from  Messrs.  Laird  adverting  to  certain  circumstances  con- 
nected with  the  iron-clad  vessels  under  seizure  by  Her  Majesty's  gov- 
ernment at  Birkenhead,  I  am  commanded  by  the  lords  commissioners 
of  her  Majesty's  treasury  to  transmit  to  you,  for  the  information  of  Earl 
Eussell,  copy  of  an  opinion  which  has  been  obtained  from  the  law- 
officers  of  the  Crown  in  regard  to  the  questions  raised  in  Messrs.  Laird's 

letter. 
[446J        *My  lords  propose,  in  conformity  with  that  opinion,  to  inform 

Messrs.  Laird  tha^it  is  the  intention  of  Her  Majesty's  govern- 
ment that  the  existing  insurances  on  the  steam-vessels  El  Tousson  and  El 
Mounassir  shall  be  kept  up  or  renewed  ad  interim  at  the  cost  of  the 
Crown  and  in  the  name  of  some  person  on  Her  Majesty's  behalf,  who,  if 
Messrs.  Laird  will  agree  to  repay  the  cost  of  such  insurance  in  the  event 
of  the  property  in  the  vessels  being  hereafter  adjudged  to  them,  may 
be  constituted  a  trustee  of  the  policies  for  Her  Majesty,  or  for  such  per- 
son or  persons  as  may  hereafter  be  adjudged  to  be  the  owner  or  owners 
of  the  vessels,  according  to  the  result  of  the  proceedings  which  may  be 
taken  for  the  purpose  of  deciding  on  the  validity  of  the  seizures  j  and 
that,  as  respects  the  precautions  to  be  taken  for  preserving  the  vessels 
from  injury  by  weather,  my  lords  propose  to  inform  Messrs.  Laird  that 
they  have  satisfied  themselves  that  every  possible  precaution  has 
already  been  taken  with  this  view  by  the  naval  officers  in  command  at 
Liverpool,  and  that  no  deterioration  of  any  kind  need  be  anticipated ; 
that  their  lordships  will,  however,  communicate  further  with  the  board 
of  admiralty,  in  order  that  instructions  may  be  issued  for  the  purpose  of 
continuing  such  measures  of  precaution  as  may  be  necessary. 

My  lords  request  to  be  favored  with  Lord  Eussell's  observations  on 
the  proposed  communication  to  Messrs.  Laird  as  soon  as  possible. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  in  No.  200.] 
Cjrinion  of  law-officers  of  the  Crown. 

We  think  that  these  vessels  ought  to  he  kept  insured,  and  that  proper  precautions 
should  be  taken  by  Her  Majesty's  government  to  secure  them  from  receiving  injury 
from  the  weather  or  other  accidents. 

We  should  recommend  that  the  existing  insurances  should  be  kept  up  or  renewed  ad 
interim,  at  the  cost  of  Her  Majesty's  government  and  in  the  name  of  some  person  to  be 
nominated  on  Her  Majesty's  behalf,  who,  if  Messrs.  Laird  will  agree  to  repay  the  cost 
of  such  insurance  in  the  event  of  the  property  in  the  vessels  being  hereafter  adjudged 
to  them,  may  be  constituted  a  trustee  of  the  policies  for  Her  Majesty,  or  for  such  person 
or  persons  as  may  hereafter  be  adjudged  to  be  the  owner  or  owners  of  the  vessels 
according  to  the  result  of  the  proceedings  which  may  be  taken  for  the  purpose  of 
deciding  on  the  validity  of  the  iujuries. 

We  should  recommend  an  answer  in  this  sense  to  be  returned  to  the  letter  of  Messrs. 
Laird. 

(Signed)  ROUNDELL  PALMER. 

R.  P.  COLLIER. 

Lincoln's  Inn,  December  15,  1863. 


BRITISH    CASE    AND    PAPERS.  515 

No.  201. 

Mr.  Hammond  to  Mr.  Hamilton. 

[Pressing.] 

Foreign  Office,  December  18, 1863. 
Sir  :  I  am  directed  by  Earl  Bussell  to  acquaint  you,  for  the  informa- 
tion of  the  lords  commissioners  of  Her  Majesty's  treasury,  that  his  lord- 
ship concurs  in  the  letter  which,  as  stated  in  your  letter  of  yesterday, 
their  lordships  purpose  should  be  addressed,  under  the  advice  of  the 
law-officers  of  the  Crown,  to  Messrs.  Laird's  representation  respecting 
the  insurances  effected  on  the  ironclads  now  under  seizure  at  Liver- 
pool. 

I  am,  &c, 

(Signed)  #  E.  HAMMOND. 


No.  202. 
Mr.  Hamilton  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers, 
December  23,  1863.  (Received  December  23.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to 
[447]    you,  for  the  information  of  *Earl  Russell,  the  inclosed  copy  of  a 
letter,  dated  22d  instant,  from  Messrs.  Laird,  further  respecting 
the  insurance  of  the  iron-clad  vessels  El  Toussou  and  El  Mounassir, 
under  seizure  by  Her  Majesty's  government  at  Birkenhead ;  and  I  am 
to  state  that  my  lords  have  instructed  their  solicitor  to  submit  this  let- 
ter to  the  law-officers  of  the  Crown  for  their  farther  opinion  as  to  the 
steps  to  be  taken  in  the  matter. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

[Inclosure  in  N/o.  202.  | 
Messrs.  Laird  Brothers  to  Mr.  Hamilton.  , 

Birkenhead  Iron- Works, 

Birkenhead,  December  22,  1863. 

Sir  :  We  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  18th  instant, 
stating  that  it  is  the  intention  of  Her  Majesty's  government  to  keep  up  and  renew  ad 
interim  the  insurances  of  the  El  Toussou  and  El  Mounassir  at  the  cost  of  the  public, 
provided  we  will  agree  to  repay  the  cost  of  such  insurances  in  the  event  of  the  property 
in  the  vessels  being  hereafter  adjudged  to  us  according  to  the  result  of  the  proceedings 
which  may  be  taken  for  the  purpose  of  deciding  on  the  validity  of  the  seizures. 

In  reply,  we  beg  respectfully  to  submit  to  you  that  the  condition  we  are  asked  to 
agree  to  is  not  reasonable,  for  not  only  do  the  vessels  incur  marine  risk  by  being  exposed 
in  the  estuary  of  the  Mersey,  which  risk  would  not  have  arisen  if  the  vessels  had 
remained  in  the  docks,  but  the  time  has  expired  during  which  they  would  have  been 
in  our  possession  at  all. 

If  they  had  remained  in  dock  no  marine  insurance  would  have  been  necessary,  and 
if  they  had  not  been  seized  they  would  ere  this  have  been  delivered  to  the  purchasers. 

Under  these  circumstances  we  respectfully  submit  that  the  vessels  should  be  insured 
and  kept  insured  at  the  public  cost  without  any  such  condition  being  imposed  on  us. 


516  TREATY    OF    WASHINGTON. 

We  beg  to  inform  you  that  another  policy  against  fire  for  £20,500  expires  on  the 
24th  instant. 

We  are,  &c., 

(Signed)  LAIRD  BROS. 

P.  S. — Since  writing  the  above,  we  find  that  two  further  policies  against  fire — one 
for  £14,000  and  another  for  £5,000— also  expire  on  the  24th  instant. 

L.  B. 


No.  203. 

Mr.  Peel  to  Mr.  Hammond. 

Treasury  Chambers, 
JDecemoer  29, 18j63.     (Eeceived  December  29.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Eussell,  the  inclosed  copies  of  a  letter  and 
accompanying  report  which  my  lords  have  received  from  the  admiralty 
relating  to  the  preservation  from  injury  of  the  iron-clad  vessels  under 
seizure  at  Birkenhead. 
I  am,  &c, 
(Signed)  E.  PEEL. 


[Inclosure  1  in  No.  203.] 

The  secretary  to  the  admiralty  to  Mr.  Hamilton. 

Admiralty,  December  22, 1863. 
Sir  :  In  reply  to  your  letter  of  the  18th  instant,  I  am  commanded  by  my  lords  com- 
missioners of  the  admiralty  to  transmit  herewith,  for  the  information  of  the  lords  com- 
missioners of  Her  Majesty's  treasury,  a  copy  of  a  letter,  dated  the  21st  instant, 
[448]  from  *  Captain  Inglefield,  of  the  Majestic,  reporting  the  steps  taken  by  him  for 
the  security  of  the  El  Tousson  and  El  Mounassir,  now  under  seizure  at  Liver- 
pool, and  that  he  does  not  consider  it  necessary  to  take  any  further  measures  for  their 
preservation. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[Inclosure  2  in  No.  203.] 
Captain  Inglefield  to  the  secretary  to  the  admiralty. 

Majestic,  Rock  Ferry,  December  21,  1863. 

Sir  :  I  have  the  honor  to  acknowledge  your  letter  of  the  19th  instant,  with  its  three 
inclosures,  copies  of  letters  from  the  treasury,  dated  18th  December,  addressed  to  the 
secretary  of  the  admiralty,  from  Messrs.  Laird,  dated  7th  .December,  and  the  reply 
thereto  from  the  treasury,  dated  8th  December.  I  have  now  to  report,  in  obedience  to 
your  instructions,  that  I  do  not  consider  that  any  other  measures  can  be  adopted 
beyond  those  already  taken  for  the  preservation  of  the  iron-clad  vessels  now  under 
seizure. 

Their  lordships  may  desire  to  be  informed  what  precautions  I  have  adopted  for  this 
purpose.  I  have,  therefore,  to  state  that,  in  the  first  place,  each  vessel  is  secured  at 
moorings,  partly  made  up  by  their  owu  anchors  and  chains  and  partly  by  others  I  have 
hired  from  the  shore  and  supplied  from  this  ship ;  I  have,  moreover,  provided  each 
vessel  with  a  spare  anchor  and  chain,  and  these  are  ready  for  letting  go  at  a  moment's 
notice ;  I  have  had  the  topmasts  struck  of  the  El  Tousson,  the  awnings  of  this  ship 
converted  into  awnings  for  that  vessel,  and  canvas-coats  made  for  the  turrets,  to  pre- 
vent the  rain  from  leaking  down  from  the  upper  decks  to  the  decks  below  through  the 
apertures  in  which  these  turrets  work  ;  a  hood  has  been  fitted  for  the  funnel,  and  the 


BRITISH    CASE    AND    PAPERS.  517 

boats  have  been  hoisted  on  board  and  are  not  on  any  account  allowed  to  be  used ;  the  en- 
gines are  moved  every  day  and  kept  continually  oiled,  and  portions  have  been  painted ; 
both  ships  are  constantly  pumped  out,  and  I  have  caused  all  the  unfinished  iron- work  in 
both  vessels  to  be  thoroughly  coated  with  red-lead  paint.  The  El  Tousson  has  a  small 
fire  lit  every  day  in  one  of  the  ash-pits,  to  keep  the  boilers  and  flues  aired,  and  that  ship 
has  been  painted  outside.  A  lieutenant,  marine  officer,  seven  marines,  and  twenty 
blue-jackets  live  on  board  and  keep  the  ship  clean. 

The  El  Mounassir  not  being  in  a  condition  for  men  to  live  on  board,  the  officer  in 
command  of  the  gunboat  Goshawk  has  been  put  in  entire  charge,  and  that  vessel  is 
lashed  alongside  (with  her  fires  banked)  when  the  weather  permits,  and  when  obliged 
to  haul  off  three  men  are  left  on  board  the  iron-clad,  to  be  ready  to  let  go  an  anchor  in 
case  of  need,  or  to  do  what  may  be  necessary  in  event  of  collision.  The  hatchways 
and  openings  in  the  decks  of  the  El  Mounassir  are  housed  in,  all  the  bolt-holes  have 
been  plugged  up  in  the  deck,  and  the  unfinished  bitt  and  timber  heads  have  been 
capped  with  sheet-lead  ;  all  the  screw-cut  holes  in  each  vessel  left  unfinished  and  liable 
to  rust  have  had  melted  tallow  poured  into  them.  I  have  only  further  to  state  that  I 
have  not  allowed  any  of  the  coals  or  stores  left  on  board  by  the  Messrs.  Laird  to  be 
used  for  the  purposes  named,  everything  having  been  sent  from  this  ship.  I  have 
made  Mr.  Weeks,  the  chief  engineer,  responsible  to  me  for  the  condition  of  the  engines 
and  boilers,  and  I  frequently  inspect  both  vessels.  I  may  conclude  by  remarking  that 
the  vessels  are  much  cleaner  and  in  far  better  order  than  when  I  took  charge  of  them, 
and  that  every  precaution  has  been  observed  to  guard  against  fire  or  collision. 

I  have,  &c, 

(Signed)  E.  A.  INGLEFIELD. 


No.  204. 
Mr.  Hamilton  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers, 
January  13,  1864.     (Keceived  January  13.) 
Sir:  With  reference  to  previous  correspondence  on  the  subject  of  the 
iron-clad  vessels  under  seizure  by  Her  Majesty's  government  at  Birken- 
head, I  am  commanded  by  the  lords  commissioners  of  Her  Majes- 
[449]    ty's  treasury  to  transmit  to  you  the  inclosed  eopy  *  of  an  applica- 
tion which  my  lords  have  this  day  received  from  Messrs.  Laird, 
requesting  permission  to  have  these  vessels  removed  from  their  present 
position  and  placed  in  the  Birkenhead  public  docks,  and  further  request- 
ing to  be  allowed  to  complete  the  vessels. 

I  inclose  a  plan  received  from  Messrs.  Laird,  showing  the  present  po- 
sition of  the  ships  and  the  spot  to  which  it  is  proposed  to  remove  them ; 
and  I  am  to  request  that  you  will  move  Earl  Kussell  to  inform  my  lords 
what  reply  should  be  made  to  Messrs.  Laird. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Tnclosure  in  No.  204.] 

/  Messrs.  Laird  Brothers  to  Mr.  Hamilton. 

Birkenhead  Iron- Works, 

Birkenhead,  January  12,  1864. 
Sir  :  From  communications  which  have  passed  between  our  solicitors  and  those 
of  the  government  in  the  case  of  the  El  Tousson  and  El  Mounassir,  it  would  appear 
that  the  trial  may  not  come  on  for  a  considerable  time,  and  consequently  the  vessels 
wjll  have  to  remain  in  their  present  exposed  position,  unless  some  other  arrangement 
can  be  made  with  the  government. 

Were  the  vessels  finished,  there  would  be  much  less  risk  of  their  receiving  damage 
than  in  their  present  unfinished  and  unprotected  state. 


518  TREATY    OF    WASHINGTON. 

We  therefore  think  it  desirable  to  make  the  following  proposals  to  the  govern- 
ment, namely,  that  the  vessels  should  he  moved  into  the  Birkenhead  public  docks,  and 
placed  at  the  top  end  of  the  great  float,  about  a  mile  from  the  entrance,  the  govern- 
ment retaining  possession,  by  an  armed  force  or  otherwise,  as  they  may  think  requisite, 
so  that  we  may  be  able  to  complete  our  contract,  which  we  are  desirous  of  doing, 
although  the  value  of  the  additional  fittings  we  should  put  on  board  would  be  very 
considerable.  i 

In  the  event  of  the  government  proving  their  right  to  retain  the  vessels  they  will, 
if  our  proposal  be  agreed  to,  be  in  a  much  more  perfect  state.  On  the  other  hand, 
should  the  government  not  succeed,  the  vessels  will  be  sooner  ready  for  delivery  by  us 
to  the  owners,  and  consequently  any  claim  for  damages  against  the  government  would 
be  reduced. 

These  proposals  are  made  without  prejudice -to  any  legal  proceedings  Messrs.  A. 
Bravay  &  Co.,  or  ourselves,  may  be  advised  to  take  for  obtaining  compensation  in 
this  matter,  and  being  advantageous  to  Her  Majesty's  government  we  hope  they  will 
accede  to  them. 

We  desire  further  to  add  that  we  have  no  hesitation  in  saying  these  vessels  will 
be  much  more  secure  in  the  great  float  than  they  now  are  in  the  river  Mersey  ;  and 
in  support  of  this  opinion  we  inclose  a  plan,  showing  where  the  vessels  are  at  present 
moored  and  where  we  propose  to  have  them  placed. 
We  are,  &c, 
(Signed)  LAIED  BROS. 

The  plan  inclosed  indicates  the  various  positions  of  the  vessels  El  Tousson  and  El 
Mounassir,  as  follows : 
1  Situation  in  the  Birkenhead  docks,  where  the  El  Tousson  was  lying  when  seized. 

2.  Messrs.  Laird  Brothers'  dock,  where  the  El  Mounassir  was  lying  when  seized. 

3.  Present  position  of  the  El  Tousson  and  El  Mounassir  in  the  river  Mersey. 

4.  Situation  in  Birkenhead  public  dock,  where  it  is  proposed  by  Laird  Brothers' 
letter  of  12th  January  to  place  the  vessels  for  completion. 


[450]  *No.  205. 

Mr.  Hammond  to  Mr.  Hamilton. 

[Immediate.] 

Foreign  Office,  January  14, 1864. 

Sir  :  I  have  laid  before  Earl  Kussell  your  letter  of  yesterday's  date, 
inclosing  a  copy  of  a  letter  from  Messrs.  Laird,  requesting  that  they  may 
be  allowed  to  move  the  El  Tousson  and  the  El  Mounassir  from  their  present 
moorings  in  the  Mersey  into  the  dock  at  Birkenhead,  in  order  that  they 
may  complete  the  construction  of  those  vessels;  and  I  am,  in  reply,  to 
request  that  you  will  state  to  the  lords  commissioners  of  Her  Majesty's 
treasury  that  Lord  Bussell  considers  that  Messrs.  Lairds'  application 
should  not  be  complied  with. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  206. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
January  26, 1864.     (Received  January  26.) 
Sir  :  With  reference  to  former  correspondence  on  the  subject  of  the 
iron-clad  vessels  under  seizure  by  Her  Majesty's  government  at  Liver- 


BRITISH    CASE    AND    PAPERS.  519 

pool,  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  consideration  of  Earl  Russell,  the 
inclosed  copy  of  a  letter  from  Messrs.  Laird  Brothers,  renewing  their 
request  for  permission  to  finish  the  ships  El  Tousson  and  El  Mounassir. 

I  am,  &c, 

(Signed)    '  GEO.  A.  HAMILTON. 


[Incisure  in  Xo.  206.J 

Messrs.  Laird  Brothers  to  Mr.  Hamilton. 

Birkenhead  Iron-Works, 
Birkenhead,  January  25, 1864. 

Sir:  "We  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  14th 
instant,  refusing  us  permission  to  finish  the  ships  El  Tousson  and  El  Mounassir,  and 
also  of  your  letter  of  the  20th  instant,  stating  that  the  lords  of  the  treasury  will 
provide  in  the  manner  they  may  cousider  requisite  against  the  risks  of  fire  and  other 
damage. 

If  this  decision  ahout  completing  the  ships  he  adhered  to,  we  shall  he  prevented, 
for  an  indefinite  period,  from  completing  our  contract,  and,  consequently,  be  kept  out 
of  a  very  large  sum  of  money  which  will  be  due  to  us,  and  which  the  owners  are  ready 
to  pay  to  us  as  soon  as  the  vessels  are  so.  completed  and  delivered  to  them  in  the  port 
of  Liverpool. 

As  stated  in  our  former  letter,  we  are  perfectly  satisfied  that  the  government 
should  retain  possession,  by  an  armed  force  or  otherwise,  as  they  may  think  requisite, 
until  the  legal  proceedings  now  pending  are  terminated,  or  some  other  settlement  of 
the  question  arrived  at. 

Taking  all  these  circumstances  into  consideration,  we  trust  that  their  lordships  may 
see  reason  to  alter  their  decision  and  agree  to  the  proposal  contained  in  our  letter  of 
the  12th  instant. 

In  the  mean  time  we  beg  to  call  the  attention  of  the  lords  of  the  treasury  to  the  fact 
that,  though  it  is  now  several  months  since  the  vessels  were  seized,  yet  no  steps  have  as 
yet  been  taken  to  bring  the  matter  to  a  legal  decision,  although  our  attorney*  have 
repeatedly  pressed  the  course  on  the  law-advisers  of  the  Crown. 
We  are,  &c, 
(Signed)  LAIRD  BROS. 


[451]  *Xo.  207. 

Mr.  Hammond  to  Mr.  Hamilton. 

[Immediate.] 

Foreign  Office,  February  2, 1864. 
Sir  :  I  am  directed  by  Earl  Eussell  to  state  to  yon,  for  the  information 
of  the  lords  commissioners  of  Her  Majesty's  treasury,  that  he  referred 
to  the  law-advisers  of  the  Crown  your  letter  of  the  26th  ul timo,  respect- 
ing the, iron-clads  now  under  seizure  at  Birkenhead,  and  has  been  in- 
formed, in  reply,  that  an  information  will  be  filed  in  this  case  in  a  few 
days,  and  that  it  may  be  necessary  to  send  a  commission  abroad  for  the 
purpose  of  collecting  evidence. 

I  am  to  add  that  his  lordship  is  of  opinion  that  Her  Majesty's  govern- 
ment cannot  permit  the  vessels  to  be  completed. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


520  TREATY    OF   WASHINGTON. 

MTO.  208. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
February  4,  1864.    (.Received  February  4.) 
Sir:  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  acquaint  you,  for  the  information  of  Earl  Kussell,  that,  in 
accordance  with  the  opinion  expressed  by  his  lordship  in  your  letter  of 
2d  instant,  my  lords  have  informed  Messrs.  Laird  that  Her  Majesty's 
government  cannot  consent  to  the  completion  of  the  iron-clad  steam- 
vessels  under  seizure  at  Birkenhead. 
I  am,  &c,     • 
(Signed)  GEO.  A.  HAMILTON. 


No.  209. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
February  4, 1864.    (Eeceived  February  4.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  consideration  of  Earl  Eussell,  the  inclosed  copy  of  a  letter,  dated 
3d  instant,  from  Messrs.  Laird,  urging  the  propriety  of  bringing  before 
a  jury,  at  an  early  period,  the  case  of  the  iron-clad  vessels  built  by  them, 
and  now  under  seizure  by  Her  Majesty's  government. 
*  I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  in  No.  209.] 

Messrs.  Laird  Brothers  to  Mr.  Hamilton. 

Birkenhead  Iron- Works, 
Birkenhead,  February  3,  1864. 
Sir  :  We  are  in  receipt  of  your  letter  of  the  2d  instant,  in  which  you  inform  us  that 
Her  Majesty's  government  cannot  permit  the  iron-clad  vessels  built  in  our  yard  and 
now  under  seizure  to  be  completed. 

We  beg,  however,  to  call  your  attention  to  the  fact  that  no  information  has  yet  been 
afforded  to  us  in  reply  to  our  repeated  requests  to  know  when  the  legal  proceedings  in 
the  court  of  exchequer  will  be  brought  to  trial  before  a  jury. 

We  are  informed  by  our  legal  advisers  that  they  have  repeatedly  pressed  this  matter 
on  the  attention  of  the  law-officers  of  the  Crown,  but  are  unable  to  obtain  any  satis- 
factory information,  although  the  case  might  have  been  brought  to  trial  in  November 
last  or  in  January  last. 

We,  therefore,  feel  ourselves  entitled  to  urge  upon  Her  Majesty's  government  the 
propriety  of  their  at  once  informing  us  as  to  the  time  when  they  purpose  to  bring  this 

matter  to  trial.  , 

[452]      *It  must  be  apparent  that  this  continued  delay  in  bringing  the  matter  to  a 
legal  issue  is  an  act  of  injustice  to  ourselves  and  to  the  owners  of  the  ships. 
We  are.  &c, 
(Signed)  LAIRD  BROS. 


BRITISH    CASE    AND    PAPERS.  521 

No.  210. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  February  6, 1864. 
Sir  :  I  ani  directed  by  Earl  Eussell  to  acknowledge  the  receipt  of  your 
letter  of  the  4th  instant,  inclosing  a  copy  of  a  further  letter  from  Messrs. 
Laird  Brothers, 'requesting  to  know  when  the  legal  proceedings  in  the 
court  of  exchequer,  with  regard  to  the  iron-clads  now  under  seizure  at 
Birkenhead,  will  be  brought  to  trial  before  a  jury;  and,  in  reply,  I  am  to 
request  that  you  will  state  to  tHe  lords  commissioners  of  Her  Majesty's 
treasury  that  the  only  information  which  Lord  Eussell  can  give  to  their 
lordships  on  this  subject  is  contained  in  my  letter  of  the  2d  instant,  in 
which  I  communicated  to  you  the  answer  which  his  lordship  had  received 
from  the  law-officers  of  the  Crown,  in  reply  to  a  previous  inquiry  made 
by  Messrs.  Laird. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  211. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  March  16, 1864.  (Received  March  17.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
request  you  will  state  to  Earl  Eussell  that  they  have  had  under  their 
consideration  the  offer  of  Mr.  Bravay  for  the  sale  of  the  El  Tousson  and 
El  Mounassir  for  the  sum  of  £300,000.  My  lords  have  had  the  ships 
carefully  surveyed  and  valued,  and  they  find  the  price  put  upon  them 
by  M.  Bravay  so  much  beyond  thefr  value  that  they  are  unable  to  enter 
into  any  negotiation  for  their  purchase  upon  such  terms. 

I  am,  &c, 

(Signed)  W.  G.  EOMAINE. 


No.  212. 
Mr.  Hammond  to  Mr.  Hamilton. 

[Immediate.] 

Foreign  Office,  March  17, 1864. 
Sir:  I  have  laid  before  Earl  Eussell  your  letter  of  yesterday's  date, 
stating  that  the  lords  of  the  admiralty  are  unable  to  enter  into  any  ne- 
gotiation with  M.  Bravay  for  the  purchase  of  the  El  Tousson  and  El 
Mounassir  upon  the  terms  offered  by  him ;  and  I  am,  in  reply,  to  beg 
that  you  will  convey  to  their  lordships  Lord  EusselFs  request  that  they 
will  not  refuse  to  enter  upon  the  negotiation  until  he  has  submitted  the 
matter  to  the  cabinet. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


522  TREATY    OF    WASHINGTON. 

No.  213. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  March  18, 1864.    (Received  March  19.) 
Sir:  In  reply  to  your  letter  of  tlie  17th  instant,  in  regard  to  the  ex- 
pediency of  submitting  the  question  of  the  purchase  of  the  El  Tousson 
and  El  Mounassir  for  the  decision  of  the  government,  I  am  commanded 
by  my  lords  commissioners  of  the  admiralty  to  request  you  will  state  to 
Earl  Russell  that  their  lordships  will  await  a  further  communication 
from  his  lordship  before  proceeding  in  the  matter. 
t  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


[453]  *^°.  214. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

[Immediate.] 

Admiralty^,  March  21,  1864.     (Received  March  21.) 
Sir  :  In  reply  to  your  letter  of  this  day's  date,  I  am  commandetl  by 
my  lords  commissioners  of  the  admiralty  to  transmit,  in  accordance 
with  the  request  of  Earl  Russell,  copies  of  all  the  correspondence 
which  has  taken  place  between  the  admiralty  and  Mr.  Bravay  in  regard 
to  the  disposal  of  the  El  Tousson  and  El  Mounassir. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


Ilnclosure  1  in  No.  214.] 
Messrs.  Bravay  $•  Co.  to  the  lords  commissioners  of  the  treasury. 

6  Rue  de  Londres,  Paris,  le  14  fevrier  1864. 

Milords:  Nous  prenons  la  liberty  d'adresser  les  observations  suivantes  au  gou- 
vernement de  Sa  Majeste  a  l'occasion  des  deux  navires  a  vapeur  actuelleinent  en  conrs 
de  construction  pour  votre  compte  cbez  MM.  Laird  Bros.,  a  Birkenhead,  et  dont  le 
gouvernement  a  cru  devoir  ope^rer  la  saisie. 

Nous  avons  recu  dernierement  des  offres  tres  avautageux  deplusieursgouvernements 
europ6ens  pour  l'achat  de  ces  navires,  mais  le  gouvernement  de  Sa  Majesty  ayant  cru 
pouvoir  s'opposer  a  la  simple  visite  des  navires,  toutes  les  n6gociations  relatives  a  une 
vente  ont  6t6  malbeureusement  rompues. 

Nous  d6sirons  naturellement  sortir  promptement  de  la  position  tres  seriensement 
pr^judiciable  qui  nous  est  faite  par  le  gouvernement  de  Sa  Majeste.  En  consequence, 
nous  prenons  le  part  de  lui  proposer  a  lui-meme  devenir  l'acbeteur  des  navires.  Si  le 
gouvernement  de  Sa  Majeste  voulait  accepter  cette  proposition,  Pe'tat  actuel.  et  regret- 
table de  cette  affaire  cesserait  a  l'instant  meme  ;  le  gouvernement  de  Sa  Majeste"  serait 
ainsi  d6gag6  de  toutes  les  reclamations  tres  considerables  que  nous  aurons  plus  tard  a 
lui  adresser  pour  les  dommages  et  pertes  tres  se"rieuses  qui  nous  ont  e"t6  causes. 

Nous  faisons  cette  proposition  en  re"ciprocite"  d'une  proposition  pareille  que  le  gou- 
vernement nous  a  faite  en  septembre  dernier,  et  que  nous  ne  pouvions  alors  accepter,  a 
cause  de  notre  position  et  de  nos  engagements  vis-a-vis  du  gouvernement  egyptien. 
Mais  maintenant  la  situation  etant  cbaug^e  et  ayant  la  libre  disposition  des  navires, 
nous  avons  juge"  convenable  de  presenter  cette  proposition  au  gouvernement  de  Sa 
Majeste. 

Nous  avons  l'espoir  sincere  que  le  gouvernement  ne  refusera  pas  legerement  cette 
proposition,  qui  le  degagera  des  resultats'  serieux  qui  seraient  la  consequence  de  la 
continuation  des  proddls  actuels  et  qui  fera  disparaltre  la  cause  presumee  des  procedes 
en  question. 

Veuillez,  &c.^ 

(Signe)  W  A.  BRAVAY  et  CIE. 


BRITISH    CASE    AND    PAPERS.  523 

[Inclosure  2  in  No.  214.] 

The  secretary  to  the  admiralty  to  Messrs.  JBravay  §  Co. 

Admiralty,  February  19,  1864. 
Gentlemen  :  Having  laid  before  my  lords  commissioners  of  the  admiralty  your  let- 
ter of  the  14th  instant,  offering  two  vessels,  built  by  Messrs.  Laird,  of  Birkenhead, 
for  sale  to  Her  Majesty's  government,  I  am  commanded  by  their  lordships  to  acquaint 
you  that  they  cannot  enter  into  any  negotiation  for  the  purchase  of  these  vessels  until 
they  shall  have  been  carefully  examined  by  competent  persons  and  reported  fit  for  Her 
Majesty's  service,  and  until  they  have  been  informed  what  price  you  demand  for  them. 
I  am  further  to  acquaint  you  that  my  lords  will  order  an  examination  of  the  vessels 
to  be  made,  and  they  will  be  glad  to  learn  from  you  the  terms  on  which  you  are  pre- 
pared to  offer  these  vessels  to  Her  Majesty's  government. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[454]  [Inclosure  3  in  No.  214.] 

Messrs  Bravay  Sr  Co.  to  the  lords  commissioners  of  the  treasury. 

Paris,  ce  25  fevrier  1864. 
Milords  :  Nous  avons  recu, messieurs,  la  lettre  que  vous  nous  avez fait l'honneur  de nous 
6crire  le  19  courant,  et  nous  verrons  avec  plaisir  que  les  personnes  charge'es  de  vous 
faire  un  rapport  sur  les  dits  navires  les  trouvent,  apres  examen,  propres  au  service  de 
Sa  Majeste". 

Des  que  nous  aurons  regu  communication  de  votre  decision  nous  vous  ferons  con- 
naifcre,  milords,  le  prix  de  ces  navires. 

Nous  vous  prions  de  faire  suivre  cette  affaire  avec  la  plus  grande  activity,  car  nous 
recevons  tons  les  jours  des  offres  de  divers  gouvernements. 
Recevez,  &c, 
(Signe)  A.  BRAVAY  et  CIE. 


[Inclosure  4  in  No.  214.) 
The  secretary  to  the  admiralty  to  Captain  Inglefield. 

Admiralty,  February  20, 1864. 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to  acquaint  you 
that,  an  offer  having  been  made  by  Messrs.  Bravay  to  sell  the  two  steam-rams  to 
the  government,  before  entering  into  any  negotiation  they  are  desirous  of  ascertaining, 
by  a  preliminary  examination,  bow  far  the  vessels  are  calculated  to  be  of  use  to  the 
navyj  and  their  lordships  have  directed  the  comptroller  to  send  down  to  Liverpool,  on 
Tuesday,  the  23d  instant,  experienced  shipwright  and  engineer  officers,  who  will  be 
accompanied  by  a  gunnery  officer.  These  officers  will  be  directed  to  communicate 
with  you,  and,  under  your  superintendence,  to  examine  the  vessels  as  far  as  their 
present  state  will  admit,  and  to  furnish  my  lords  with  a  joint  report— 

1.  On  the  arrangements  and  fitness  of  the  vessels  for  ships  of  war,  as  cruisers,  or  for 
harbor  defense. 

2.  The  probable  character  of  the  vessels  as  sea-boats,  and  their*  estimated  speed. 

3.  Their  power  of  resisting  shot. 

4.  The  nature  of  the  armament  they  could  advantageously  carry. 

5.  The  accommodation  for  officers  and  men  they  afford  and  the  complement  they 
would  require  as  sea-going  ships  or  as  harbor-ships. 

6.  The  nature  of  the  rig  proposed  and  its  probable  advantages  or  disadvantages. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[Inclosure  5  in  No.  214.] 

The  secretary  to  the  admiralty  to  Commander  Singer,  B.  N. 

[Confidential.] 

Admiralty,  February  20,  1864. 

Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to  proceed  to 
Liverpool  on  Tuesday  next,  the  23d  instant,  and  to  communicate  with  Captain  In- 


524  TREATY^OF    WASHINGTON. 

glefield,  of  the  Majestic,  under  whose  superintendence  you  will,  in  conjunction  with 
a  shipwright  and  engineer  officer,  examine  the  two  steam-rams  at  that  place  and 
furnish  a  joint  report,  firstly,  on  the  arrangements,  &c,  as  in  letter  to  Captain  Ingle- 
field. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[455  J  *[Inclosure  6  in  No.  214.] 

The  secretary  to  the  admiralty  to  Messrs.  Bravay  4"  Co.  ' 

Admiralty,  February  29,  1864. 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded  by  the  lords  com- 
missioners of  the  admiralty  to  acquaint  you  that  they  have  caused  the  steamships  El 
Mounassir  and  El  Tousson  to  be  examined,  and  their  lordships  are  unable  to  take  any 
further  steps  respecting  them  until  they  are  made  acquainted  with  the  prices  to  be 
asked  for  these  ships. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


[Inclosure  7  in  No.  214.] 
Messrs.  Bravay  Sr  Co.  to  the  lords  commissioners  of  the  admiralty. 

Paris,  le  8  mars  1864. 
Milords  :  Nons  avons  en  notre  possession  la  lettre  que  vous  nous  avez  fait  Phon- 
neur  de  nous  ecrire,  en  date  du  29  fe"vrier  passe",  par  laquelle  vous  nous  preVenez  que 
leurs  seigneuries,  apres  avoir  fait  examiner  les  navires,  ne  peuvent  prendre  de  nou- 
velles  mesures  tant  qu'elles  ne  sauront  pas  le  prix  demandl  pour  ces  navires.  Nous 
esp6rons  vous  fixer,  milords,  a  cet  egard  anssitdt  que  nous  connaitrons  de  MM.  Laird 
Brothers,  a  Birkenhead,  les  constructeurs  des  navires,  la  quotitC  de  leurs  reclamations 
pour  les  dommages  qui  leur  out  6t6  cause's  par  Fembargo. 

Veuillez,  &c, 

(Signe")  A.  BRAVAY  et  CIE. 


[Inclosure  8  in  No.  214.] 
Messrs.  Bravay  #  Co.  to  the  lords  commissioners  of  the  admiralty. 

Paris,  le  11  mars  1864. 
Milords  :  Vous  confirmant  notre  lettre  du  8  mars,  nous  avons  Fhonneur  de  vous  dire 
que  nous  sommes  disposes  a  vous  vendre  les  deux  navires,  (El  Tousson  and  El  Mounas- 
sir,) acheve"s  selon  la  specification  cahier  des  charges  de  notre  contrat,  sous  lesquelles 
MM.  Laird  Brothers  les  construisent  pour  nous  a  Birkenhead. 

Le  prix  auquel  nous  sommes  disposes  a  negocier  la  vente  de  ces  navires,  ainsi  ache- 
v6s,  est  de  £300,000  sterling,  soinme  inferieure  au  prix  que  des  repre"sentants  d'autres 
gouvernements  europeens  nous  ont  deja  offert. 

(Sign6)  A.  BRAVAY  et  CIE. 


No.  215. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

[Immediate.] 

Admiralty,  March  24, 1864.   (Received  March  25—5  p.  m.) 
Sir  :  In  reference  to  M.  Bravay's  otfer  to  sell  for  £300,000  the  two 
iron-cased  vessels  built  by  Messrs.  Laird,  of  Birkenhead,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  request  that  you 
will  state  to  Earl  Russell  that  my  lords  propose  to  inform  M.  Bravay 


BRITISH    CASE    AND    PAPERS.  525 

that  they  find  the  price  named  for  these  vessels  so  extravagant  that 
they  see  no  advantage  in  carrying  on  any  negotiation  on  such  terms* 
and  that  it  has,  therefore,  become  unnecessary  for  them  to  apply  to  the 
lords  commissioners  of  the  treasury  to  ascertain  whether  their  lordships 
would  be  willing,  on  any  terms,  to  waive  or  compromise  the  claims  of 
the  Crown  to  these  vessels,  as  forfeited  under  the  foreign- enlistment 
act. 

In  communicating  this  decision  to  M.  Bravay  my  lords  propose  to  add 
that  they  have  understood  the  whole  correspondence  from  the  begin- 
ning to  be  without  prejudice  to  the  claims  of  either  party  in  the 
[456]    pending  litigation.    Her  Majesty's  government  are  #prepared,  as 
M.  Bravay  is  aware,  to  justify,  in  law,  the  seizure  which  they  have 
effected,  and  deny  the  existence  of  any  legal  title  in  M.  Bravay  or  Mr. 
Laird  as  against  the  seizure  which  has  been  effected,  and  a  fortiori  any 
claim  for  damages  on  the  part  of  either  firm. 
I  am,  &c, 
(Signed)  W.  G.  KOMAINE. 


No.  21G. 

The  secretary  to  tlie  admiralty  to  Mr,  Hammond. 

Admiralty,  May  5, 1864.  (Eeceived  May  6.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  transmit  to  you  the  accompanying  copy  of  a  letter,  dated  the  4th 
instant,  from  Messrs.  Bravay,  in  regard  to  the  purchase  by  Her  Maj- 
esty's government  of  the  steam-rams  El  Tousson  and  El  Mounassir. 

My  lords  request  you  will  state  to  Earl  Russell  that  they  are  prepared 
to  pay  the  sum  of  £195,000  for  the  ships  as  they  now  are,  and  an  addi- 
tional sum  of  £25,00d  to  Messrs.  Laird  if  the  vessels  are  completed 
according  to  the  original  specification. 
I  am,  &c, 
(Signed)  W.  G.  BOMAINE. 

[In  closure  in  ISo.  216.1 
Messrs.  Bravay  $•  Co.  to  the  lords  commissioners  of  the  admiralty. 

Paris,  le  3  mat  1864. 

Milords  :  Nous  avotis  l'honneur  de  vous  accuser  reception  de  votre  honore*e  du  30 
mars,  par  laquelle  vous  nous  informez  que  le  prix  demands  pour  les  navires  El  Tousson 
et  El  Mounassir  est  teilement  extravagant  queleursseigneuries  ne  voient  aucun  avan- 
tage  a  continuer  les  n6gociations  sur  ce  sujet.  Nous  avons  communiqud  son  contenu 
a  M.  Francois  Bravay,  notre  mandant  actuellement  en  £gypte,  et  nous  sommes  auto- 
rise's  a  vous  dire  en  reponse  qu'en  fixant  ce  prix  nous  6tions  determines  par  des  offres 
que  nous  avions  deja  recus  d'autres  gouvernements  europ6ens  pour  l'achat  des  deux 
navires ;  qu'en  outre,  il  ne  faut  pas  oublier  que  nous  offrons  de  vendre  les  navires  tout- 
a-fait  finis,  et  prets  a  prendre  la  mer,  selon  notre  convention  avec  Messrs.  Laird  Broth- 
ers, prenant  ainsi  pour  notre  compte  le  cout,  tres-considerable  et  additionnel,  occasionne* 
par  l'arr^t  des  travaux  resultant  de  la  saisie  ;  ce  cout  est  tres-sensiblement  augments 
par  la  hausse  qui  est  survenue  dans  le  prix  de  materiel  et  de  travail ;  de  plus,  comme 
les  vaisseaux  sont  tres-avance's,  et  peuvent  6tres  finis  en  tres-peu  de  temps,  ils  ont  pour 
cette  cause  une  plus  grande  valeur  que  des  vaisseaux  dont  on  devrait  commencer  la 
construction. 

Cependant,  comme  nous  de"sirons  vivement  mettre  fin  a  l'etat  actuel  de  Paffaire,  ce 
qui  nous  a  emmene'  a  faire  la  proposition  de  vente  au  gouvernement  de  sa  majesty 
nous  sommes  disposes  a  nous  soumettre  a  une  reduction  sur  le  prix  que  nous  avons 


526  '    TREATY    OF   WASHINGTON. 

demanded  et  nous  venons,  avec  le  plus  grand  respect,  proposer  que  le  gouvernement  de 
sa  majestd  nous  communique  ses  idees  sur  le  prix  qu'il  vbudrait  nous  donner. 
Dans  l'attente  d'une  rdponse  nous  vous  prions  d'agr6er,  &c, 
(SignC)  A.  BRAVAY  et  CIE. 


No.  217. 

Mr.  Layard  to  Mr.  Hamilton. 

Foreign  Office,  May  7, 1864. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  to  be  laid  be- 
fore the  lords  commissioners  of  Her  Majesty's  treasury,  copies  of  a  let- 
ter and  its  inclosures  from,  the  admiralty,  relative  to  the  proposed 
purchase  by  Her  Majesty's  government  of  the  ironclads  now  under 
detention  at  Birkenhead;1  and  I  am  to  request  that  you  will  state  to 
their  lordships  that  Lord  Russell  is  of  opinion  that  their  solicitor  may 

inform  Messrs.  Laird  that  Her  Majesty's  government  will  give 
[457J    the  sums  of  £195,000  and  *£25,000,  as  specified  by  the  board  of 

admiralty, for  the  ironclads  completed.  Lord  Russell  considers 
that  this  price  ought  to  satisfy  M.  Bravay  and  the  Messrs.  Laird,  and 
put  an  end  to  all  dispute. 

I  am,  &c, 

(Signed)  .  A.  H.  LAYARD. 


No.  218. 
Mr.  Hamilton  to  Mr.  Layard. 

Treasury  Chambers,  May  10, 1864.    (Received  May  10.) 

Sir  :  With  reference  to  your  letter  of  the  7th  instant,  I  am  com- 
manded by  the  lords  commissioners  of  Her  Majesty's  treasury  to  trans- 
mit to  you  the  inclosed  draught  of  a  letter  which  their  lordships  propose 
to  address  to  their  solicitor,  conveying  to  him  instructions  as  to  the  ne- 
gotiations with  M.  Bravay  in  regard  to  the  purchase  by  Her  Majesty's 
government  of  the  steam-vessels  El  Tousson  and  El  Mounassir,  under 
seizure  by  Her  Majesty's  government ;  and  I  am  to  request  that  you 
will  lay  the  same  before  Earl  Russell  and  will  ascertain  whether  it  has 
the  approval  of  his  lordship. 

I  am  to  state  that,  since  the  date  of  your  letter,  Mr.  Greenwood  has 
been  in  communication  with  the  attorney  and  solicitor  general,  and 
that  the  draught  instructions  have  been  framed  in  accordance  with  their 
views. 

Earl  Russell  will  observe  that  it  is  proposed  that  the  communication 
by  the  solicitor  of  the  decision  of  Her  Majesty's  government,  as  regards 
the  price  to  be  paid  for  these  vessels,  shall  be  addressed  to  Messrs. 
Laird  and  Bravay  jointly. 

I  am  to  add  that  my  lords  assume,  from  the  admiralty  letter  of  5th 
instant,  that  that  board  is  prepared  to  pay  the  money  offered  to  Messrs. 
Laird  and  Bravay  out  of  parliamentary  funds  at  their  disposal. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

• " 1 ■ ' ' _______ — , — 

1  No.  216. 


BRITISH    CASE    AND    PAPERS.  527 

[Inclosure  in  No.  218.] 
Draught  of  letter  to  Mr.  Greenwood. 

Treasury  Chambers,  May,  1864. 

Sir:  With  reference  to  previous  correspondence,  I  am  Commanded  by  the  lords 
commissioners  of  Her  Majesty's  treasury  to  transmit  to  you  the  inclosed  letter  from 
the  foreign  office,  dated  7th  instant,  with  a  letter  from  the  secretary  to  the  admiralty, 
dated  5th  instant,  in  which  it  is  stated  that  the  lords  commissioners  of  the  admiralty 
are  prepared  to  pay  £195,000  for  the  steam-rams  El  Tousson  and  ElMounassir,  as  they 
now  stand,  and  an  additional  sum  of  £25.000  to  Messrs.  Laird,  if  the  vessels  are  com- 
pleted according  to  the  original  specification. 

I  also  transmit  a  letter  on  this  subject  from  M.  Bravay,  dated  Paris,  4th  May. 

Their  lordships  desire  me  to  instruct  you  to  observe  to  the  claimants  that  M.  Bra- 
vay's  letter  of  4th  instant  to  the  lords  of  the  admiralty  has  been  referred  to  this  board; 
that  the  lords  of  the  admiralty  having  declined  to  negotiate  with  M.  Bravay  upon  the 
footing  of  the  proposal  originally  made  by  him  to  sell  to  the  Crown  the  property 
which  he  claims  in  the  vessels  El  Tousson  and  El  Mounassir,  now  under  seizure,  he, 
M.  Bravay,  inquires  in  his  present  letter  what  sum  Her  Majesty's  government  would 
be  disposed  to  give  for  these  vessels. 

In  reply  to  this  inquiry,  you  are  to  remind  M.  Bravay,  that  these  vessels  are  claimed 
by  Her  Majesty's  government,  as  forfeited  to  the  Crown,  and  that  Her  Majesty's 
attorney -general  is  prepared  to  establish  that  claim  by  proceeding  to  trial  in  the  ordi- 
nary course  of  law. 

You  are  to  state  that,  nevertheless,  Her  Majesty's  government  would  not  be  indis- 
posed to  deal  with  this  case,  as  they  have  done  with  another  recent  case  of  the  same 
general  nature  in  Scotland,  viz,  to  waive  the  right  of  the  Crown  to  pecuniary  benefit 
from  the  forfeiture  (which  they  assume  they  would  be  able  to  establish)  provided  that 
such  an  arrangement  is  made  as  effectually  to  secure  those  public  objects,  which  made 

them  consider  it  their  duty  to  direct  the  seizure. 
[458]  *That  Her  Majesty's  government  would  be  ready,  on  receiving  from  Messrs. 
Laird  and  M.  Bravay  a  relinquishment  in  a  binding  form  of  their  several  claims 
on  these  two  vessels,  to  pay  for  such  relinquishment  the  amount  which  Her  Majesty's 
government  consider  to  be  their  fair  and  reasonable  value ;  but  not  any  greater  or  ex- 
cessive amount. 

That  the  sum  at  which  both  the  vessels,  in  their  present  condition,  are  together- 
valued  by  Her  Majesty's  government  is  £195,000,  and  that  Her  Majesty's  government 
will  also  be  prepared  to  pay  the  further  amount  of  £25,000  for  the  completion  by 
Messrs.  Laird,  according  to  the  original  contract  and  specifications  in  all  respects. 

I  am  to  add,  that  the  communication  which  you  are  thus  intrusted  to  make,  and  the 
whole  negotiation  which  Messrs.  Laird  and  M.  Bravay  have  commenced  upon  the  sub- 
ject, must  of  course  be  understood  to  be  without  prejudice  to  the  claims  either  of  Her 
Majesty's  government  or  of  M.  Bravay  and  the  Messrs.  Laird  in  the  pending  litigation. 
I  am,  &c, 


:nto.  219. 

Mr.  Layard  to  Mr.  Hamilton. 

Foreign  Ofeice,  May  10,  1804. 
Sir  :  I  have  laid  before  Earl  Kussell  your  letter  of  this  date,  respect- 
ing the  proposed  purchase  of  the  irou-clads  by  Her  Majesty's  govern- 
ment j  and  I  am  to  state  to  you,  in  reply,  for  the  information  of  the 
lords  commissioners  of  Her  Majesty's  treasury,  that  Lord  Kussell  ap- 
proves the  draught  instruction  of  which  you  inclose  a  copy,  and  which  it 
is  proposed  to  address  to  their  lordships'  solicitor,  for  his  guidance  in 
this  matter. 

I  am,  &c. 

(Signed)  A.  H.  LAYARD. 


528  TREATY    OF   WASHINGTON. 

No.  220. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers,  May  14, 1864.  (Received  May  14.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  here- 
with, for  the  information  of  Earl  Eussell,  a  copy  of  a  letter  from  their 
lordships'  solicitor,  dated  13th  instant,  reporting  that  he  had  written  a 
letter  in  duplicate  to  Messrs.  Laird's  and  Messrs.  Bravay's  solicitors,  in 
regard  to  the  offer  of  sale  of  the  ships  El  Tousson  and  El  Mounassir  to 
Her  Majesty's  government. 

I  also  inclose  a  copy  of  a  note  from  Messrs.  Laird's  solicitor,  acknowl- 
edging the  receipt  of  the  communication  from  their  lordship's  solicitor. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  220.] 

Mr.  Greenwood  to  Mr.  Hamilton. 

Treasury,,  May  13, 1864. 
Sir  :  In  accordance  with  their  lordships'  directions,  I  wrote  a  joint  letter  yesterday 
(in  duplicate)  to  Mr.  Rowcliffe  (for  Messrs.  Laird)  and  Messrs.   Cotterill  (for  Messrs. 
Bravay)  and  sent  a  copy  to  each. 

I  have  received  to-day  a  letter  from  Mr.  Rowcliffe,  of  which  I  have  the  honor  to  in- 
close a  copy,  for  the  consideration  of  their  lordships. 
I  am,  &.C., 
•     (Signed)  JOHN  GREENWOOD. 


[459]  [*Inclosure  2  in  No.  220.] 

Mr.  Rowcliffe  to  Mr.  Greenwood. 

1  Bedford  Row,  W.  C,  May  13, 1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  yesterday's  date, 
addressed  to  Mr.  Cotterill  and  myself,  relating  to  the  vessels  El  Tousson  and  El 
Mounassir. 

It  will  he  necessary  to  communicate  with  M.  Francois  Bravay,  who  is  now  in  Egypt,, 
upon  it.    Steps  have  been  taken  for  doing  so  aa  speedily  as  possible,  and  a  definite 
answer  shall  be  sent  to  you  at  the  earliest  moment. 
I  fear,  however,  that  instructions  cannot  possibly  be  received  until  Tuesday  next. 
I  have,  &c, 
(Signed)  -  E.  L.  ROWCLIFFE. 


No.  221. 

Messrs.  Rowcliffe  and  Cotterill  to  Mr.  Greenicood. 

1  Bedford  Eow,  W.  C,  May  20, 1864. 

Sir  :  We  are  at  length  in  a  position  to  communicate  with  you  defi- 
nitely on  the  letter  dated  the  12th  instant,  whfch  you  did  us  the  honor 
to  address  to  us.  The  delay  has  arisen,  as  has  been  already  explained 
to  you,  through  the  temporary  absence  in  Egypt  of  M.  Francois  Bravay, 
the  most  important  party  to  the  negotiation. 

We  are  happy  to  say  that  we  are  authorized,  on  behalf  of  our  respect- 
ive clients,  to  accept  the  total  sum  of  £220,000,  offered  by  Her  Majesty's 


BRITISH    CASE    AND    PAPERS.  529 

government,  in  relinquishment  of  the  Messrs.  Bravay's  and  the  Messrs. 
Laird's  several  claims  on  the  vessels,  and  for  the  completion  of  them  by 
the  Messrs.  Laird  in  all  respects  according  to  the  original  contract  and 
specifications.  It  has  been  arranged  between  the  Messrs.  Bravay  and 
the  Messrs.  Laird  that  Messrs.  Laird  shall  receive  £29,000  out  of  the 
total  of  £220,000 ;  and  we  would,  therefore,  ask — 

Firstly,  that  a  sum  of  £191,000  shall  be  paid  to  the  Messrs.  Bravay,  in 
exchange  for  the  release  of  all  their  claims  on  the  vessels,  and  that  the 
completion  of  the  contract  shall  rest  between  Her  Majesty's  government 
and  the  Messrs.  Laird. 

Secondly,  Messrs.  Laird  would  ask  that  Her  Majesty's  government 
should,  at  the  same  time  as  the  payment  is  made  to  the  Messrs.  Bravay 
of  the  £191,000,  pay  them  £4,000  balance  of  the  £195,000.  Her  Maj- 
esty's government  will  no  doubt  take  into  consideration  whether,  hav- 
ing regard  to  the  amouirt  of  materials  and  work  already  prepared  and 
ready  to  be  put  in  the  vessels,  a  further  payment  may  not  be  made  to 
the  Messrs.  Laird ;  -  but  the  Messrs.  Laird  desire  in  these  details  to  place 
themselves  entirely  in  the  hands  of  Her  Majesty's  government,  being 
assured  that  they  will  be  liberally  dealt  with. 

We  need  scarcely  assure  you  that,  however  sanguine  Her  Majesty's 
legal  advisers  may  be  of  establishing  the  forfeiture,  both  the  Messrs. 
Laird  and  the  Messrs.  Bravay,  who  must  be  most  conversant  with  the 
facts,  are  equally  confident  of  a  verdict  in  their  favor. 

It  has,  nevertheless,  been  the  strong  desire  of  the  Messrs.  Bravay  and 
the  Messrs.  Laird  to  relieve  themselves  of  what  must  necessarily  be  a 
protracted  and  most  expensive  litigation,  and  for  this  reason  only  have 
the  Messrs.  Laird  promoted  the  pending  negotiation,  and  the  Messrs. 
Bravay  been  induced  to  accept  the  offer  of  Her  Majesty's  government. 
We  have,  &c, 
(Signed)  E.  L.  KOWCLIFFE, 

For  Messrs.  Laird. 
W.  H.  COTTERILL, 

For  Messrs.  Bravay. 


[460]  *No.  222. 

Messrs.  Gregory  &  Go.  to  Mr.  Greenwood, 

1  Bedford  Row,  W.  C,  May  20, 1864. 
Si£ :  With  reference  to  our  letter  to  you  of  to-day's  date,  we  beg  to 
add  that  it  is,  of  course,  understood  that  the  pending  proceedings  are 
stayed,  and  we  therefore  cease  our  preparations  for  trial.  If  any  more 
formal  termination  is  desired  by  the  Grown,  we  would  suggest  that  the 
mode  and  form  of  it  should  be  settled  between  the  attorney- general  and 
Sir  H.  Cairns. 

We  are,  &c, 

(Signed)  GREGORY  AND  CO. 


No.  223. 

Mr.  Greenwood  to  Messrs.  Roiveliffe  and  Cotterill. 

Treasury,  May  26, 1864. 
Gentlemen  :  I  have  to  acknowledge  the  receipt  of  your  letter,  dated 
H.  Ex.  282,  vol.  ii 34 


530  TREATY    OF    WASHINGTON. 

20th  May,  accepting  the  sum  proposed  by  Her  Majesty's  government 
(in  answer  to  M.  Bravay's  letter  of  4th  May)  to  be  paid  to  Messrs.  Laird 
and  Messrs.  Bravay  for  the  relinquishment  of  their  claims  in  the  two 
iron-clad  vessels  at  Liverpool,  and  for  the  completion  of  them  by  Messrs. 
Laird  according  to  the  original  contract  and  specifications  in  all 
respects. 

No  objection  will  be  made  to  the  appointment  proposed  by  you ;  but 
I  have  no  authority  for  saying  that  Her  Majesty's  government  sanction 
any  expectation  of  payment  of  a  greater  sum  than  that  specified,  viz, 
£220,000. 

I  am,  &c, 

(Signed)  JOHN  GREENWOOD. 


^  *CANTON,  (ob  PAMPERO.) 


[463] 


*TABLE  OF  CONTENTS. 


From  whom  and  to  whom. 


Mr.  Adams  to  Earl  Kussell. 


Earl  Kussell  to  Mr.  Adams. .. 
Foreign  office  to  treasury  and 

home  office. 
Foreign  office  to  admiralty. .  - 


Treasury  to  foreign  office 

Admiralty  to  foreign  office 

Foreign  office  to  law-officers.. 


Home  office  to  foreign  office. . . 
Law-officers  to  foreign  office. 


Admiralty  to  foreign  office. 


Home  office  to  foreign  office 
Foreign  office  to  home  office. .. 
Treasury  to  foreign  office. . 


do 


Foreign  office  to  treasury 

Foreign  office  to  admiralty  and 

home  office. 
Home  office  to  foreign  office. . . 

Glasgow  Emancipation  Society 

Foreign  office  to  home  office. . . 

Foreign    office    to    Glasgow 
Emancipation  Society. 

Foreign  office  to  treasury  and 

home  office. 
Home  office  to  foreign  office. . . 


.do 


Foreign  office  to  admiralty. . 

Home  office  to  foreign  office . 

Admiralty  to  foreign  office 

Treasury  to  foreign  office . . 
Home  office  to  foreign  office. . . 
Law-officers  to  foreign  office . . . 

30     Foreign  office  to  home  office. . . 


Date. 


Subject. 


Oct.   17,1863 


Oct.   19,1863 
Oct.   19,1863 

Oct.   19,1863 


Oct.  22,1863 
Oct.  23,1863 
Oct.  24,1863 


Oct.  24,1863 
Oct.  26,1863 


Oct.  26,1863 

Oct.  27,1863 

Oct.  27,1863 

Oct.  29,1863 

Oct.  29,1863 
Oct.  29,1863 

Oct,  29,1863 

Oct.  30,1863 

Nov.  4,1863 

Nov.  6,1863 

Nov.  7,1863 

Nov.  7,1863 
Nov.  7,1863 
Nov.  7,1863 

Nov.  8,1863 

Nov.  9,1863 

Nov.  11, 1863 
Nov.  11, 1863 
Nov.  11, 1863 
Nov.  13, 1863 

Nov.  13, 1863 


Canton  building  at  Glasgow  for  Con- 
federate States.  Statement  of  Uni- 
ted States  consul. 

Inquiries  will  be  made 

Transmitting  Mr.  Adams's  note  for 
inquiries  and  legal  steps. 

For  instructions  to  commander  of  Her 
Majesty's  ships  stationed  in  the 
Clyde. 

Keport  from  collector  of  customs  at 
Glasgow.  Vessel  building  for  Mr. 
Pembroke,  of  Ausfinfriars. 

Keport  from  Captain  Farquhar,  con- 
firming suspicions  of  United  States, 
consul.  • 

Inclosing  papers.    Should  Mr.  Pem- 
broke be  asked  for  what  purpose  he 
is  constructing  the  vessel  ? 
Keport  from  sheriff  of  Lanarkshire . . 

As  to  course  to  be  taken.  Inquiries 
may  be  made  of  Mr.  Thomson  and 
Mr.  Pembroke. 

Further  report  from  Captain  Farqu- 
har. Vessel  might  be  adapted  to 
aggressive  purposes. 

Further  report  from  sheriff  of  Lan- 
arkshire. 

To  make  inquiries  of  builders,  and 
consult  law-officers  for  Scotland. 

Keport  of  measuring-surveyor  at 
Glasgow. 

Vessel  about  to  be  launched 

To  wait  before  taking  definite  steps. 
Vessel  to  be  watched. 

Copy  of  letter  to  treasury  ('No.  15.) . . 

Steps  taken  to  procure  information 
desired. 

Petition  for  steps  to  prevent  sailing 
of  Canton. 

Have  any  reports  been  received  on 
subjects  inquired  into  ? 

Attention  of  Her  Majesty's  govern- 
ment already  directed  to  the  sub- 
ject of  their  memorial. 

Copy  of  memorial  of  Glasgow  Eman- 
cipation Society. 

Opinion  of  law-officers  for  Scotland  as 
to  course  to  be  pursued. 

Keports  from  sheriff  of  Lanarkshire 
with  contract  and  specifications  of 
the  vessel. 

To  examine  specification,  and  report 
whether  it  gives  ground  for  sus- 
picion. 

Memorial  of  Glasgow  Emancipation 
Society  forwarded  to  sherifi'  of  Lan- 
arkshire for  report. 

Keport  of  chief  constructor  of  the 
navy  on  specification  of  the  Canton. 

Keports  from  customs  collector  at 
Glasgow. 

Letter  from  lord  advocate;  who  awaits 
instructions. 

Opinion  as  to  course  to  be  pursued. 
Grounds  for  inquiry  but  not  for 
seizure. 

Forwarding  papers  for  steps  sug- 
gested by  law-officers. 


Or- 


467 


a  o 

II 


Page. 
537 


469 
470 
471 


471 
473 


473 

474 
474 
475 

477 

478 

479 
479 
479 

480 
480 

480 
480 

482 

483 

483 

483 
484 

487 
487 

489 


534 


TREATY    OF   WASHINGTON. 


From  whom  and  to  whom. 


Date. 


Subject. 


II 


S  © 


Foreign  office  to  home  office. . . 

Foreign   office   to   admiralty 

and  treasury. 
Home  office  to  foreign  office. . . 


[464J  *  Foreign  office  to  treas- 
ury. 

Foreign  office  to  admiralty. . . 

Foreign  office  to  home  office. 

Mr.  Adams  to  Earl  Russell.. 

Foreign  office  to  home  office. . 
Earl  Russell  to  Mr.  Adams. . 

Admiralty  to  foreign  office. . . 

Foreign  office  to  home  office. 
Treasury  to  foreign  office 

Foreign  office  to  treasury 

Foreign  office  to  home  office . . 
Home  office  to  foreign  office . . 

Treasury  to  foreign  office 

Home  office  to  foreign  office. . 

Foreign  office  to  home  office. . 

Treasury  to  foreign  office 

Admiralty  to  foreign  office. .. 
Mr.  Leslie  to  Mr.  Hammond . 
Home  office  to  foreign  office. . 


Foreign  office  to  home  office . 

Mr.  Adams  to  Earl  Russell. 

Earl  Kussell  to  Mr.  Adams. 
Foreign  office  to  home  office. 

Home  office  to  foreign  office 
do 

Treasury  to  foreign  office. . . 

Foreign  office  to  treasury. . . 
Admiralty  to  foreign  office. . 
Home  office  to  foreign  office. 
Treasury  to  foreign  office. .. 
Mr.  Adams  to  Earl  Russell. 

EarlEussell  to  Mr.  Adams. 


Nov.  13, 1863 
Nov.  13, 1863 
Nov.  13, 1863 

Nov.  14, 1863 

Nov.  14, 1863 

Nov.  14, 1863 

Nov.  14, 1863 

Nov.  16, 1863 
Nov.  16, 1863 

Nov.  16, 1863 

Nov.  17, 1863 
Nov.  17, 1863 

Nov.  17, 18G3 

Nov.  17, 1863 
Nov.  17, 1863 

Nov.  18, 1863 

Nov.  20, 1863 

Nov.  21, 1863 
Nov.  21, 1863 
Nov.  24, 1863 
Nov.  25, 1863 
Dec.  3, 1863 

Dec.  4,-1863 

Dec.  5, 1863 

Dec.  5, 1863 
Dec.  5, 1863 

Dec.  1  5, 1863 
Dec.  10,1863 

Dec.  11,1863 

Dec.  11,1863 

Dec.  12,1863 

Dec.  17,1863 

Dec.  28,1863 

Dec.  28,1863 

Dec.  29,1863 


Canton  should  not  he  allowed  to  leave 
the  Clyde  without  further  inquiry. 

Case  placed  in  the  hands  of  the  home 
department. 

Have  instructed  the  lord  advocate. 
Treasury  and  admiralty  should  be 
requested  to  have  the  vessel 
watched. 

To  instruct  customs  officials  to  watch 
the  vessel  and  seize  her  if  desired 
by  lord  advocate. 

To  instruct  officer  in  command  in  the 
Clyde  to  co-operate  with  customs 
authorities. 

Letters  addressed  to  admiralty  and 
treasury  as  suggested. 

Further  depositions  in  corroboration 
of  previous  evidence. 

Forwarding  above 

His  note  forwarded  to  the  proper  de- 
partment. 

Report  from  Captain  Farquhar.  Can- 
ton being  rapidly  equipped  for  sea. 

Copy  of  Captain  Farquhar's  report. . . 

Report  from  collector  at  Glasgow. 
Vessel  could  be  got  ready  for  sea  in 
forty-eight  hours. 

Collector  to  follow  instructions  of 
lord  advocate. 

Inclosing  copies  of  two  above  letters. 

Letter  from  lord  advocate,  who  awaits 
result  of  inquiries  addressed  to  Mr. 
Pembroke. 

Letter  from  collector  at  Glasgow. 
Request  of  United  States  consul 
for  summoning  witnesses. 

Letter  from  lord  advocate.  As  to 
taking  proceedings  against  the  ves- 
sel.   Instructions  in  reply. 

Concur  in  instructions  to  lord  advo- 
cate. 

Precautions  taken  by  customs  col- 
lector at  Glasgow. 

Captain  Farquhar  has  sent  a  gun- 
boat to  watch  the  vessel. 

Letter  from  lord  advocate.  One  of 
the  owners  to  be  examined. 

Report  from  lord  advocate.  Evidence 
as  to  intention  of  vessel  complete. 
Seizure  delayed  till  decision  in 
Alexandra  case. 

Agree  in  delaying  seizure.  Every 
precaution  to  be  taken  against  de- 
parture of  the  vessel. 

Further  depositions  respecting  the 
Canton. 

Acknowledging  receipt  of  above 

Forwarding  depositions  sent  by  Mr. 
Adams. 

Judgment  in  Alexandra  case  delayed . 

Instructions  given  for  seizing  the 
Pampero. 

Collector  at  Glasgow  has  seized  the 
vessel  and  requests  further  instruc- 
tions. 

Seizure  to  be  maintained.  To  com- 
municate with  home  office. 

Captain  Farquhar  instructed  to  take 
measures  lor  security  of  the  vessel. 

Correspondence  respecting  seizure  of 
the  vessel. 

Steps  taken  for  preservation  of  the 
vessel. 

Persons  arrived  in  England  for  ser- 
vice in  the  Pampero  against  the 
United  States. 

His  letter  has  been  forwarded  to 
proper  departments. 


Page. 

489 

490 
490 

491 


492 

492 

497 
497 

498 

498 
499 

499 

500 
500 


502 

507 
507 
508 
509 

509 

515 

516 

519 
519 

519 
520 

520 

521 
521 
522 
522 
524 

524 


Page. 
562 


BRITISH   CASE    AND    PAPERS. 


535 


u 

a 

From  whom  and  to  whom. 

Date. 

Subject. 

£.2 

T3  p 
o  o 

3 
fc 

1? 

66 

Foreign  office  to  home  office, 
admiralty,  and  treasury. 

Dec.  29,1863 

• 
Forwarding  Mr.  Adams's  letter 

Page. 
524 

Page. 
599 

C7 

Admiralty  to  foreign  office 

Dec.  31,1863 

Captain  Farquhar  will  take  steps  to 
prevent  Pampero  being  carried,  off. 

525 

599 

68 

Home  office  to  foreign  office . . 

Dec.  31, 1863 

Letter  from  lord  advocate.    Believes 
plan  for  carrying  off  Pampero  to  be 
abandoned. 

525 

599 

69 

do 

Jan.     2, 1864 

Letter  from  lord  advocate  as  to  pro- 

525 

600 

posal  to  sell  the  vessel. 

70 

Treasury  to  foreign  office 

Jan.     4, 1864 

Letter  from  collector  of  customs  at 
Glasgow.    Vessel   believed   to   be 
safely  secured. 

527 

601 

71 

do 

Jan.     5, 1864 

No  traces  can  be  found  at  Liverpool 
of  persons  supposed  to  be  intend- 
ing to  carry  off  Pampero. 

528 

602 

72 

Foreign  office  to  admiralty 

Jan.     6,1864 

To  ascertain  if  Pampero  would  be 
suitable  for  the  navy. 

529 

603 

73 

Admiralty  to  foreign  office 

Jan.     8, 1864 

Orders  given  for  survey  of  Pampero . . 

529 

604 

74 

Treasury  to  foreign  office 

Jan.  13,1864 

Measures  taken  for  removal  and  pre- 
servation of  Pampero. 
Pampero  not  suitable  for  Her  Ma- 

530 

604 

75 

Admiralty  to  foreign  office 

Jan.  18,1864 

530 

605 

jesty's  service. 

76 

Foreign  office  to  home  office. .-. 

Jan.  23,1864 

......do 

531 

605 

*77 

[465J    Mr.   Galhraith  to  Mr. 
Bouverie, 

Mar.  17, 1864 

Proposed  compromise  on  the  part  of 
the  owners. 

531 

605 

73 

Lord  advocate  to  Mr.  Bouverie. 

Mar.  24, 1864 

Cannot  agree  to  proposed    compro- 
mise.   Counter  proposal. 

532 

606 

79 

Earl  Russell  to  lord  advocate . 

Mar.  26. 1864 

Agrees  in  answer  to  Mr.  Bouverie . . . 

533 

607 

80 

Treasury  to  foreign  office 

Sept,  25, 1865 

Is  it  necessary  still  to  keep  men  in 
charge  of  Pampero  ? 

533 

608 

81 

Foreign  office  to  lord  advocate. 

Oct.   12,1865 

May  Pampero  be  released  ? 

533 

608 

82 

Lord  advocate  to  foreign  office. 

Oct.    19,1865 

Vessel  to  be  given  over  to  owners 

533 

608 

83 

Foreign  office  to  treasury 

Oct.    23,1865 

Copy  of  above  for  communication  to 

534 

609 

admiralty. 

[467].*  #CAKTON,  (or  PAMPERO.) 


No.  1. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  October  17, 1863.     (Received  October  18.) 
My  Lord  :  It  is  with  great  regret  that  I  find  it  my  duty  once  more  to 
call  your  lordship's  attention  to  the  efforts  making  in  this    CANT0N.  _  Corre. 
kingdom  to  aid  the  insurgents  in  America  in  carrying  on  sp°nden<;e- 
their  resistance  to  the  Government  of  the  United  States.    I  have  strong 
reason  for  believing  that,  in  addition  to  a  very  formidable  steam-ram 
now  in  process  of  construction  at  the  port  of  Glasgow,  but  not  yet  so  far 
advanced  as  fully  to  develop  her  character,  there  is  another  steamer 
ready  to  be  launched,  called  the  Canton,  having  all  the  characteristics 
of  a  war-vessel,  which  is  about  to  be  fitted  up  and  dispatched  with  the 
same  intent  from  the  same  place.    I  beg  leave  to  submit  to  your  lord- 
ship's consideration  some  extracts  from  a  letter  addressed  to  me  by  W. 
L.  Underwood,  esq.,  the  consul  of  the  United  States,  giving  information 
in  regard  to  this  case.    Mr.  Underwood  himself  entertains  no  doubt  of 
the  destination  of  this  vessel,  although,  from  the  secrecy  used  in  the 
process  of  construction  and  preparation,  itself  a  cause  of  suspicion,  he 
has  been  slow  in  gaining  evidence  on  which  to  base  a  representation. 
'     Not  doubting  that  Her  Majesty's  government  Avill  take  all  suitable 
measures  to  ascertain  the  correctness  of  these  allegations,  I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  in  Xo.  1.] 
Mr.  Underwood  to  Mr.  Adams. 

Unite!)  States  Consulate, 

Glasgow,  October  15,  1863. 
Sir  :  It  is  my  unpleasant  duty  to  inform  you  that  recently  it  has  come  to  my  knowl- 
edge that  a  ship  of  war,  in  addition  to  the  formidable  iron  ram  of  which  I  have  hereto- 
fore given  you  information,  is  now  being  built,  and  nearly  ready  to  launch,  in  the  ship- 
yard of  Messrs.  James  and  George  Thomson,  of  this  city,  intended  for  and  belonging 
to  the  Confederate  States.  She  is  after  the  model  of  the  rebel  ship  Alabama.  "  Can- 
ton, London,"  are  the  words  gilded  on  her  stern.  She  is  a  clipper-built  screw-steamer 
with  three  masts,  two  of  which  are  iron,  one  of  wood.  Her  length  is  from  280  to  300 
feet,  from  stem  to  stern ;  her  beam  about  56  feet.  Her  frame  is  iron,  bordered  up  with 
teak-wood  planking  about  5  inches  thick  on  the  inside  up  to  the  water-mark.  She  is 
pierced  with  four  large  port-holes  and  four  smaller  ones  on  each  side,  making  sixteen 
in  all.  The  larger  ones  seem  suited  for  the  sweep  and  play  of  pivot-guns.  She  is  con- 
structed to  carry  the  greater  portion  of  her  coals  in  iron  side-pockets  between  decks,  so 
as  to  give  an  unobstructed  passage  clear  through  from  one  fire-room  to  the  other.  Her 
water-draught  is  marked  to  15  feet.  Has  "  eye-bolts"  in  her  sides  suitable  for  and  in- 
tended to  handle  and  secure  her  guns.  She  is  donkey  or  bark  rigged,  and  altogether 
similar  to  the  Alabama,  the  only  difference  being  that  she  has  an  iron  frame,  while 
the  Alabama  has  a  wooden  one.  She  is  probably  from  1,200  to  1,500  tons  burden,  can 
be  launched  at  any  day,  and  is  understood  to  be  only  waiting  for  the  spring  tide.    Her 


538  TEE  AT  Y    OF    WASHINGTON. 

4 

propeller  is  two-bladed  and  of  composition  metal,  very  hard,  being  a  mixture  of  brass 
and  copper,  with  the  flanges  so  constructed  that,  iu  case  one  is  injured,  another  may 
be  put  in  its  place  without  interfering  with  the  bush.  She  is  known  in  the  yard  as 
the  "  frigate."  She  has  screw-hoisting  gear  for  lifting  her  propeller,  and,  when  it  is 
up,  has  a  stern  that  falls  down  and  makes  her  appear  like  a  sailing-ship.  Her  cylin- 
der is  60  inches  in  diameter.  Until  now  the  eye-bolts  and  fixtures  for  running 
[468]  her  guns  in  *and  out,  her  port-holes,  and  other  characteristic  contrivances  that 
mark  a  war-vessel  were  all  visible  and  apparent,  and  with  them  so  it  was 
intended  to  have  launched  her  on  some  day  last  week.     *  *  *  *    But 

in  order  to  conceal  the  character  of  the  vessel,  and  thus  elude  the  vigilance  and  avoid 
the  interference  of  the  government,  these  characteristic  fixtures  have  been,  and  are 
being,  removed.  The  eye-bolts  for  the  gun-gear  have  been  drawn,  their  holes  stopped 
and  effaced,  and  the  bolts  stowed  away,  to  be  replaced  when  the  ship  gets  to  sea.  The 
doors  or  shutters  of  the  port-holes  are  to  be  taken  from  the  hinges,  the  hinges  removed, 
and  the  shutters  to  be  screwed  or  fastened  over  the  port-holes,  so  as  to  present  a  clean 
side  until  she  gets  out.  It  is  not  expected  she  will  take  in  her  armament  here.  On  the 
contrary,  it  is  understood  that,  as  soon  as  launched,  she  will  take  her  boilers  and  heav- 
iest machinery  aboard,  and  will  then  be  immediately  towed  to  some  place  to  me  un- 
known, to  which  her  remaining  machinery  will  be  transported  on  another  vessel  and 
then  be  taken  on  board  of  her.     *  *  *  *    The  managers  of  the  Canton 

are  fraudulently  seeking  to  evade  responsibility  by  taking  advantage  of  what  is  under- 
stood to  be  the  letter  of  the  British  rule  as  to  a  war-vessel's  responsibility  in  leaving 
her  ports  armed,  &c,  while,  by  this  very  fraudulency,  they  are  additionally  criminal, 
since  her  hostile  intent  is  as  flagrant  and  clear  as  if  she  had  her  guns  on  board. 

I  can  only  hope  you  will  lay  this  case  before  the  British  government,  and  that  in  its 
own  wisdom  it  will  take  immediate  steps  to  investigate  the  facts  I  have  suggested, 
and  to  afford  such  restraint  or  remedy  as  may  be  consistent  alike  with  its  honor  and 
duty. 

I  am  happy  to  add  that  the  Scotch  law  affords,  as  I  am  advised,  peculiar  facilities  to 
such  preliminary  investigations  as  may  be  adopted  in  this  case, -inasmuch  as,  unlike 
the  common  law,  it  tolerates  and  j)ermits  an  inquiry  and  interrogation  under  oath  of 
the  party  .immediately  implicated. 
I  have,  &c, 
(Signed)  W.  L.  UNDERWOOD,  Consul. 


No.  2. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  October  19, 18G3. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  and 
its  inclosure  of  the  17th  instant,  relative  to  a  vessel  said  to  be  in  course 
of  construction  at  Glasgow,  intended  for  the  service  of  the  so-styled 
Confederate  States ;  and  I  have  lost  no  time  in  communicating  copies 
of  the  same  to  the  proper  department  of  Her  Majesty's  government,  in 
order  that  immediate  inquiries  may  be  made  into  this  matter. 
I  am,  &c, 
(Signed)  BUSSELL. 


No.  3. 

Mr.  Hammond  to  the  secretary  to  the  treasury.1 

[Immediate.] 

Foreign  Office,  October  19,  1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  herewith  copy 
of  a  letter  and  its  inclosures  from  Mr.  Adams,2  relative  to  a  screw  steam- 

1 A  similar  letter  was  addressed  to  the  home  office.  2  No.  1. 


BRITISH    CASE    AND    PAPERS.  539 

vessel  which  is  in  course  of  construction  in  the  yard  of  Messrs.  Thom- 
son, at  Glasgow,  and  which  is  alleged  to  be  intended  for  the  service  of 
the  so-styled  Confederate  States ;  and  I  am  to  request  that,  in  laying 
the  same  before  the  lords  commissioners  of  Her  Majesty's  treasury,  you 
will  move  their  lordships  to  cause  immediate  inquiry  to  be  made  in 
this  matter,  and  to  take  such  legal  steps  as  may  prevent  any  attempt 
to  infringe  the  law. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[469]  *  No.  4. 

Mr.  Hammond  to  the  seqretary  to  the  admiralty. 
[Immediate.] 

Foreign  Office,  October  19, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  the  accompa- 
nying copy  of  a  letter  and  its  inclosure  from  Mr.  Adams,1  respecting  a 
vessel  called  the  Canton,  which  is  in  progress  of  construction  at  Messrs. 
Thomson's  yard  at  Glasgow,  and  which  is  stated  to  be  intended  for  the 
service  of  the  so-styled  Confederate  States  ;  and  I  am  to  request  that,  in 
laying  the  same  before  the  lords  commissioners  of  the  admiralty,  you 
will  move  them  to  give  directions  that  the  attention  of  the  commander 
of  whichever  of  Her  Majesty's  ships  is  now  stationed  in  the  Clyde  may 
be  directed  to  this  vessel. 

I  also  inclose  a  copy  of  the  letter  which  has  been  addressed  to  the 
treasury  and  home  department  on  this  subject.2 
I  am,  &c, 
(Signed)  .  E.  HAMMOND. 


No.  5. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  22,  1863.     (Received  October  22.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  information  of  Earl  Russell,  the  in- 
closed copy  of  a  letter,  dated  this  day,  and  of  its  inclosures,  which  have 
been  received  from  the  commissioners  of  customs  respecting  the^screw 
steam- vessel  building  at  Glasgow  for  the  service,  as  is  alleged,  of  the 
Confederate  States  of  America. 
I  have,  &c, 
(Signed)  ,  GEO.  A.  HAMILTON. 


,  [Inclosure  1  in  Xo.  5.] 

Mr.  Diclrim  to  Mr.  Hamilton. 

Custom-House,  October  22,  1863. 
Sir:  With  reference  to  my  letter  of  yesterday's  date,3  transmitting  for  the  informa- 

1  No.  1.  3No.  3.  3  See  inclosure  in  No.  13. 


540  TREATY    OF    WASHINGTON. 

tion  of  the  lords  commissioners  of  Her  Majesty's  treasury  copies  of  a  report  of  the  col- 
lector of  this  revenue  at  Glasgow,  and  of  its  inclosures,  on  the  subject  of  a  screw  steam- 
vessel  in  the  course  of  construction  at  that  port,  which,  it  is  alleged,  is  intended  for 
the  warlike  service  of  the  Confederate  States  of  America,  I  am  now  directed  to  trans- 
mit to  you  copy  of  a  letter  from  Messrs.  P.  Henderson  &  Co.,  of  Glasgow,  addressed  to 
the  collector  at  that  port,  in  which  they  state  that  the  vessel  in  question  was  con- 
tracted for,  through  them,  on  account  of  Mr.  Pembroke,  Austin  Friars,  London. 
•    I  am,  &c, 

(Signed)  GEO.  DICKINS. 


f  Inclosure  2  in  No.  5.  | 

Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  October  21,  1863. 
Honorable  Sirs:  With  reference  to  my  report  of  yesterday's  date,  relative  to  a 
screw-steamer  being  constructed  in  the  yawl  oOlessrs.  Thomson  at  this  port,  and  sup- 
posed to  be  intended  for  the  warlike  service  of  the  Confederate  States  of  America,  I 
have  further  to  report  that,  on  communicating  with  Messrs.  Patrick  Henderson  &  Co., 
highly  respectable  merchants  in  this  city,  I  am  informed  the  vessel  referred  to  is  for 
Mr.  Pembroke,  of  Austin  Friars,  to  whom  Messrs.  Henderson  refer  for  any  inquiries 
they  having  only  acted  in  the  transaction  as  brokers.    I  annex  their  written  reply. 
Respectfully,  &c, 
(Signed)  FREDK.  TREVOR,  Collector. 


[470]  x[Inclosure  3  in  No.  5.] 

Messrs.  Henderson  $-  Co.  to  Mr.  Trevor. 

Glasgow,  October  21,  1863. 
Sir  :  Referring  to  your  visit  to  us  this  morning,  we  beg  (as  requested  by  you)  to  re- 
peat in  writing  what  we  then  verbally  stated  to  you,  that  the  steamer  you  inquired 
about,  building  by  Messrs.  J.  and  G.  Thomson,  was  contracted  for  through  us  on  account 
of  E.  Pembroke,  esq.,  Austin  Friars,  London. 
We  are,  &c, 
(Signed)  HENDERSON  &  CO. 


]ST0.  6. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  23,  1863.     (Received  October  24.) 
Sir  :  With  reference  to  your  letter  of  the  19th  instant,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  send  you  here- 
with, for  the  information  of  Earl  Russell,  a  copy  of  a  letter,  dated  the 
22d  instant,  from  Captain  Farquhar,  the  senior  officer  of  Her  Majesty's 
ships  and  vessels  in  the  Clyde,  reporting  upon  the  iron-clad  vessels 
building  in  Messrs.  Thomson's  yard  at  Glasgow,  and  supposed  to  be 
intended  for  the  so-called  Confederate  States  of  America. 
I  am,  &c, 
(Signed)  .  W.  G.  ROMAINE. 

[Inclosure  in  No.  6.] 

Captain  Farquhar  to  the  secretary  to  the  admiralty. 

Hogue,  Greenock,  October  22,  1863. 
Sir  :  With  reference  to  your  confidential  letter  of  the  19th  instant,  I  have  the  honor 
to  inform  you  that,  from  the  information  I  have  been  able  to  glean  respecting  the  ves- 
sel alluded  to,  building  at  Messrs.  Thomson's  yard  at  Glasgow,  and  also  from  personal 


BRITISH    CASE    AND    PAPERS.  541 

observation,  there  can  hardly  be  a  doubt  that  the  statements  and  surmises  contained 
in  the  United  States  consul's  letter  to  Mr.  Adams  respecting  her  are  pretty  correct. 
She  is  evidently  built  for  aggressive  purposes,  and,  from  her  fine  lines,  she  will  proba- 
bly have  great  speed.    The  description  given  of  her  appearance,  &c,  is  exact. 

Preparations  are  being  made  for  launching  this  vessel,  and  I  think  it  not  improbable 
that  she  will  be  launched  during  the  next  spring  tides.  Great  difficulty  exists  in  ascer- 
taining the  intention  of  the  owners  regarding  her  after  she  has  been  launched.  Form- 
erly no  obstacle  was  placed  iu  the  way  of  my  inspecting  Messrs.  Thomson's  yard  and 
obtaining  information  relating  to  the  ships  building  there  ;  but  much  more  caution  is 
now  used  in  affording  information. 

A  large  plated  steam-ram  is  also  being  built  in  the  same  yard ;  but  her  construction 
has  made  very  slow  progress  lately. 

In  the  course  of  a  day  or  two  I  have  no  doubt  I  shall  be  able  to  gather  more  particu- 
lars about  the  Canton  ;  but  I  have  thought  it  my  duty  to  at  once  lay  before  the  gov- 
ernment the  above  information. 
I  have,  &c, 
(Signed)  A.  FARQUHAR. 


[471]  *lNTo.  7. 

Mr.  Hammond  to  the  law-officers  of  the  Grown. 

Foreign  Office,  October  24, 1863. 
Gentlemen  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  the 
accompanying  correspondence  respecting  a  screw  steam-vessel  called 
the  Canton,  which  is  in  the  course  of  construction  in  the  yard  of  Messrs. 
Thomson,  at  Glasgow,  and  which  is  alleged  to  be  intended  for  the  ser- 
vice of  the  so-styled  Confederate  States.1 

You  will  see  from  the  report  of  the  collector  of  customs  at  Glasgow 
that  the  vessel  in  question  is  stated  to  be  building  for  Mr.  Pembroke, 
of  Austin  Friars ;  and  I  am  to  request  that  you  will  favor  Lord  Russell 
with  your  opinion  whether  it  would  be  proper  to  ask  Mr.  Pembroke 
whether  he  will  state  for  what  purpose  this  vessel  is  being  constructed. 
1  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  8. 

Mr.  Bruce  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  October  24,  1863.  (Received  October  24.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  acquaint  you  that, 
on  the  receipt  of  your  letter  of  the  19th  instant,  a  communication  was 
immediately  made  to  the  lord  provost  of  Glasgow  respecting  a  screw- 
steamer  called  the  Canton,  which  was  said  to  be  in  course  of  construc- 
tion in  the  yard  of  Messrs.  J.  and  G.  Thomson,  of  Glasgow ;  and  I  am 
to  transmit  to  you,  for  the  information  of  Earl  Russell,  the  inclosed 
copies  of  letters  from  the  sheriff  of  Lanarkshire,  (to  whom  the  lord  pro- 
vost referred  my  inquiry,  Messrs.  Thomson's  yard  being  beyond  the 
jurisdiction  of  the  city  of  Glasgow,)  stating  all  that  is  known  respect- 
ing the  Canton. 

I  am,  &c, 

(Signed)  H.  A.  BRUCE. 

1  Nos.  1,  2,  3,  4,  5,  and  6. 


542  TREATY    OF   WASHINGTON. 

s. 

[Inclosure  1  in  No.  8.1 

Sir  A.  Alison  to  Sir  G.  Grey. 

Sheriff's  Office,  Glasgow,  October  20,  1863. 
Sir  :  The  lord  provost  of  Glasgow,  who  is  at  present  engaged  in  attendance  on  Prince 
Alfred,  who  is  on  a  flying  visit  to  this  city,  has  put  into  my  hands  your  letter  of  the 
19th,  directing  inquiries  to  be  made  concerning  the  screw-steamer,  to  be  called  the  Can- 
ton, said  to  be  in  the  course  of  construction  in  the  yard  of  Messrs.  James  and  George 
Thomson,  of  Glasgow,  near  that  city. 

The  lord  provost  informs  me  that  he  has  already  apprised  you  that  the  vessel  in  ques- 
tion is  in  course  of  construction,  not  in  Glasgow,  to  which  city  his  jurisdiction  is  con- 
fined, but  in  the  river  Clyde,  in  the  county  of  Lanark. 

I  have  accordingly  put  your  letter  into  the  hands  of  Messrs.  Hart  and  Grinniel,  the 
procurators  fiscal  of  the  lower  ward  of  Lanarkshire,  with  directions  to  make  the  neces- 
sary inquiries  without  delay,  the  results  of  which  I  will  communicate  to  you  as  soon 
as  received. 

I  have,  &c, 

(Signed)  A.  ALISON, 

Sheriff  of  Lanarkshire. 


472]  "'[Inclosure  2  in  No.  8.] 

Sir  A.  Alison  to  Sir  G.  Grey. 

Sheriff's  Office,  Glasgow,  October  23, 1863. 
Sir:  I  beg  to  inclose  a  letter  containing  all  the  information  "which  I  have  been  able 
to  obtain  regarding  a  vessel  which  is  building  by  Messrs.  J.  and  G.  Thomson,  in  the 
Clyde,  and  which,  according  to  their  statement,  is  not  intended  for  either  of  the  bellig- 
erent parties. 

Yon  will  observe  that  Mr.  Hart,  the  procurator  fiscal,  expected  some  additional  in- 
formation in  the  course  of  a  day  or  two,  which  I  shall  transmit  to  you  the  moment! 
receive  it. 

I  have,  &c, 

(Signed)  A.  ALISON. 


I  Inclosure  3  in  No.  8.  J 

Mr.  Hart  to  Sir  A.  Alison. 

Procurator  Fiscal's  Office, 

Glasgow,  October  23,  1863. 
Dear  Sir  Archibald  :  On  Wednesday  last,  the  21st  instant,  I  proceeded  to  the  build- 
ing-yard of  Messrs.  Thomson,  Clyde  Bank,  and  saw  Mr.  George  Thomson,  one  of  the 
partners,  on  the  subject  of  the  letter  from  the  secretary  of  state's  office  to  the  lord  pro- 
vost, and  handed  by  you  to  me  for  the  purpose  of  inquiry  ;  and  as  requested  by  me, 
Mr.  Thomson  has  sent  me  copy  of  a  letter  which  he  addressed  to  Mr.  TreVor,  of  Her 
Majesty's  customs,  on  the  same  subject,  and  which,  he  states,  contains  all  the  informa- 
tion he  can  give  thereanent.  It  was  late  in  the  day  when  I  saw  Mr.  Thomson  ;  and 
yesterday  being  fast-day,  I  have  not  seen  P.  Henderson  &  Co.,  but  shall  endeaver  to  do 
so,  and  will  also  wait  on  Mr.  Trevor  in  the  course  of  the  day,  and  will  then  communi- 
cate any  further  information  that  may  be  obtained.  The  vessel  in  question  is  No.  64 
of  Messrs.  Thomson's  series,  and  is  named  the  Canton  ;  and  I  may  mention  that  Mr. 
Thomson  stated  that  he  was  confident  that  the  Canton  is  not  fitted  for  war,  and  it  is 
anything  but  probable  tha,t  she  is  intended  as  a  war-vessel  for  service  of  either  of  the 
parties  in  America.  The  Messrs.  Thomson  are  also  building  another  iron-clad  vessel, 
which  Mr.  Thomson  has  mentioned  is  for  a  party  in  London ;  and  he  appears  quite 
ready  to  show  the  building  contract,  and  give  any  information  regarding  it  of  which 
he  is  possessed. 

I  remain,  &c, 

(Signed)  #  WM.  HART. 


BRITISH    CASE    AND     PAPERS  543 

[Iuclosure  4  in  No.  8.] 
Messrs.  J.  and  G.  Thomson  to  Mr.  Hart. 

Clyde  Bank  Fqundkky, 

Glasgow,  October  21,  1863. 
Dear  Sir  :  Referring  to  our  conversation  to-day,  we  now  beg  to  hand  annexed  copy 
of  letter  sent  by  us  yesterday  to  Mr.  Trevor,  Her  Majesty's  customs,  relative  to  a  screw- 
steamer  called  the  Canton,  presently  building  in  our  yard  at  Govan. 
We  are,  &c, 
(Signed)  JAMES  AND  GEORGE  THOMSON. 


[Iuclosure  5  in  No.  8.] 

Messrs.  J.  and  G.  Thomson  to  Mr.  Trevor. 

Clyde  Bank  Fo under y, 

Glasgoiv,  October  39,  1863. 
Dear  Sir  :  As  requested  by  you,  we  beg  to  confirm  the  verbal  information  we  gave 
to  you  at  our  yard  to-day,  viz,  that  the  vessel  No.  64  of  our  series  is  building 
[473]  by  us  through  the  *order  of  Messrs.  Patrick  Henderson  &  Co.,  of  this  city.     We 
are  quite  ready  to  exhibit  the  contract  and  specifications  when  required. 
We  are,  &c, 
(Signed)  JAMES  AND  GEORGE  THOMSON. 


No.  9. 

The  law-officers  of  the  Croicn  to  Earl  Russell. 
[Immediate.] 

Lincoln's  Inn,  October  26,  1863.     (Received  October  20.) 

My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  24th  instant,  stating  thathe  was  directed 
by  your  lordship  to  transmit  to  us  the  accompanying  correspondence 
respecting  a  screw-steamer  vessel  called  the  Canton,  which  is  in  the 
course  of  construction  in  the  yard  of  Messrs.  Thomson,  at  Glasgow,  and 
which  is  alleged  to  be  intended  for  the  service  of  the  so-called  Confed- 
erate States. 

Mr.  Hammond  was  also  pleased  to  state,  that  we  should  see  from  the 
report  of  the  collector  of  customs  at  Glasgow,  that  the  vessel  in  ques- 
tion is  stated  to  be  building  for  Mr.  Pembroke,  of  Austin  Friars ;  and 
that  he  was  directed  by  your  lordship  to  request  that  we  would  favor 
your  lordship  with  our  opinion  whether  it  would  be  proper  to  ask. Mr. 
Pembroke  whether  he  will  state  for  what  purpose  the  vessel  is  being 
constructed. 

We  are  also  honored  with  your  lordship's  commands  signified  in  Mr. 
Hammond's  further  letter  of  the  24th  instant,  stating  that,  with  refer- 
ence to  his  letter  of  that  day's  date,  he  was  directed  by  your  lordship  to 
transmit  to  us  the  accompanying  further  letter,  and  its  inclosures,  re- 
specting the  case  of  the  Canton.1 

In  obedience  to  your  lordship's  commands  we  have  taken  these  papers 
into  consideration,  and  have  the  honor  to  report — ' 

That  the  description  of  this  vessel,  given  in  Mr.  Hammond's  letter  of 
the  15th  instant,  is  such  as  to  make  it  clearly  proper  that  Her  Majesty's 
government  should  use  all  legitimate  means  to  ascertain  her  true  char- 

1  No.  8. 


544  TREATY    OF   WASHINGTON. 

acter  and  destination;  and,  as  it  is  stated  by  Mr.  Hart,  in  his  letter  of 
the  23d  instant,  to  Sir  Archibald  Alison,  that  Mr.  Thomson  "  appears 
quite  ready  to  show  the  building  contract,  and  give  any  information  of 
which  he  is  possessed,"  it  appears  to  us  to*be,  perhaps,  desirable  that 
all  the  information  which  Mr.  Thomson  is  able  and  willing  to  give 
should  be  obtained  before  any  application  is  made  to  Mr.  Pembroke. 
Subject,  however,  to  this  remark,  we  see  no  objection  to  the  course  pro- 
posed by  your  lordship,  of  inquiring  from  Mr.  Pembroke  whether  he  is 
willing  to  state  for  what  purpose  this  vessel  is  being  constructed. 

We  take  notice  that  Mr.  Underwood  refers  to  the  Scotch  law  as  af- 
fording greater  facilities  than  the  English  for  conducting  a  preliminary 
investigation  into  cases  of  this  kind,  and  as  authorizing  "  an  inquiry 
and  interrogation,  under  oath  of  the  party  immediately  implicated." 
Your  lordship  will  doubtless  be  advised  upon  this  and  all  other  points 
arising  in  cases  of  the  same  kind  in  Scotland  by  the  proper  law-officers 
of  the  Crown  for  that  part  of  the  United  Kingdom. 

We  have,  &c, 

(Signed)  ROUNDELL  PALMER. 

R.  P.  COLLIER. 
ROBERT  PHILLlMORE. 


No.  10. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  26,  18G3.     (Received  October  26.) 
Sir  :  With  reference  to  my  letter  of  the  23d  instant,  I  am  commanded 
by  my  lords  commissioners  of  the  admiralty  to  send  you  herewith,  for 
the  information  of  Earl  Russell,  copy  of  a  further  letter,  dated  the  25th 
instant,  from  Captain  Farquhar,  of  the  Majestic,  giving  further  particu- 
lars respecting  the  Canton,  building  in  the  Clyde,  and  supposed  to  be 
destined  for  the  so-called  Confederate  States. 
I  am,  &c, 
(Signed)  W.  G.  ROMAHSTE. 

[474  J  *[Inciostire  in  No  10.] 

Captain  Farquhar  to  the  secretary  to  the  admiralty. 

Hogue,  Greenock,'  October  25,  1863. 

Sir  :  (Referring  to  your  confidential  letter  of  the  19th  instant,  and  its  inclosures,  I 
beg  to  lay  before  you  the  following  additional  information  which  I  have  obtained  re- 
garding tbe  Canton,  screw-steamer,  building  in  Messrs.  Thomson's  yard,  at  Glasgow. 

This  vessel  is  to  be  launched  on  the  28th  proximo,  and  afterward  taken  to  a  quay  in 
the  vicinity  to  have  her  engines  and  boilers  put  in.  Her  dimensions  are  exaggerated 
by  the  American  consul,  her  length  being  231  feet  on  upper  deck  and  33  feet  beam  over 
all. 

She  is  being  built  for  Mr.  E.  Pembroke,  of  Austin  Friars,  London,  and  her  agents  at 
Glasgow  are  Messrs.  Patrick  Henderson  &,  Co.  Although  being  fitted  up  as  a  passen- 
ger-ship, there  are  several  peculiarities  which  show  that  when  the  occasion  arose  she 
might  easily  be  converted  into  a  vessel  for  aggressive  purposes,  not,  perhaps,  so  much 
into  a  regular  man-of-war,  her  scantling  and  upper-deck  protection  being  rather  slight 
— as  into  a  second  Alabama.  Her  ports  are  being  planked  inside,  and  concealed  as 
much  as  possible  outside,  but  no  eye  or  ring-bolts  are  visible  along  her  bulwarks. 
Her  agents  will  give  no  information  as  to  her  ultimate  destination  or  employment. 
I  have,  &c, 
(Signed)        _  A.  FARQUHAR. 


BRITISH    CASE    AND     PAPERS.  545 

No.  11. 

Mr.  Bruce  to  Mr.  Hammond. 
\  [Immediate.] 

Whitehall,  October  27, 1863.     (Received  October  27.) 
Sir  :  With  reference  to  my  letter  of  the  24th  instant,  I  am  directed 
by  Secretary  Sir  George  Grey  to  transmit  to  you,  for  the  information  of 
Earl  Russell,  the  inclosed  copy  of  a  letter  from  the  sheriff  of  Lanark- 
shire, forwarding  a  further  report  from  the  procurator  fiscal  relative  to 
the  steamers  which  are  being  built  in  the  Clyde. 
I  have,  &c, 
(Signed)  H.  A.  BRUCE. 

[Inclosure  1  in  No.  11.] 

Sir  A.  Alison  to  Sir  G.  Grey. 

Sheriff's  Office,  Glasgow,  October  26,  1863. 
Sir  :  I  have  the  honor  of  inclosing  another  report  from  the  procurator  fiscal  here 
regarding  the  iron-clads  building  in  the  Clyde,  from  which  you  will  see  that  Patrick 
Henderson  &  Co.  were  the  parties  who  had  contracted  for  both  vessels,  and  that  they 
have  referred  to  a  party  in  London  as  their  employers. 
I  have,  &c, 
(Signed)  A.  ALISON. 


Ilncloeure  2  in  No.  11.] 

Mr.  Hart  to  Sir  A.  Alison. 

%  Procurator  Fiscal's  Office, 

County  Buildings,  Glasgow,  October  24,  1863. 
Dear  Sir  Archibald  :  Referring  to  my  note  of  yesterday,  I  have  to  mention  that 
I  have  now  seen  Mr.  Trevor,  of  the  customs,  and  he  informs"  me  that  he  has  seen  one 
of  the  partners  of  Patrick  Henderson  &  Co.,  who,  in  answer  to  inquiries,  reported  a 
party  in  London  as  the  one  for  whom  the  vessel  named  the  Canton  was  being  built, 
and  that  this  information  Mr.  Trevor  has  reported  at  the  secretary  of  state's  office. 

With  reference  to  the  iron-clad  vessel,  Mr.  Trevor  states  that  about  two  months  ago 
he  made  certain  inquiries,  as  directed  by  communications  received  from  the  home  office, 
and  reported  the  result,  which  was  to  the  effect  that  Patrick  Henderson  &  Co.  were 
the  parties  who  had  contracted  for  that  vessel  also,  and  that  they  had  referred 
[475]  to  a  party  *in  London  as  their  employers.  In  this  state  of  matters,  it  seems  to 
me  unnecessary  to  repeat  the  inquiries  and  to  report,  but  if  desired  I  am  ready 
to  do  so. 

I  am,  &c, 

(Signed)  WM.  HART. 


Xo.  12. 

Mr.  Hammond  to  Mr.  Bruce. 

Foreign  Office,  October  27,  1863. 
Sir  :  I  am  directed  by  Earl  Enssell  to  request  that  you  will  acquaint 
Secretary  Sir  George  Grey  that,  having  referred  to  the  law-officers  of 
the  Crown  your  letter  and  its  inclosures  of  the  24th  instant,  respecting 
the  steamer  Canton  building  in  the  Clyde,  he  has  been  advised  by  them 
that,  as  Mr.  Hart,  in  his  letter  to  Sir  Archibald  Alison  of  the  23d  in- 
H.  Ex.  282,  vol.  ii — -35 


546  TREATY    OF    WASHINGTON. 

stant,  states' that  Mr.  Thomson  appears  quite  ready  to  show  the  build- 
ing contract,  and  to  give  any  information  of  which  he  is  possessed  re- 
garding the  vessel,  it  would  be  desirable  to  obtain  all  the  information 
which  Mr.  Thomson  is  able  and  willing  to  give;  and  I  am  to  request 
that  you  will  move  Sir  George  Grey  to  give  directions  to  that  effect. 

I  am  further  to  state  to  you  that  the  law-officers  have  called  Lord 
Russell's  attention  to  the  statement  made  by  Mr.  Underwood,  the  Uni- 
ted States  consul  at  Glasgow,  in  his  letter,  of  which  a  copy  was  trans- 
mitted to  you  in  my  letter  of  the  19th  instant,  to  the  effect  that  the 
Scotch  law  affords  greater  facilities  than  the  English  law  for  conducting 
a  preliminary  investigation  into  cases  of  this  kind,  and  as  authorizing 
"  an  inquiry  and  interrogation  under  oath  of  the  party  immediately  im- 
plicated f  and  I  am  to  request  that  you  will  move  Sir  George  Grey  to 
consult  the  proper  law-officers  of  the  Crown  for  Scotland  upon  this,  and 
upon  all  other  points  arising  in  cases  Of  the  same  kind  in  that  part  of 
the  United  Kingdom. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  13. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
October  29, 1863.  (Received  October  29.) 

Sir:  Referring  to  previous  correspondence  relating  to  the  screw 
steam- vessel  stated  to  be  building  at  Glasgow,  for  the  warlike  service 
of  the  Confederate  States  of  North  America,  I  am  commanded  by  the 
lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you,  for 
the  information  of  Earl  Russell,  the  inclosed  copies  of  a  letter  and  ac- 
companying documents,  which  my  lords  have  received  from  the  com- 
missioners of  customs,  relating  to  the  vessel  in  question. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  13.] 

Mr.  Dickens  to  Mr.  Hamilton. 

Custom-House,  October  21,  1363. 
Sir  :  I  am  directed  to  acquaint  you  that,  ou  the  receipt  of  the  order  of  the  lords 
commissioners  of  Her  Majesty's  treasury,  dated  19th  instant,  on  the  suhject  of  a  screw 
steam-vessel  stated  to  be  under  construction  in  the  yard  of  Messrs.  Thomson,  at  Glas- 
gow, for  the  warlike  service  of  the  Confederate  States  of  America,  instructions  were 
at  once  forwarded  to  the  collector  of  this  revenue  at  Glasgow,  to  obtain  and  report  all 

possible  information  respecting  the  vessel  in  question  ;  and  I  now  transmit,  for 
[476]  the  information  of  their  *lordships,  a  copy  of  a  report  received  this  morning 

from  that  officer,  together  with  a  copy  of  a  report  of  the  measuring  surveyor, 
who  has  inspected  the  vessel,  and  I  am  instructed  to  state,  with  reference  to  the  letter 
of  Messrs.  II.  and  G.  Thomson,  of  which  a  copy  is  also  transmitted,  that  the  collector 
has  been  directed  to  apply  to  Messrs.  Thomson,  and  to  Messrs.  Patrick  Henderson  &■ 
Co.,  of  Glasgow,  therein  referred  to,  for  the  name  of  the  hpuse  in  London  for  which 
the  vessel  is  stated  to  have  been  built. 

I  am,  &c, 

(Signed)  GEO.  DICKINS. 


BRITISH    CASE    AND     PAPERS.  547 

[Incloaure  2  in  No.  13.  J 
Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  October  20, 1863. 

Honorable  Sirs  :  With  reference  to  your  honors'  order  of  the  16th  instant,  trans- 
mitting the  directions  of  the  lords  commissioners  of  Her  Majesty's  treasury,  with  cop  ies 
of  accompanying  papers  relating  to  a  screw-steamer  in  the  building-yard  of  Messrs. 
Thomson  at  this  port,  stated  to  be  for  the  warlike  service  of  the  Confederate  States  of 
America,  I  respectfully  report  that,  on  accidentally  hearing  a  rumor  yesterday  that  a 
vessel  in  the  yard  referred  to  was  supposed  to  be  intended  for  a  gun-boat,  I  directed 
the  measuring  surveyor  to  visit  the  vessel  and  report  the  result.  I  transmit  herewith 
his  report. 

On  the  receipt  of  your  honors'  order  I  personally  visited  the  yard,  and  have  had  an 
interview  with  Mr.  Thomson,  who  has  permitted  me  to  see  the  vessel,  and  informs  me 
it  is  proposed  to  launch  this  vessel  next  week,  when  she  is  to  be  conveyed  to  Finnies- 
ton  quay,  in  this  harbor,  to  receive  her  engines.  In  her  present  state  she  has  no  ap- 
pearance of  armament,  but  there  is  little  doubt  she  could  be  converted  into  an  armed 
vessel.  Mr.  Thomson  informs  me  she  is  built  under  contract  and  specification  for  a 
house  in  London,  whose  agents  at  Glasgow  are  Messrs.  Patrick  Henderson  &,  Co.,  and 
he  has  promised  to  send  me  a  letter  to  this  effect,  stating  the  house  to  which  he  refer  s. 
I  have  informed  him  that  the  vessel  will  not  be  allowed  to  leave  this  port  until  direc- 
tions are  received  from  the  government. 

Since  writing  the  above,  I  have  received  the  letter  from  Messrs.  Thomson,  which  I 
annex. 

Respectfully,  &c, 

(Signed)  FREDK.  TREVOR,  Collector. 

P.  S. — The  Messrs.  Thomson  do  not  give  the  name  of  the  house  in  London.  I  will, 
however,  make  inquiry  to-morrow  of  Messrs.  Patrick  Henderson  &  Co.,  and  report  the 
result. 

F.  T. 


[Inclosure  3  in  No.  13.J 
Mr.  Costello  to  Mr.  Trevor. 

Custom-House  Glasgow,  October  20,  1863. 

Sir  :  I  beg  to  state  that,  in  accordance  with  your  directions  received  yesterday,  I 
proceeded  the  first  thing  this  morning  to  the  building-yard  of  Messrs.  J.  and  G.  Thom- 
son for  the  purpose  of  examining  the  screw-steamer  Canton.  I  find  she  has  nine  ports 
hinged  and  fitted  on  either  side,  four  large  ports  very  similar  to  the  ordinary  cargo 
ports,  and  five  smaller  ones,  and  from  present  appearances  it  looks  as  if  the  intention 
was  to  shut  up  from  the  inside  by  planking  the  bulwarks  from  deck  to  rail,  except 
from  the  large  ports,  i.  e.,  two  on  either  side.  The  front  bulk-head  of  the  top-gallant 
forecastle  is  not  fitted  in  the  usual  manner,  but  is  composed  of  a  series  of  doors  hinged 
at  the  top,  and  capable  of  being  lifted  up  and  secured  to  the  under  side  of  forecastle 
deck,  or  removed  at  pleasure.  Her  fittings,  as  far  as  cabin  accommodation,  &c,  are 
concerned,  are,  to  say  the  least,  unusual,  but  in  the  present  unfinished  state  of  the 
ship  it  is  difficult  to  say  for  what  purpose  they  are  intended.  The  poop  is  at ,  present 
divided  into  two  compartments  aft,  the  front  part  forming  one  saloon  or  cuddy.     The 

space  between  decks  aft  is  divided  into  two  cabins  entered  by  separate  eompan- 
[475]  ions,  both  being  fitted  with  state-rooms,  the  fore  one  being  the  smaller  of  *the 

two  ;  these  cabins  are  now  being  fitted  up.  I  beg  to  add  that  the  frames  of  the 
Canton  are  of  iron-planking,  teak  above  the  load-line,  the  t6p  sides  are  plated  with  iron 
in  the  usual  manner,  her  engine-room  is  78  feet  in  length,  the  coal-bunker  being  fitted 
at  the  sides  in  the  usual  way.  She  is  also  fitted  with  a  lifting-screw.  I  also  beg  to 
add  that,  when  I  surveyed  the  vessel  for  tonnage,  she  had  no  internal  fittings  what- 
ever, and  presented  the  usual  appearance  of  merchant  ships  of  her  size.  The  dimen- 
sions are  :  length,  231  feet;  breadth,  33  feet;.  duDth  at  midships,  as  taken  for  tonnage, 
18-ar>. 

I  am,  &.c,  f 

'Signed)  M.  COSTELLO, 

Measuriny-Surveyor. 


548  TREATY    OF    WASHINGTON. 

[Inclosure  4  in  No.  13.] 

Messrs.  J.  and  G.  Thomson  to  Mr.  Trevor. 

Clyde  Bank  Foundery, 

Glasgow,  October  20,  1863. 
Dear  Sir  :  As  requested  by  you,  we  beg  to  confirm  the  verbal  information  we  gave 
to  you  at  our  yard  to-day,  viz,  that  the  vessel,  No.  64  of  our  series,  is  building  by  us 
through  the  order  of  Messrs.  Patrick  Henderson  &  Co.,  of  this  city.    We  are  quite 
ready  to  exhibit  the  contract  and  specifications  when  required. 
We  are,  &c, 
(Signed)  GEORGE  AND  JAMES  THOMSON. 


No.  14. 


Mr.  Hamilton  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers, 
October  29,  1863.     (Eeceived  October  29.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  with  reference  to  previous  correspondence 
on  the  subject  of  the  screw- steamer  building  at  Glasgow,  as  has  been 
stated,  for  the  warlike  service  of  the  Confederate  States  of  North 
America,  the  inclosed  copies  of  a  letter  from  the  board  of  customs,  and 
the  accompanying  papers ;  and  I  am  to  request  that  you  will  move  Earl 
.Russell  to  inform  my  lords  of  any  directions  which  he  may  desire  should 
be  given  respecting  this  ship. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  14.] 

Mr.  Dichins  to  Mr.  Hammond. 

Custom-House,  London,  October  29,  1863. 
Sir  :  With  reference  to  my  letters  of  the  21st  and  22d  instant,  on  the  subject  of  the 
steamer  Canton,  now  in  the  building-yard  of  Messrs.  Thomson,  at  Glasgow,  and  sus- 
pected of  being  intended  for  the  warlike  service  of  the  Confederate  States  of  America, 
I  am  now  desired  to  transmit  to  you,  for  such  directions  as  the  lords  commissioners  of 
Her  Majesty's  treasury  may  think  fit  to  give  thereon,  copy  of  a  report  of  the  collector 
of  this  revenue  at  Glasgow,  stating  that  the  vessel  in  question  would  be  launched  tbis 
day,  and  requesting  instructions  for  his  guidance  in  the  event  of  any  attempt  being 
made  to  move  the  vessel  down  the  river. 
I  am,  &c, 
(Signed)  GEO.  DICKINS. 


[478"]  *  [Inclosure  2  in  No.  14.] 

Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgoiv,  October  23,  18G3. 
Honorable  Sirs  :  With  reference  to  my  previous  reports  on  the  subject  of  the 
steamer  Canton,  now  in  the  building-yard  of  Messrs.  Thomson,  and  supposed  to  be 
intended  for  warlike  purposes  in  the  service  of  the  Confederate  States  of  America,  I 
transmit  herewith  a  letter  from  the  agents,  Messrs.  Patrick  Henderson  &  Co.,  intimat- 
ing that  the  vessel  will  be  launched  to-morrow.    I  understand  it  is  intended,  imme- 


BRITISH    CASE    AND    PAPERS.  54$ 

diately  after  being  launched  to  remove  the  vessel  to  Finnieston  quay,  to  put  in  the 
machinery;  but  in  the  event  of  any  attempt  to  take  the  vessel  down  the  river,  I 
respectfully  request  instructions  whether  I  am  to  stop  her,  or  what  other  steps  I  am 
to  take. 

It  may  be  proper  also  to  state  that  I  have  had  two  interviews  with  Mr.  Underwood, 
the  consul  of  the  United  States  in  this  city,  upon  whose  representation  the  present 
inquiry  is  being  made ;  the  first  of  them,  on  accidentally  meeting  him  in  the  street 
yesterday  afternoon,  and  by  his  calling  on  me  at  the  custom-house  this  morning.  Ho 
appears  satisfied  that  the  vessel  is  intended  for  another  Alabama.  I  acquainted  him 
that  full  inquiry  was  being  made,  the  result  of  which  would  be  officially  reported ; 
that  I  was  not  authorized  officially  to  communicate  with  him,  but  that  I  may  state 
generally  the  builder  had  offered  to  show  the  contract  and  specification  under  which 
the  vessel  was  built,  and  that  at  present  there  was  no  appearance  of  armament  on 
board,  although  she  may  be  hereafter  converted  into  an  armed  vessel.  I  further  as- 
sured him  that,  if  he  wished  further  inquiry  as  regards  this  or  any  other  vessel  in  the 
Clyde,  it  would  be  my  duty  forthwith  to  investigate  as  far  as  possible  any  circum- 
stances he  may  represent  in  writing,  reporting  the  result,  transmitting  his  letter  to 
your  honors,  and  he  .would  receive  a  reply  in  due  course.  He  said  I  should  probably 
hear  from  him  shortly. 

Respectfully,  &c, 

(Signed)  F.  W.  TREVOR, 

Collector. 


[Inclosure  3  iu  Xo.  14.] 
Messrs.  Henderson  4'  Co.  to  Mr.  Trevor. 

Glasgow,  October  28,  1883. 
Dear  Sir  :    We  iuteud  to  launch  to-morrow,  at  2  o'clock,  the  steamer  you  were 
lately  inquiring  about,  and  if  convenient,  we  shall  feel  honored  by  your  presence  on 
the  occasion. 

We  are,  &c, 

(Signed)  P.  HENDERSON  &  CO. 


ISTo.  15. 

Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  October  29, 1863. 
Sir  :  In  reply  to  your  letters  of  this  day's  date,  respecting  the  ship 
Canton,  now  being  constructed  in  Messrs.  Thomson's  yard  on  the  Clyde, 
and  which  is  alleged  to  be  intended  for  the  service  of  the  so-styled  Con- 
federate States,  I  am  directed  by  Earl  Eussell  to  request  that  you  will 
state  to  the  lords  commissioners  of  the  treasury  that  his  lordship  is  of 
opinion  that  it  would  be  better  to  wait  a  few  days  before  taking  any 
definite  steps  in  the  matter;   but  it  would  be  as  well  that  a  vigilant 
watch  should  be  kept  on  the  vessel,  and  that  the  home  office  should 
obtain  all  the  information  they  can  acquire  regarding  it,  in  order  that 
the  board  of  treasury  may  be  apprised  of  anything  which  the  home 
department  may  be  able  to  ascertain. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[479]         .  •         *No.  16. 

Mr.  Hammond  to  the  secretary  to  the  admiralty.1 

Foreign  Office,  October  29,  1863. 
Sir  :  With  reference  to  your  letter  of  the  27th  instant,  I  am  directed 
by  Earl  Eussell  to  transmit  to  you,  to  be  laid  before  the  lords  commis- 

'A  similar  letter  was  addressed  to  the  home  office. 


550  TREATY    OF    WASHINGTON. 

sioners  of  the  admiralty,  a  copy  of  a  letter  which  his  lordship  has 
caused  to  be  addressed  to  the  board  of  treasury  relative  to  the  vessel 
Canton,1  which  is  being  constructed  on  the  Clyde,  and  which  is  alleged 
to  be  intended  for  the  service  of  the  so- styled  Confederate  States. 

I  am,  &c, 

(Signed)  ?  E.  HAMMOND. 


No.  17. 

Mr.  Bruce  to  Mr.  Hammond. 

[Immediate. 

Whitehall,  October  30, 1863.  (Eeceived  October  30.) 
Sir:  I  have  laid  your  letters  of  the  27th  and  29th  instant  before 
Secretary  Sir  George  Grey,  and  I  am  to  acquaint  you,  for  the  informa- 
tion of  Earl  Russell,  that,  in  accordance  with  his  lordship's  request, 
communications  have  been  made  to  the  lord  advocate  and  to  the  sheriff 
of  Lanarkshire,  with  the  view  of  obtaining  the  information  reverted  to 
in  your  letters  respecting  the  Canton,  and  the  power  of  investigation 
given  by  the  Scotch  law  in  such  a  case ;  and,  a£  soon  as  replies  are 
received  from  the  lord  advocate  and  the  sheriff,  copies  of  them  will  be 
forwarded  to  you. 

I  am,  &c, 

(Signed)  H.  A.  BRUCE. 


No.  18. 

Memorial  frcm  the  Glasgow  Emancipation  Society.    Eeceived  November  9. 

Unto  the  Right  Honorable  Earl  Russell,  Her  Majesty's  principal  secretary 
of  state  for  foreign  affairs : 

The  memorial  of  the  committee  of  the  Glasgow  Emancipation  Society 
humbly  showeth : 

That  a  vessel  of  the  same  description  as  the  Alabama  has  been 
launched,  (and  is  now  in  the  harbor  of  Glasgow,)  from  the  building-yard 
of  Messrs.  James  and  George  Thomson,  into  which  machinery  is  being 
rapidly  placed,  with  the  view  of  hurrying  her  out  to  sea,  which  probably 
will  be  done  immediately,  though  in  a  very  incomplete  condition. 

That  this  vessel  is  currently  reported  to  be  for  the  so-called  con- 
federate government  of  America,  and  to  have  been  contracted  for  by 
Messrs.  W.  S.  Lindsay  and  Company,  of  London.  That  said  vessel 
was  fitted  up  with  gun-ports,  ring-bolts  for  gun-tackles,  powder-maga- 
zines, and  shot-racks ;  but  that  these  fittings  were  recently  taken  out 
to  some  extent — the  gun-ports  temporarily  fitted  up,  and  their  appear- 
ance as  much  as  possible  disguised,  by  the  seams  being  puttied  and 
painted  over. 

That  she  has  been  superintended  in  her  construction  by  parties  under- 
stood to  be  southern  agents,  and  that  Captain  Maffit,  who  commanded 
the  confederate  privateer  Florida,  has  been  within  these  few  days  in 

JNo.  15. 


BRITISH    CASE    AND    PAPERS.  551 

Glasgow,  and  is  still  understood  to  be  here,  waiting  to  take  the  com- 
mand of  this  vessel. 

Your  memorialists  therefore  implore  your  lordship  to  take  immediate 
steps  to  prevent  the  departure  of  this  vessel,  until  a  satisfactory  inves- 
tigation has  been  made  into  her  charter,  ownership,  and  destination. 

And  your  memorialists  will  ever  pray. 

Signed  in  name  and  on  behalf  of  the  committee  of  the  Glasgow 
Emancipation  Society,  this  4th  day  of  November,  1863. 

(Signed)  WILLIAM  SMEAL, 

ANDREW  PATON, 

Secretaries. 


[480]  *No.  19. 

Mr.  Hammond  to  Mr.  Waddington. 
[Pressing.] 

Foreign  Office,  November  6, 1863. 

Sir  :  I  am  directed  by  Earl  Eussell  to  request  that  you  will  move 
Secretary  Sir  George  Grey  to  cause  his  lordship  to  be  informed  whether 
any  reports  have  been  received  at  the  home  office  on  the  points  bearing 
on  the  case  of  the  steam- vessel  Canton,  now  fitting  in  the  Clyde,  referred 
to  in  my  letter  of  the  27th  of  October,  and  in  your  letter  of  the  30th  of 
October,  namely,  the  contract  under  which  that  vessel  is  being  built, 
and  the  facilities  afforded  by  the  Scotch  law  for  inquiring  into  a  matter 
of  this  description. 

If  no  such  reports  have  yet  been  received,  Lord  Russell  would  suggest 
that  the  authorities  to  whom  reference  has  been  made  should  be  waited 
upon  for  an  immediate  reply,  as  the  vessel  is  launched,  and  is  now  being 
provided  with  her  machinery. 
I  am,  &c, 
(Signed)  ,  E.  HAMMOND. 


No.  20. 

Mr.  Hammond  to  Messrs.  Smeal  and  Paton. 

Foreign  Office,  November  7,  1863. 
Gentlemen:  I  am  directed  by  Earl  Russell  to  acknowledge  the 
receipt  of  the  memorandum  dated  the  4th  instant,  and  signed  by  you 
on  behalf  of  the  Glasgow  Emancipation  Society,  requesting  the  inter- 
ference of  Her  Majesty's  government  to  prevent  the  departure  from  that 
port  of  the  steam- vessel  Canton,  until  an  investigation  has  taken  place 
as  to  her  character,  ownership,  and  destination ;  and  I  am  to  acquaint 
you,  in  reply,  that  the  attention  of  Her  Majesty's  government  has  already 
been  directed  to  this  matter. 

I  am,  &c, 

(Signed)  E.  HAMMONH. 


552  TREATY    OF    WASHINGTON. 

No.  21. 

Mr.  Hammond  to  the  secretary  to  the  treasury.1 

[Immediate.] 

Foreign  Office,  November  t,  1863. 
Sir  :  With  reference  to  previous  correspondence  respecting  the  steam- 
vessel  Canton,  which  is  supposed  to  be  fitting  out  in  the  Clyde  for 
the  service  of  the  so-styled  Confederate  States,  I  am  directed  by  Earl 
Eussell  to  transmit  to  you,  for  the  information  of  Secretary  Sir  George 
Grey,  a  copy  of  the  memorial  from  the  Glasgow  Emancipation  Society, 
requesting  the  interference  of  Her  Majesty's  government  to  prevent  the 
departure  of  this  vessel.2 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  22. 

Mr.  Waddington  to  Mr.  Hammond. 
[Immediate.] 

Whitehall,  November  7, 1863.  (Keceived  November  7.) 
Sir  :  With  reference  to  your  letters  of  the  27th  ultimo  and  6th  instant, 
I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you  the 
inclosed  copy  of  a  letter  from  the  lord  advocate,  and  a  copy  of  the  joint 
opinion  of  his  lordship  and  the  solicitor-general  for  Scotland,  in  the 
matter  of  the  steamer  Canton,  which  is  being  built  in  the  yard  of  Messrs. 
Thomson  in  the  Clyde,  and  is  supposed  to  be  intended  for  the  service  of 
the  so-called  Confederate  States ;  and  I  am  to  request  that  you  will 
submit  the  same  to  Earl  Russell  for  his  information,  and  at  the  same 
time  to  call  his  lordship's  attention  to  the  paragraph  of  the  lord 
advocate's  letter  in  which  he  states  that  he  "  will  be  prepared  to  pro- 
ceed on  receiving  the  instructions  of  the  government." 

I  am,  &c, 

(Signed)  H.  WADDINGTON.' 


[481]  *[IuclosurelinXo.  22.] 

Sir  J.  Moncrieff  to  Mr.  Bruce. 

Edinburgh,  November  6,  1863. ' 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  30th  ultimo, 
transmitting  an  extract  of  a  letter  from  the  foreign  office  of  date  the  27th  ultimo,  and 
a  copy  of  the  letter  therein  referred  to  from  Mr.  Underwood,  the  United  States  consul 
at  Glasgow,  relative  to  a  steamer  which  is  being  built  in  the  yard  of  Messrs.  Thomson 
in  the  Clyde,  and  supposed  to  be  intended  for  the  service  of  the  so-called  Confederate 
States,  and  requesting  my  opinion  as  to  the  facilities  afforded  by  the  Scotch  law  for 
conducting  a  preliminary  investigation  into  cases  of  this  kind.  I  have  the  honor  to 
state,  for  the  information  of  Secretary  Sir  George  Grey,  that  I  thought  it  right  to  con- 
join the  solicitor-general  in  the  opinion  which  I  transmit  herewith. 

I  have  given  instructions  for  the  examination  of  Mr.  Underwood,  and  for  ascertaining 
such  other  facts  as  may  be  accessible,  with  a  view  to  the  preparation  of  such  an  appli- 
cation to  the  court  as  is  suggested  in  the  opinion,  and  I  shall  be  prepared  to  proceed 
on  receiving  the  instructions  of  government. 

I  have,  &c, 

(Signed)  J.  MONCRIEFF. 

1 A  similar  letter  was  addressed  to  the  home  office.  Enclosure  in  No.  18. 


BRITISH    CASE    AND    PAPERS.  553 

|  Inclosure  2  in  No.  22.] 
Opinion. 

We  have  carefully  considered  the  matters  referred  to  in  Mr.  Hammond's  letter  to  the 
home  office  of  the  27th  October,  and  that  from  Mr.  Underwood,  the  American  consul  at 
Glasgow,  of  date  the  15th  October,  in  reference  to  the  foreign-enlistment  act,  and  to 
the  proceedings  which  may  be  properly  taken  under  that  act  in  cases  occurring  in 
Scotland.  The  statute  itself  is  drawn  almost  entirely  with  reference  to  English  pro- 
cedure, but  the  course  specially  directed  to  be  followed  is  not  inapplicable  to  Scotland, 
although,  as  regards  criminal  prosecutions  for  offenses  under  it,  it  does  not  appear  to 
contemplate  the  ordinary  action  of  the  public  prosecutor.  The  procedure  directed  by 
the  fourth  section  of  the  statute  may  be  held  to  exclude  the  interference  of  the  sheriff, 
who  is  the  ordinary  executive  and  magisterial  officer  through  whom  the  public  prose- 
cutor in  Scotland  acts  ;  and  it  is  certainly  doubtful  whether,  in  criminal  prosecutions 
in  Scotland,  it  might  not  be  successfully  contended  that  the  fourth  section  of  the 
statute  must  be  implicitly  followed. 

We  are  not,  therefore,  prepared  to  say  that  this  statutory  offense  rould  competently 
follow  the  ordinary  course  pursued  in  public  prosecutions  in  Scotland.  Mr.  Under- 
wood, however,  is  entirely  mistaken  in  supposing  that  the  law  of  Scotland  gives  any 
sanction  to-  the  examination  upon  oath  of  persons  accused  of  crime.  It  permits 
them  to  make  what  is  called  a  declaration  before  the  magistrate,  at  which  time  they 
may  be  asked  questions  by  the  procurator-fiscal,  which  they  may  answer  or  not  as 
they  choose,  and  they  are  uniformly  warned  to  that  effect  before  the  declaration  is 
taken. 

The  public  prosecutor  has  the  right,  in  the  course  of  the  initial  investigation  before 
trial,  if  a  witness  refuse  to  answer  questions  which  he  is  asked,  to  apply  to  the  sheriff 
for  a  warrant  to  examine  such  witness  upon  oath.  But  this  is  a  right  very  rarely  and 
very  scrupulously  exercised  ;  and  the  more  so,  that  it  is  generally  held  that  a  witness 
so  examined  upon  oath  is  afterward  protected  from  prosecution. 

The  public  prosecutor  may  also,  in  cases  in  which  he  thinks  there  is  an  urgent  neces- 
sity, apply  to  the  sheriff  for  a  warrant  to  seize  books  or  papers  belonging  to  parties 
accused  of  crime,  as  well  as  for  the  seizure  or  detention  of  property,  if  these  steps  ap- 
pear to  him  to  be  nesessary  to  the  ends  of  justice.  But  they  are  proceedings  never 
resorted  to  except  in  cases  of  great  and  manifest  crime. 

In  the  circumstances  described  by  Mr.  Underwood  we  are  very  clearly  of  opinion  that 
it  is  inexpedient,  and  have  great  doubts,  if,  under  the  foreign-enlistment  act,  it  would 
be  competent  to  adopt  any  such  proceedings  as  those  we  have  referred  to  ;  even  if  their 
competency  were  not  doubtful,  we  should  think  that  it  would  be  an  unjustifiable 
stretch  of  the  powers  of  the  public  prosecutor  to  resort  to  them  in  a  case  in  which 
it  still  remains  a  matter  of  dispute  whether  the  facts  alleged  against  the  parties  im- 
plicated amount  to  a  crime. 

We  are,  however,  of  opinion  that  the  object  which  Her  Majesty's  government  has  in 
view  of  detaining  the  vessel  in  question,  and  having  its  character  under  the 
[482]  foreign-* enlistment  act  ascertained,  may  be  accomplished  by  having  recourse  to 
the  civil  tribunals  in  an  action  for  forfeiture  of  the  vessel,  combined  with  an 
application  for  an  interdict  against  the  sailing  of  the  vessel  until  the  question  under 
the  act  is  disposed  of.  If  a  prima-facie  case  can  be  stated  on  the  part  of  the  govern- 
ment in  regard  to  the  character  and  destination  of  the  vessel  in  question,  so  as  to 
bring  it  within  the  scope  of  the  foreign-enlistment  act,  we  think  it  probable  that  the 
court  would  at  once  interdict  the  removal  of  the  vessel  until  the  legal  question  should 
be  determined ;  and  it  would  also  be  competent  for  the  court,  and  we  think  it  not  im- 
probable that  they  would  exercise  that  power,  to  grant  an  order  for  the  recovery  of  all 
books  and  papers  relative  to  the  vessel,  under  which  the  parties  would  be  examined 
upon  path,  and  would  be  obliged  to  produce  what  documents  they  held,  and  to  explain 
whether  any  of  those  called  for  had  been  destroyed  or  were  in  the  hands  of  third  par- 
ties. If  such  an  order  were  granted,  its  execution  would  probably  be  the  most  effectual 
means  of  obtaining  the  evidence  desired. 

(Signed)  J.  MONCRIEFF. 


Edinburgh,  November  6, 1863. 


Y.  YOUNG. 


No.  23. 

Mr.  Waddington  to  Mr.  Hammond. 
[Immediate.] 

Whitehall,  November  7, 1863.     (Received  November  7.) 
Sir  :  With  reference  to  your  letter  of  the  27th,  and  Mr.  Bruce's  reply 


554  TREATY    OF   WASHINGTON. 

of  the  30th  ultimo,  I  am  directed  by  Secretary  Sir  George  Grey  to 
transmit  to  you  the  inclosed  copies  of  letters  from  the  sheriff  and  pro- 
curator-fiscal of  Lanarkshire,  and  of  the  specification  of  the  ship  Can- 
ton, and  to  request  that  you  will  submit  the  same  to  Earl  Eussell  for 
his  lordship's  information. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[Inclosure  1  in  !No.  23.] 
Sir  A.  Alison  to  Sir  G.  Grey. 

Sheriff's  Office,  Glasgow,  November  4, 1863. 
Sir  :  I  have  now  the  honor  of  inclosing  the  specifications  and  contracts  regarding  the 
ship  Canton,  now  lying  in  the  Clyde,  with  a  full  letter  of  information  regarding  it, 
obtained  by  Mr.  Hart,  the  procurator-fiscal,  which  I  trust  will  afford  all  the  informa- 
tion desired  by  Her  Majesty's  government. 
I  have,  &c, 
(Signed)  A.  ALISON. 


[Inclosure  2  in  No.  23.] 

Mr.  Hart  to  Sir  A.  Alison. 

Procurator-Fiscal's  Office, 
County  Buildings,  Glasgow,  November  3,  1863. 

Dear  Sir  Archibald  :  Referring  to  the  letter  of  date  30th  October,  from  the  home 
office,  I  have  to  mention  that  I  have  made  further  inquiries  relative  to  the  ship  Canton. 
I  have  again  seen  Mr.  Thomson,  who  has  exhibited  the  specifications  according  to 
which  she  has  been  built,  and  has  kindly  allowed  me  to  take  a  copy  of  them,  which  I 
now  send  inclosed,  and  which  he  says  are  the  specifications  specially  referred  to  in 
the  contract.  . 

The  contract  is  betwixt  him,  under  his  firm  of  J.  and  G.  Thomson,  and  Mr.  Edward 
Pembroke,  No.  8  Austin  Friars,  London,  and  was  entered  into  under  the  directions  of 
Patrick  Henderson  &  Co.,  of  this  city,  as  the  brokers  of  Mr.  Pembroke. 

The  vessel  has  now  been  launched,  and  is  lying  at  the  Finnieston  crane,  in  the  Clyde 
Harbor,  to  receive  her  engines,  and  she  is  expected  to  be  completed  about  six  weeks 
hence.  I  called  at  the  office  of  P.  Henderson  &  Co.,  and  Mr.  Robert  Henderson  of  that 
firm  has  corroborated  Mr.  Thomson's  statement ;  but  the  contract  is  in  the  hands  of 
Mr.  Galbraith  of  that  firm,  who  is  out  of  town  to-day.  I  have  seen  Mr.  Forbes, 
[483]  of  *Moncrieff,  Paterson  Forbes  &  Ban,  of  this  city,  who  prepared  the  contract, 
*  and  Mr.  Forbes  showed  me  the  draught  of  the  contract,  and  I  find  it  is  precisely  in 
the  terms  mentioned  by  Mr.  Thomson ;  and  all  the  parties  whom  I  have  seen  have 
expressed  the  conviction  that  the  vessel  is  intended  for  merchant  service,  and  say 
they  are  not  aware  of  any  intention  to  dispose  of  her  to  either  of  the  belligerent  par- 
ties in  America. 

It  does  not  occur  to  me  that  the  matter  can  be  further  expiscated  except  by  inquiries 
at  Mr.  Pembroke,  in  London ;  but  I  shall  be  glad  to  attend  to  any  further  directions 
that  may  be  given  on  the  subject. 

I  am,  &c,  '  . 

(Signed)  WM.  HART. 


No.  24. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

[Immediate.] 

Foreign  Office,  November  8, 1863. 
Sir  :  With  reference  to  your  letter  of  the  23d  and  26th  ultimo  respect- 
ing the  steam-vessel  Canton,  now  fitting  in  the  Clyde,  and  suspected  to 
be  intended  for  the  service  of  the  •  so-called  Confederate  States,  I  am 


BRITISH    CASE    AND     PAPERS.  555 

directed  by  Earl  Eussell  to  transmit  to  you  herewith  the  specifications 
according  to  which  that  vessel  has  been  built  and  is  to  be  fitted ;  and  I 
am  to  request  that  you  will  move  the  lords  commissioners  of  the  admi- 
ralty to  cause  the  same  to  be  examined  by  some  competent  person,  who 
shall  be  required  to  report  whether  there  is  anything  in  the  specification 
te  show  that  the  Canton  is  intended  for  a  vessel  of  war. 

I  am  to  request  that  the  specification  may  be  returned  to  this  office. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  25. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  November  9, 1863.  (Eeceived  November  10.) 
Sir  :  I  have  laid  before  Secretary  Sir  George  Grey  your  letter  of  the 
7th  instant,  inclosing  a  copy  of  a  memorial  from  the  Glasgow  Emanci- 
pation Society  in  the  matter  of  the  Canton ;  and  I  am  to  acquaint  you, 
for  the  information  of  Earl  Eussell,  that  the  memorial  has  been  commu- 
nicated to  the  sheriff  of  Lanarkshire,  and  he  has  been  requested  to  fur- 
nish any  further  information  which  he  may  be  able  to  obtain  on  the 
subject.  i 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


No.  26. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  November  11, 1863.  (Eeceived  November  11.) 
Sir  :  With  reference  to  your  letter  of  the  8th  instant,  transmitting 
specifications,  according  to  which  the  steam-vessel  Canton,  now  fitting 
in  the  Clyde,  and  suspected  to  be  intended  for  the  service  of  the  so-called 
Confederate  States,  has  been  built  and  is  to  be  fitted,  and  requesting  to 
be  informed  whether  there  is  anything  in  the  specifications  to  show  that 
the  Canton  is  intended  for  a  vessel  of  war,  I  am  commanded  by  my 
lords  commissioners  of  the  admiralty  to  transmit  herewith,  for  the  in- 
formation of  Earl  Eussell,  a  copy  of  a  report  from  the  chief  constructor 
of  the  navy  on  the  above  subject. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 


[484]  *[Inclosure  in  No.  26.] 

Mr.  Reed  to  the  controller  of  the  navy. 

Admiralty,  November  10,  1863. 

Sir  :  I  beg  leave  to  report  that,  in  accordance  with  your  instructions,  I  have  exam- 
ined the  accompanying  specifications,  and  am  unable  to  discover  in  it  any  positive  evi- 
dence that  the  vessel  building  therefrom  is  designed  for  war  purposes. 

It  is  to  be  observed,  however,  that  the  upper  deck  is  of  unusual  thickness,  and  pro- 
vision is  made,  on  page  5,  for  laying  certain  undefined  portions  of  it  with  oak,  which 
is  necessary  if  guns  are  to  be  worked  there ;  and,  on  page  6,  it  is  provided  that  the 
bulwarks  which  would  require  to  be  specially  adapted  for  receiving  gun-fittings,  are  to 


556  TREATY    OF    WASHINGTON. 

be  fitted  to  some  plan  whicli  is  not  described,  but  which  the  owners  are  to  furnish  or 
approve. 

It  is  in  the  construction  of  the  upper  deck  and  of  the  bulwarks  that  special  adapta- 
tions for  war  purposes  are  to  be  looked  for,  and  consequently  these  passages  of  the 
specification  afford  some  grounds  of  suspicion. 

I  have,  &c, 

(Signed)  E.  J.  REED. 


^To.  27. 

Mr.  Peel  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chamaers, 
November  11,  1863.  (Received  November  11.) 
Sir  :  With  reference  to  your  letter  of  the  7th  instant  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you 
copy  of  a  letter  from  the  commissioners  of  customs,  together  with  its 
inclosures,  respecting  the  vessel  Canton,  now  Pampero,  building  at 
Glasgow. 

I  have,  &c, 

(Signed)  F.  PEEL. 


[Inclosure  1  in  No.  27.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  November  11,  1863. 
Sm :  With  reference  to  Mr.  Arbuthnot's  letter  of  the  9th  instant,  transmitting  for 
the  information  of  this  board  copy  of  a  letter  from  the  foreign  office,  with  copy  of  a 
memorial  of  the  committee  of  the  Glasgow  Emancipation  Society,  requesting  that  im- 
mediate steps  might  be  taken  to  prevent  the  departure  of  the  vessel  Canton,  (since 
named  the  Pampero,)  on  the  ground  that  she  is  intended  for  the  service  of  the  Confed- 
erate States  of  America,  I  am  directed  to  acquaint  you  that,  on  the  receipt  of  Mr.  Ar- 
buthnot's  letter,  the  board  instructed  their  collector  at  Glasgow  forthwith  to  report  the 
present  state  of  the  vessel,  and  whether  there  was  any  ground  to  suppose  that  she 
would  be  hurried  off  to  sea,  and  his  observations  generally  respecting  the  statements 
in  the  memorial;  and,  inclosed,  I  transmit,  for  the  information  of  the  lords  commis- 
sioners of  Her  Majesty's  treasury,  and  for  such  directions  as  their  lordships  may  be 
pleased  to  give  thereon,  copies  of  two  reports  from  the  collector  at  Glasgow,  of  yester- 
day's date,  with  copies  of  the  letters  referred  to  in  the  first  report,  and  the  original 
affidavits,  &c,  referred  to  in  the  second. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


£485]  *  [Inclosure  2  in  No.  27.] 

Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Liverpool,  November  10,  18C3. 

Honorable  Sirs:  With  reference  to  your  honors' order  of  the  9th  instant,  inclosing 
copy  of  a  memorial  to  the  Right  Honorable  the  Earl  Russell  from  the  Glasgow  Emanci- 
pation Society,  relative  to  the  vessel,  Canton,  recently  launched  from  the  yard  of  Messrs. 
Thomson,  I  respectfully  report  that,  prior  to  being  launched,  the  name  of  this  vessel  was 
changed,  and  she  is  now  called  Pampero.  She  is  being  fitted  rapidly,  and  may 
shortly  be  in  a  state  to  be  removed  down  the  river  by  a  tug  even  before  her  own  en- 
gines are  ready. 

On  Saturday  last  the  consul  of  the  United  States  in  this  city  called  upon  me  and 
verbally  informed  me  that  Captain  Maffit,  who  is  reported  to  be  commander  of  the 
confederate  privateer  Florida,  was   here,  under  the  assumed  name  of  Major  Bissett, 


BRITISH    CASE    AND    PAPERS.  557 

superintending  the  fittings  of  the  vessel,  among  which  were  water-cocks  to  lower  the 
vessel  in  the  water  when  desired,  means  for  erecting  mess-racks,  viz,  sixteen  to  accom- 
modate eight  men  each,  and  that  150  lockers  had  been  made  and  marked  to  be  fitted 
when  required.  He  also  stated  that  in  the  front  of  the  scroll-head  there  was  carved  a 
figure  representing  the  Goddess  of  Liberty,  with  palmetto  branches  at  her  feet. 

I  immediately  communicated  this  information  to  the  measuring  surveyor,  and 
directed  his  attention  thereto.  He  yesterday  made  his  report,  which  I  anDex.  This 
morning  I  addressed  a  note  to  the  United  States  consul  to  request  he  would  furnish 
what  proof  he  had  that  Captain  Maffit  was  here,  and  I  inclose  his  reply  for  any  further 
directions  it  may  be  deemed  advisable  to  take. 

There  is  very  little  doubt  this  vessel  is  not  intended  to  be  used  for  a  merchant- vessel, 
although  I  am  not  aware  she  is  fitted  with  any  one  article  that  may  not  be  used  by  a 
merchant-vessel ;  and  it  is  for  consideration  whether  the  fact,  supposing  it  can  be 
proved,  that  she  is  being  fitted  under  the  supervision  of  Captain  Maffit  will  bring  her 
within  the  provisions  of  the  7th  section  of  the  foreign-enlistment  act. 

At  present  she  is  being  measured  for  registry  as  a  British  vessel,  but  builder's  certifi- 
cate and  declaration  of  ownership  have  not  been  produced  to  me,  consequently,  under 
the  19$h  section  of  the  merchant  shipping  act,  (part  2,)  she  is  prohibited  from  going  to 
sea  until  certificate  of  registry  be  produced.  It  may,  however,  be  attempted  to  take 
her  to  sea  without  registry,  in  which  case  she  can,  I  apprehend,  be  detained  under  the 
102d  section  of  that  act. 

I  have  given  instructions  to  have  this  vessel  carefully  watched,  and  in  the  event  of 
her  being  removed,  either  by  night  or  day,  the  circumstance  may  be  reported  to  me. 
Respectfully,  &c, 
(Signed)  FRED.  W.  TREVOR, 

Collector. 

P.  S. — Since  writing  the  above  I  have  been  called  on  by  the  American  consul  to  re- 
ceive affidavits  regarding  this  vessel  under  the  foreign-enlistment  act,  which  will  b© 
forwarded  by  first  post  after  the  same  are  completed. 

F.  W.  T. 

November  11, 1863. 


[Iuclosare  3  in  No.  27.] 

Mr.  Costello  to  Mr.  Trevor. 

Custom-House,  November  9,  1863. 
Sir  :  Referring  to  your  instructions  and  memorandum  received  on  Saturday  last,  I 
beg  to  state  that  I  visited  and  examined  the  Pampero  this  morning.  I  find  she  has  an 
allegorical  figure  on  the  front  of  the  scroll-head,  similar  to  that  described  in  your  note. 
There  are  two  large  water-tanks  in  the  fore  hold,  placed  farther  aft  than  we  usually  find 
them  in  merchant-ships ;  in  the  fore  compartment  of  the  space  between  decks  the 
rooms  are  being  punched  through  and  through,  and  the  holes  so  made  may  be  intended 
to  swing  or  fit  up  mess-racks  as  suggested.  The  boilers  and  engines  are  all  fitted  below 
the  first  deck ;  the  boilers  appear  to  me  of  an  unusual  shape,  and  look  more  like  a  series 
of  tanks  than  the  ordinary  boilers.  If  the  150  lockers,  referred  to  in  your  note, 
were  fitted,  they  have  probably  been  removed,  or  they  must  still  exist  under  the  fore- 
castle-deck, which  I  could  not  have  examined  without  exciting  suspicion.    Neither  could 

I  get  into  the  fore  hold  from  a  like  cause.  I  may,  however,  observe  in  passing,  that  I 
[486]  do  not  believe  that  *'•  water-cocks  "  are  fitted  for  the  purpose  of  sinking  the  ship 

in  the  water  unless  they  communicate  with  tanks  fitted  inside  ;  for  I  am  aware 
that  water-ballast  cannot  be  availed  of  unless  it  be  confined  in  casks,  tanks,  or  bags, 
fitted  for  the  purpose.  I  beg  to  add,  that  I  will  give  the  matter  my  best  attention, 
and  acquaint  you  from  time  to  time  with  the  state  of  the  ship  as  she  approaches  comple- 
tion. 

I  am,  &c, 

(Signed)  M.  COSTELLO, 

Measuring  Surveyor. 


November  9,  1863. 
The  surveyor  will  report  whether  the  boilers  he  referred  to  may  be  used  separately, 
that  is,  some  for  the  reception  of  water  only,  and  the  others  to  work  the  engines  ;  also,, 
whether  there  be  any  other  tanks  fitted  within  the  engine-space.  ' 

F.  W.  T. 


558  TREATY    OF    WASHINGTON. 

Mr.  Costello  to  Mr.  Trevor. 

November  9,  1863. 
Sir  :  Referring  to  the  above  I  beg  to  state  that,  in  my  opinion,  the  boilers  may  be 
used  separately;  and,  consequently,  those  not  used  for  generating  steam  may  be  filled 
and  emptied  at  pleasure.    I  beg  to  add  that  there  are  no  other  tanks  fitted  in  the  en- 
gine-space. 

I  am,  &c, 

(Signed)  M.  COSTELLO. 


[Inclosurej4  in  No.  27.] 

Mr.  Underwood  to  Mr.  Trevor. 

United  States  Consulate, 

Glasgow,  November  10,  1863. 
Dear  Sir  :  Thanking  you  for  your  kind  favor  of  this  morning,  I  am  happy  to  inform 
you  that  there  is  a  man  here  named  John  Murray,  (I  believe  his  name  is  John,)  who  was 
a  private  on  the  Florida,  of  which  MaflSt  was  captain,  who  told  me  and  several  others 
that  Mafifiit  was  here.     I  had  learned  this  before  by  a  letter  from  a  friend,  written  to 
me  from  Liverpool.    Murray  is  staying  at  120  Bromielaw,  at  Mrs.  Lester's,  and  is  now 
working  on  the  Will  o'  the  Wisp,  at  the  west  end  of  Mares  Bank  Key,  supposed  to  be  a 
blockade  runner.    There  are  a  number  of  others  of  the  crew  of  the  Florida  here,  for 
what  purpose  I  do  not  know.    I  have  been  informed  Captain  Maffit  passes  under  the 
name  of  Major  Bissett  or  Bisken. 
Yours,  &c, 
(Signed)  W.  L.  UNDERWOOD. 


[Inclosure  5  in  No.  27.  J 

Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  November  10, 1863. 
Honorable  Sirs:  I  transmit  herewith  a  requisition  from  the  consul  of  the  United 
States  of  America,  with  the  affidavits  of  himself  and  five  other  persons  relative  to  the 
vessel  Pampero,  the  subject  of  my  report  of  this  date. 

These  papers  are  given  to  me  very  late  this  afternoon,  with  a  request  they  may  be 
forwarded  by  this  post ;  consequently,  I  have  not  been  able  to  have  them  copied,  but 
in  a  hasty  perusal  I  do  not  see  any  fact  advanced  not  previously  reported  on,  or  any 
ground  to  justify  the  seizure  of  the  vessel  under  the  foreign-enlistment  act. 
Respectfully,  &c, 
(Signed)  FRED.  W.  TREVOR, 

Collector. 


[487] 


*  |  Inclosure  6  in  No.  27.] 
Mr.  Underwood  to  Mr.  Trevor. 


November  10, 1863. 
J,  the  undersigned,  Warner  Lewis  Underwood,  consulof  the  United  States  of  America 
for  the  port  of  Glasgow  and  its  dependencies,  do  hereby  apply  to  you,  on  behalf  of  the 
Government  of  the  United  States  of  America,  to  seize  and  detain  a  bark-rigged  steam- 
vessel  called  the  Pampero,  launched  from  the  yard  of  Messrs.  James  and  George  Thom- 
son, at  Glasgow,  on  or  about  the  29fch  day  of  October  last,  and  now  lying  in  the  river 
Clyde  at  or  near  the  Broomilaw,  Glasgow,  with  her  tackle,  apparel,  and  furniture,  with  all 
the  materials,  arms,  ammunition,  and  stores  which  may  belong  to  or  be  on  board  of 
the  said  vessel,  pursuant  to  the  powers  given  to  you  on  that  behalf  by  the  7th  section 
of  the  act  of  Parliament  59  Geo.  Ill,  cap.  69,  on  the  ground  that  such  vessel  is  being 
equipped,  furnished,  fitted  out,  and  armed,  in  order  that  such  vessel  shall  be  employed 
in  the  service  of  the  persons  assuming  to  exercise  the  power  of  government,  and  called 
the  Confederate  States  of  America,  and  with  the  intent  to  cruise  and  commit  hostili- 
ties against  the  Government  and  citizens  of  the  Uuited  States  of  America,  with  which 
Government  Her  Majesty  the  Queen  is  not  now  at  war. 

(Signed)  W.  L.  UNDERWOOD, 

United  States  Consul. 

[For  inclosures  7  to  12  in  No.  27  see  inclosures  1  to  6  in  No  37.  J 


BRITISH  CASE  AND  PAPERS.  559 

No.  28. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  November  11, 1863.     (Received  November  12.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you 
the  inclosed  copy  of  a  further  letter  from  the  lord  advocate,  respecting 
the  vessel  called  the  Canton ;  and  to  request  that  you  will  submit  the 
same  to  Earl  Russell  with  reference  to  my  letter  of  the  7th  instant. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 

[Inclosure  in  No.  28.] 

Sir  J.  Moncrieff  to  Mr.  Bruce. 

Edinburgh,  November  9,  1883. 
Sir  :  With  reference  to  my  communication  to  you  of  the  6th  instant  relative  to  a 
vessel  said  to  be  in  course  of  construction  in  the  river  Clyde  for  the  so-called  Confeder- 
ate States,  I  have  the  honor  to  state,  for  the  information  of  the  Secretary  Sir  George 
Grey,  that  I  learn  from  the  procurator-fiscal  of  Glasgow  that  he  has  been  in  communi- 
cation with  the  treasury  on  this  subject,  and  has  already  transmitted  the  particulars 
of  such  information  as  he  has  been  able  to  obtain.  I  shall  not,  therefore,  proceed  fur- 
ther in  the  inquiry  until  I  receive  instructions. 

I  have,  &c,  * 

(Signed)  J.  MONCRIEFF. 


No.  29. 
The  law-officers  of  the  Crown  to  Earl  Russell. 

Lincoln's  Inn,  November  13,  1803.     (Received  November  13.) 

My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  11th  November  instant,  stating  that, 
with  reference  to  the  report  of  the  25th  ultimo,  he  was  directed 
[488]  by  your  lordship  to  transmit  to  us,  together  with  the  former  *  pa- 
pers, the  accompanying  further  correspondence  which  has  passed 
respecting  the  case  of  the  Canton,  from  which  we  should  see  the  result 
of  the  inquiries  that  have  been  instituted  in  Scotland  with  regard  to 
that  vessel,  and  especially  to  call  our  attention  to  the  specification  of 
the  fitting  and  structure  of  the  ship,  and  to  the  report  thereon  furnished 
by  the  constructor  to  the  admiralty,  and  to  request  that  we  would  again 
take  this  case  into  consideration,  and  furnish  your  lordship  with  our 
opinion  as  to  whether  there  would  now  be  any  objection  to  asking  the 
alleged  owner  of  the  Canton,  Mr.  Pembroke,  to  explain  for  what  she  is 
intended,  and  generally  as  to  the  course  which  Her  Majesty's  govern- 
ment should  pursue  in  the  matter. 

We  are  also  honored  with  Mr.  Hammond's  further  letter  of  the  same 
day's  date,  transmitting  a  letter  from  the  board  of  treasury,  containing 
further  particulars  respecting  the  case  of  the  Canton. 

In  obedience  to  your  lordship's  commands  we  have  taken  this  case 
into  consideration,  and  have  the  honor  to  report : 

That  we  do  not,  as  yet,  find  in  the  papers  before  us  sufficient  grounds 
to  justify  a  seizure  of  this  vessel  under  the  foreign-enlistment  act ;  but 
we  think  that  there  are  sufficient  grounds  for  keeping  a  strict  watch  over 
her,  and  not  suffering  her  to  leave  the  Clyde  without  some  further  in- 


560  TREATY    OF    WASHINGTON. 

quiry.  The  evidence  already  obtained,  although  not  conclusive  as  to 
her  character,  seems  to  us  to  be  enough  to  show  that  she  is  intended 
for  some  warlike  service ;  but  whether  this  is  a  fixed,  or  only  a 
contingent  and  conditional  intention,  and  for  what  particular  service 
she  is  designed,are  points  as  to  which  no  light  is  afforded  by  the  pres- 
ent evidence.  It  is  to  be  observed  that  the  builders  specification,  in 
this  case,  extends  expressly  to  some  degree  of  "  fitting  out"  and  "  equip- 
ment,77 as  well  as  to  mere  construction ;  and  the  suspicion  excited  in 
Mr.  Reed's  mind,  (see  his  report  to  the  admiralty,  under  date  10th 
March,  1863,)  by  those  parts  of  the  specification  which  relate  to  the  con- 
struction of  the  upper  decks  and  the  bulwarks  (the  latter  "  to  be  fitted 
to  some  plan  which  is  not  described,  but  which  the  owners  are  to  fur- 
nish or  approve")  is  amply  confirmed  by  the  facts  now  ascertained,  as 
to  the  port-holes,  which,  after  having  been  carefully  constructed,  were 
again  closed  up,  so  as  (apparently)  to  admit  of  their  being  easily  re- 
opened, although  for  the  present  concealed.  On  the  other  hand,  it  is  to 
be  observed  that  in  the  specification  the  ship  is  called  a  merchant- ves- 
sel, and  there  is  nothing  as  yet  beyond  report  and  surmise  to  connect 
her  with  the  Confederate  States.  If  the  circumstances  to  which,  we 
have  referred  are  indicative  of  disguise  and  concealment,  it  may,  on  the 
other  hand,  be  said  that  the  conduct  of  Messrs.  Henderson  &  Co.,  and 
of  Messrs.  Thomson  &  Co.,  in  giving  information  and  producing  docu- 
ments, has  been  fair  and  open,  and  it  is  not  yet  ascertained  whether  Mr. 
Pembroke,  on  being  applied  to,  will  also  be  willing  to  give  information 
or  not.  We  think  that  it  may  be  proper,  in  these  circumstances,  now 
to  write  to  that  gentleman  to  the  effect  that  it  has  become  the  duty  of 
Her  Majesty's  government  to  institute  a  very  strict  inquiry  into  the 
character  and  destination  of  the  ship  in  question,  which  appears  by  the 
contract  and  specification  produced  at  Glasgow  by  Messrs.  Thorn som 
&  Co.  to  have  been  built  for  him,  and  that  Her  Majesty's  government 
think  it  right  to  offer  him  the  opportunity  of  giving  them  such  informa- 
tion as  to  her  destination  and  the  purpose  for  which  she  is  intended  as 
(with  the  knowledge  which  he  must  of  course  possess  of  the  object  with 
which  it  is  sought)  he  may  be  willing  to  afford.  We  should  hardly  an- 
ticipate that,  in  the  result,  any  really  useful  or  satisfactory  information 
will  be  obtained  from  Mr.  Pembroke,  and  it  will  be  desirable  (if  this 
has  not  already  been  done)  to  ascertain  exactly  who  and  what  Mr. 
Pembroke  is,  and  whether  any  evidence  connecting  him  in  any  way 
with  the  agents  of  the  Confederate  States  in  this  country  is  likely  to 
be  obtained.  It  will  also  be'important  to  obtain,  it'  possible,  evidence 
of  the  fact  (alleged  by  the  United  States  consul  at  Glasgow,  but  a  a 
yet  not  at  all  verified)'  that  Captain  Maffit,  of  the  Florida,  is  now  in 
Glasgow,  passing  under  a  feigned  name,  and  superintending  or  taking 
a  visible  and  practical  part  and  concern  in  the  preparations  of  this  ves- 
sel for  sea.  Such  a  fact,  if  proved  by  satisfactory  evidence,  might  prob- 
ably be  enough  (together  with  the  other  facts  already  known)  to  justify 
the  institution  of  proceedings  in  the  court  of  session,  of  the  nature  sug- 
gested by  the  law-officers  for  Scotland,  for  an  interdict  against  the  de- 
parture of  the  ship ;  and  whenever  there  is  sufficient  evidence,  in  the 
opinion  of  the  Scottish  law-officers,  to  justify  such  a  step,  we  think  it 
will  be  far  more  desirable  to  take  it  than  to  proceed  (as  it  is  necessary 
to  do  in  England)  by  a  seizure  without  judicial  warrant. 

(Signed) '  EOUNDELL  PALMER. 

R.  P.  COLLIER. 
ROBERT  PHILLIMORE. 


BRITISH    CASE    AND    PAPERS.  561 

[480]  *No.  30. 

Mr.  Hammond  to  Mr,  Waddington. 

Foreign  Office,  November  13, 1863. 

Sir:  I  have  laid  before  Earl  Eussell  your  letters  of  the  7th  instant, 
inclosing  a  report  from  the  law-officers  of  the  Orown  in  Scotland,  respect- 
ing the  case  of  the  steam-vessel  Canton,  now  fitting  in  the  Clyde,  and 
the  specification  according  to  which  that  vessel  was  built. 

Lord  Eussell  thought  it  right  at  once  to  refer  those  specifications  to 
the  board  of  admiralty ;  and  I  am  now  to  inclose,  to  be  laid  before  Sec- 
retary Sir  George  Grey,  a  copy  of  the  report  made  on  them  by  the  con- 
structor of  the  navy  to  that  department.1 

I  am  further  to  inclose  a  copy  of  a  letter  from  the  board  of  treasury, 
with  the  documents  referred  to  in  it,  containing  further  particulars 
supplied  by  the  collector  of  customs  at  Glasgow,  respecting  the  Canton, 
which  appears,  since  it  was  launched,  to  have  taken  the  name  of  the 
Pampero. 

I  am  to  state  to  you,  for  Sir  George  Grey's  information,  that  Lord 
Eussell  haviug  referred  the  above-mentioned,  as  well  as  all  other  papers 
in  the  possession  of  this  office  relating  to  the  Canton,  to  the  law-officers 
of  the  Crown,  has  received  from  them  their  report,  of  which  I  inclose  a 
copy.2 

Sir  George  Gray  will  perceive  that,  although  the  law-officers  are  of 
opinion  that  no  sufficient  ground  yet  appears  for  seizing  the  Canton 
under  the  foreign-enlistment  act,  there  are  sufficient  grounds  for  not 
allowing  her  to  leave  the  Clyde  until  further  inquiry ;  that  it  would  be 
proper  now  to  address  an  inquiry  to  Mr.  Pembroke,  who  is  stated  to  be 
the  person  for  whom  the  vessel  is  being  built,  as  to  the  character  and 
destination  of  the  ship;  that  it  will  further  be  proper  to  obtain  some 
information  respecting  Mr.  Pembroke  himself;  that  evidence  should  also 
be  obtained  in  regard  to  the  alleged  presence  in  Glasgow  of  Captain 
Maffit,  of  the  confederate  steamer  Florida,  and  of  any  proceedings  on 
his  part  in  connection  with  the  Canton ;  and,  lastly,  that  whenever  suf- 
ficient evidence  is  obtained,  in  the  opinion  of  the  Scottish  law-officers, 
•  to  justify  proceedings  in  the  court  of  session  for  an  interdict  against 
the  departure  of  the  vessel,  they  think  it  will  be  far  more  desirable  to 
take  that  step  than  to  proceed,  as  it  is  necessary  to  do  in  England,  by 
a  seizure  under  judicial  warrant. 

Under  these  circumstances  I  am  to  request  that  you  will  move  Sir 
George  Grey  to  take  such  steps  as  may  appear  to  him  advisable,  for 
giving  effect,  without  delay,  to  the  opinion  of  the  law-officers  of  the 
Crown;  and  Lord  Eussell  will  merely  inform  the  boards  of  treasury  and 
admiralty  that  the  matter  is  now  in  the  hands  of  the  home  department. 

I  take  this  opportunity  to  forward  to  you  copies  of  all  the  papers  in 
the  case  in  the  possession  of  this  office,  which  are  not  kno.wn  to  be  also 
in  the  possession  of  the  home  office. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

1  Inclosure  in  No.  26.  3  No.  27. 

H.  Ex.  282,  vol.  ii 36 


562  TREATY    OF    WASHINGTON. 

m 

No.  31. 

Mr.  Hammond  to  Mr.  Waddington. 

[Pressing.] 

Foreign  Office,  November  13,  1803. 
Sir:  With  reference  to  my  other  letter  of  this  day's  date,  respecting 
the  case  of  the  Canton,  alias  Pampero,  at  Glasgow,  I  am  directed  by 
Earl  Russell  to  request  that  you  will  call  Sir  George  Grey's  special, 
attention  to  that  passage  in  the  report  of  the  law-officers  which  states 
that  there  are  sufficient  grounds  for  keeping  a  strong  watch  over  her, 
and  not  suffering  her  to  leave  the  Clyde  without  some  further  inquiry; 
and  that  you  will  suggest,  for  his  consideration,  whether  directions  to 
that  effect  should  not  be  immediately  given,  through  the  lords  commis- 
sioners of  Her  Majesty's  treasury,"  or  through  some  other  sufficient 
authority. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[490]  *No.  32. 

Mr.  Hammond  to  the  secretary  to  the  admiralty.1 

Foreign  Office,  November  13, 1863. 
l^SiR:  With  reference  to  your  letter  of  the  11th  instant,  I  am  directed 
by  Earl  Russell  to  request  that  you  will  state  to  the  lords  commission- 
ers of  the  admiralty  that  the  case  of  the  Canton,  otherwise  called  Pam- 
pero, the  vessel  fitting  in  the  Clyde,  and  which  is  alleged  to  be  intended 
for  the  service  of  the  so-styled  Confederate  States,  is  now  in  the  hands 
of  Her  Majesty's  secretary  of  state  for  the  home  department,  to  whom 
all  the  papers  relating  to  it  have  been  referred. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  33. 

Mr,  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  November  13, 1863.     (Received  November  14.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  acknowledge  the 
receipt  of  your  letter  of  this  date,  and  to  transmit  herewith,  for  the 
information  of  Earl  Russell,  a  copy  of  a  letter  which  has  in  consequence 
been  addressed  to  the  lord  advocate. 

Having  done  this,  if,  as  Sir  George  Grey  presumes,  the  lord  advocate 
will  make'  immediate  application  to  the  court,  he  thinks  that  it  would 
be  inexpedient  to  direct  any  other  authority  acting  independently  of, 
and  without  communication  with  the  lord  advocate,  to  seize  the  vessel, 
but  it  appears  to  him  that  the  treasury  may  be  requested  to  send  direc- 

1  A  similar  letter  was  addressed  to  the  treasury. 


BRITISH    CASE    AND    PAPERS.  563 

tions  to  the  officers  of  the  customs  in  the  Clyde  to  keep  a  watch  on  the 
vessel,  and  to  report  immediately  to  the  lord  advocate  if  they  have  rea- 
son to  believe  that  she  is  about  to  proceed  to  sea.  And  further  that,  if 
the  lord  advocate  should  inform  them  that  the  vessel  ought  to  be  seized, 
they  should  act  at  once  on  his  opinion,  and  seize  her,  in  order  to  pre- 
vent her  leaving  the  Clyde. 

Instructions  might  also  be  given  to  the  officer  in  command  of  Her 
Majesty's  ships  in  the  Clyde  to  afford  every  assistance  which  may  be 
required  by  the  officers  of  the  customs  in  giving  effect  to  their  instruc- 
tions. 

Sir  George  Grey  presumes  that,  if  Earl  Russell  concurs  in  this  view, 
his  lordship  will,  as  in  other  cases,  address  these  communications  to  the 
treasury  and  the  admiralty. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 


[Inclosure  in  ~No.  33.] 
^  Mr.  Waddington  to  the  lord  advocate. 

[Pressing.] 

Whitehall,  November  13,  1863. 
My  Lokd  :  I  am  directed  by  Secretary  Sir  George  Grey  to  acquaint  your  lordship 
that  your  letters  of  the  6th  and  9th  instant,  relative  to  the  vessel  called  the  Canton, 
have  been  communicated  to  Earl  Russell ;  and  I  am  to  transmit  to  your  lordship  a  letter 
which  has  been  received  from  the  foreign  office,  and  the  papers  which  accompanied  it, 
(among  which  are  a  case  laid  before  the  law-officers  of  the  Crown  and  their  opinion 
thereon,)  and  if  the  facts  now  stated  appear  to  your  lordship  and  the  solicitor-general 
for  Scotland  to  be  sufficient  to  make  such  &  prima  facie  case  as  would  justify  the  appli- 
cation to  the  court  suggested  in  your  letter  of  the  6th  instant,  Her  Majesty's  govern- 
ment are  of  opinion  that  tlfat  course  should  be  taken  without  delay.  I  am  also  to 
request  that  your  lordship  will  endeavor  to  obtain  evidence  in  regard  to  the  alleged 

presence  in  Glasgow  of  Captain  Maffit,  of  the  confederate  steamer  Florida. 
£491]        *The  papers  are  sent  as  received  from  the  foreign  office,  as  there  is  uot  time 
to  make  copies,  and  your  lordship,  will  be  pleased  to  return  them  to  me. 
I  have,  &c, 
(Signed;  H.  WADDINGTON". 


No.  34. 

Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  November  14,  1863. 

Sir  :  With  reference  to  my  lettter  of  yesterday's  date  respecting  the 
ease  of  the  Canton  alias  Pampero,  I  am  directed  by  Earl  Kussell  to 
request  that  you  will  acquaint  the  lords  commissioners  of  Her  Majesty's 
treasury  that  the  law-officers  of  the  Crown  have  reported  to  him  that, 
although  the  evidence  in  regard  to  the  destination  of1  that  vessel  is  at 
present  not  such  as  would  warrant  her  seizure  under  the  foreign-en- 
listment act,  there  are  sufficient  grounds  for  keeping  strict  watch  upon 
her,  and  for  preventing  her  from  leaving  the  Clyde  until  further  inquiry 
has  been  made. 

Sir  George  Grey  has  transmitted  to  the  lord  advocate  of  Scotland 
the  whole  of  the  papers  in  the  case,  and  has  informed  him  that  if,  in 
his  opinion  and  in  that  of  the  solicitor-general  for  Scotland,  the  facts 
appear  to  be  sufficient  to  make  such  &  prima  facie  case  as  would  justify 
an  application  to  the  court  of  sessions  to  prevent  the  departure  of  the 


564  TEEATY    OF    WASHINGTON. 

vessel  from  the  Clyde,  Her  Majesty's  government  are  of  opinion  that 
that  course  should  be  taken  without  delay. 

In  this  state  of  things,  and  as  it  would  be  inexpedient  to  direct  any 
other  authority,  acting  independently  and  without  communication  with 
the  lord  advocate,  to  seize  the  vessel,  I  am  only  to  request  that  you  will 
move  the  lord  commissioners  of  Her  Majesty'-s  treasury  to  send  direc- 
tions to  the  officers  of  the  customs  in  the  Clyde  to  keep  a  watch  on  the 
vessel,  and  to  report  immediately  to  the  lord  advocate  if  they  have  rea- 
son to  believe  that  she  is  about  to  proceed  to  sea ;  and  further,  if  the 
lord  advocate  should  inform  them  that  the  vessel  ought  to  be  seized,  to 
act  at  once  on  his  opinion  and  seize  her,  in  order  to  prevent  her  leaving 
the  Clyde. 

I  am  to  add  that  Lord  Eussell  has  requested  the  lords  commissioners 
of  the  admiralty  to  instruct  the  officer  in  command  of  Her  Majesty's 
ships  and  vessels  in  the  Clyde  to  afford  every  assistance  which  may  be 
required  by  the  officers  of  the  customs  in  giving  effect  to  their  instruc- 
tions. 

I  am,  &c, 

(Signed)  '  E.  HAMMOND. 

v 


No.  35. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  November  14,  1863. 

Sir:  With  reference  to  my  letter  of  yesterday's  date  respecting  the 
case  of  the  Canton  alias  Pampero,  I  am  directed  by  Earl  Eussell  to 
request  that  you  will  acquaint  the  lords  commissioners  of  the  admiralty 
that  the  law-officers  of  the  Crown  have  reported  to  him  that,  although 
the  evidence  in  regard  to  the  destination  of  that  vessel  is  at  present  not 
such  as  would  warrant  her  seizure  under  the  foreign-enlistment  act, 
there  are  sufficient  grounds  for  keeping  strict  watch  upon  her,  and  for 
preventing  her  from  leaving  the  Clyde  until  further  inquiry  has  been 
made. 

Sir  George  Grey  has  now  transmitted  to  the  lord  advocate  of  Scot- 
land the  whole  of  the  papers  in  this  case,  and  has  informed  him  that  if, 
in  his  opinion  and  in  .that  of  the  solicitor  general  for  Scotland,  the  facts 
appear  to  be  sufficient  to  make  such  a  prima  facie  case  as  would  justify 
an  application  to  the  court  of  sessions  to  prevent  the  departure  of  the 
vessel  from  the  Clyde,  Her  Majesty's  government  are  of  opinion  that 
that  course  should  be  taken  without  delay. 

In  this  state  of  things,  and  as  it  would  be  inexpedient  to  direct  any 
other  authority,  acting  independently  and  without  communication  with 
the  lord  advocate,  to  seize  the  vessel,  Lord  Eussell  has  merely  requested 
the  lords  commissioners  of  Her  Majesty's  treasury  to  send  directions 
to  the  officers  of  the  customs  in*  the  Clyde  to  keep  a  watch  on 
[492]  *the  vessel,  and  to  report  immediately  to  the  lord  advocate  if 
they  have  reason  to  believe  that  she  is  about  to  proceed  to  sea; 
and  further,  if  the  lord  advocate  should  inform  them  that  the  vessel 
ought  to  be  seized,  to  act  at  once  on  his  opinion  and  seize  her,  in  order 
to  prevent  her  leaving  the  Clyde. 

I  am  now  to  request  that,  in  laying  this  letter  before  the  lords  com- 
missioners of  the  admiralty,  you  will  move  their  lordships  to  instruct 
the  officer  in  command  of  Her  Majesty's  ships  and  vessels  in  the  Clyde 


BRITISH    CASE    AND     PAPERS.  565 

to  afford  every  assistance  which  may  be  required  by  the  officers  of  the 
customs  iu  giving  effect  to  their  instructions. 

I  am.  &c, 

(Signed)  ,  E.  HAMMOND. 


No.  36. 

Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  November  14,  1863. 
Sir:  I  have  laid  before  Earl  Russell  your  letter  of  yesterday,  respect- 
ing the  case  of  the  Canton,  alias  Pampero,  now  fitting  in  the  Clyde; 
and  I  am  to  request  that  you  will  acquaint  Secretary  Sir  George  Grey 
that  his  lordship  concurs  in  the  course  recommended  by  him,  and  I 
inclose  copies  of  letters  which,  in  conformity  with  Sir  George  Grey's 
opinion,  I  have  this  day  addressed,  by  his  lordship's  directions,  to  the 
secretaries  of  the  board  of  treasury  and  admiralty.1 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  37. 

Mr.  Adams  to  JEarl  Russell. 

Legation  of  the  United  States, 
London^  November  14,  1863.     (Received  November  14.) 
My  Lord:  I  have  the  honor  to  submit  to  your  consideration  copies 
of  a  number  of  additional  depositions,  taken  before  the  collector  at 
Glasgow,  all  going  to  corroborate  the  evidence  already  presented  touch- 
ing the  outfit  and  preparation  of  the  steamer  Canton,  alias  Pampero,  for 
objects  similar  to  those  now  prosecuted  by  the  Japan,  alias  the  Georgia, 
issued  from  the  same  port. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[Iiiclosure  1  iu  No.  37.] 

Deposition  of  Warner  Lewis  Underwood. 

I,  Warner  Lewis  Underwood,  of  No.  5  Newton  Terrace,  Sanchiehall  street,  in  the 
city  of  Glasgow,  in  the  county  of  Lanark,  make  oath  and  say  that  I  am  consul  of  the 
United  States  of  America  for  the  port  of  Glasgow  and  its  dependencies  ;  that  I  have 
now  resided  in  Glasgow  in  discharge  of  the  duties  of  the  said  consulate  for  upward  of 
one  year  ;  that  shortly  after  my  arriyal  here  my  attention  was  called  to  the  fact  that 
there  was  being  built,  in  the  ship-yard  of  Messrs.  James  and  George  Thomson,  of 
•Glasgow,  a  vessel  of  war  for  the  use  of  the  so-called  Confederate  States,  then  in  re- 
bellion against  the  United  States  of  America,  known  as  the  Rain,  and  now  in  process 
of  construction  and  unlaunched  in  the  yard  of  the  said  James  and  George  Thomson, 
being  a  formidable  iron-clad  vessel  of  war;  that  some  months  ago  I  learned  that  a 
further  vessel  was  in  course  of  construction  by  the  said  James  and  George  Thomson, 
and  the  said  last-mentioned  vessel  has  been  recently  launched  from  the  ship-yard  of 
the  said  James  and  George  Thomson,  and  is  now  lying  iu  the  river  Clyde,  at  or  near 

1  Nos.  34  and  35. 


566  TREATY    OF    WASHINGTON. 

to  the  foot  of  Finnestin  street,  Broomidan  ;  tliat  my  attention  was  farther  directed  tc* 
the  construction  of  such  vessels  of  war  and  to  the  object  of  their  construction  by  a 
perusal  of  the  intercepted  correspondence  between  the  agents  of  the  confede- 
[493]  rates  in  America  and  those  in  Europe,  which  is  more  particularly  ^referred  to  in 
the  accompanying  affidavit  of  Mr.  Thomas  Haines  Dudley,  to  which  reference  is 
here  made,  and  which  is  adopted' and  made  part  of  this  affidavit,  a  copy  of  said  corre- 
spondence having  been  sent  to  me  by  the  United  States  Secretary  of  State ;  that  before 
being  launched  the  said  last-mentioned  vessel  had  gilded  on  her  stern  the  words  u  Can- 
ton, London  ;"  that  on  the  day  she  Avas  launched  the  word  "Canton"  had  disappeared, 
and  the  word  "Pampero"  was  gilded  where  it  had  been,  and  also  was  seen  on  a  flag  which 
floated  from  one  of  her  masts;  that  I  was  presenjb  on  the  immediate  opposite  side  of 
the  Clyde  at  the  time  of  the  launch,  the  river  being  there,  in  my  judgment  and  opin- 
ion, about  200  yards  wide ;  that  I  was  in  full  view  of  the  ship,  and,  besides,  had  a 
strong  glass  with  which  to  aid  my  vision  ;  that  there  were  not  a  great  many  persons 
present,  but  I  had  pointed  out  to  me,  by  a  gentleman  who  knew  them,  Messrs.  James 
Galbraith  and  Robert  Henderson,  known  members  of  the  firm  of  Patrick  Hender- 
son &  Co.,  and  recognized  agents  in  Glasgow  of  W.  S.  Linsay  &  Co.,  of  London  ;  that 
these  two  gentlemen,  in  company  with  one  or  two  others  whom  I  did  not  know,  im- 
mediately prior  to  the  launching  of  said  ship,  took  an  active  and  conspicuous  part  in 
looking  after  the  preparations  of  the  launch,  giving,  apparently,  directions  concerning 
it;  that  on  the  day  after  the  launch  the  following  notice  of  it  was  published  in  the 
same  words  in  the  Journal,  Mail,  and  Herald,  newspapers  published  in  Glasgow  : 

"  Messrs.  James  andv  George  Thomson  launched,  yesterday,  from  their  building-yard 
at  Goran,  a  screw-steamer  of  about  1,000  tons  register.  This  vessel  has  been  con- 
structed for  London  owners,  and  as  she  took  the  water  was  named  the  Pampero  by 
Mrs.  Galbraith.  After  the  launch  the  friends  of  the  owners  and  builders  present  ad- 
journed to  the  model-room,  where  the  usual  good  wishes  on  such  occasions  wese  ex- 
pressed and  responded  to." 

That  prior  to  the  launch  of  said  ship  I  had  frequently  seen  her,  and  I  state  that  she 
was  at  first  constructed  with  eight  port-holes,  plainly  to  be  seen  ;  that  a  short  time, 
say  a  week  or  ten  days,  before  she  was  launched,  those  port-holes  were  carefully  closed, 
and  effaced  by  putty  and  paint,  or  other  material,  so  that  no  trace  could  be  seen  of 
them,  except  that  the  hinges  of  their  doors  were  visible  :  that  I  have  the  following 
distinct  items  of  information  touching  said  vessels,  which  I  fully  and  sincerely  believe 
to  be  true,  most  of  which  can  be  verified  and  established  by  an  inspection  of  the  ves- 
Bel,  to  wit : 

1.  That,  in  addition  to  the  port-holes  above  spoken  of  and  referred  to,  she  was  at 
first  constructed  with  eye  or  ring  bolts,  corresponding  with  said  port-holes,  suited  for 
and  intended  to  handle  guns  ;  that  these  eye-bolts,  with  one  or  two  exceptions,  have 
been  removed,  and  the  places  where  they  have  been  disguised  by  facings  on  the  bul- 
warks, and  the  eye-bolts  stowed  away  to  be  inserted  hereafter. 

2.  That  she  had  magazines  constructed ;  these  have  been  attempted  to  be  concealed 
and  disguised  under  the  appearance  of  water-tanks. 

3.  That  she  has  150  lockers,  and  sixteen  mess-racks,  or  more,  for  eight  men  each. 

4.  That  she  has  about  fifteen  holes  or  apertures  in  the  bottom,  duly  secured  by  valves 
and  stop-cocks,  for  the  rapid  introduction  of  water  into  her  hold,  with  an  appropriate 
number  of  pumps  to  pump  it  out  again  as  required. 

5.  That  her  machinery  and  boilers  are  those  of  a  war-vessel,  all  under  water-line, 
and  thus  out  of  reach  of  an  enemy's  shot,  while  at  the  same  time  they  occupy  much  of 
the  space  appropriated  to  cargo  in  a  merchant-vessel. 

6.  That  the  form,  material,  and  arrangements  of  her  propeller  indicate  that  she  is  a 
vessel  of  war. 

7.  That  the  bulwarks  are  about  seven  feet  high,  so  as  to  conceal  her  crew  from  the 
sight  of  an  opposing  vessel  and  to  afford  them  protection. 

8.  That  on  her  cut-water  or  bow,  immediately  under  the  bowsprit,  is  painted  or 
gilded  a  miniature  figure,  about  a  foot  high,  of  the  Goddess  of  Liberty,  with  a  staff  in 
her  hand,  on  which  is  surmounted  a  liberty-cap,  and  what  is  intended,  I  believe,  the 
palmetto-plant,  is  springing  up  around  her  feet.  I  further  state  that  I  have  been  in- 
formed, and  verily  believe,  that  the  contract  with  the  Messrs.  Thomson  for  the  build- 
ing of  said  ship  Pampero  was  and  is  entered  ioto  with  a  certain  party  acting  as  the 
agents  of  the  so-called  Confederate  States  of  America ;  that  Captain  Sinclair,  men- 
tioned in  the  exhibit  (D)  to  Mr.  Dudley's  affidavit,  together  with  Messrs  Tennett  and 
North,  officers  of  the  confederate  navy,  have  been  spending  most  of  this  year,  and  per- 
haps a  part  of  last,  in  Glasgow  and  its  vicinity,  and,  according  to  my  information  and 
belief,  giving  necessary  oversight  and  attention  to  the  construction  of  said  vessel  and 
the  ram  first  mentioned  ;  that,  from  the  foregoing  facts  and  the  affidavits  of  Thomas 
Haines  Dudley,  John  Latham,  Archibald  McClellan,  and  William  Dryer,  and  facts 
which  have  come  to  my  knowledge  in  a  confidential  manner,  and  which  I  am  not  now 

at  liberty  to  use,  I  am  satisfied,  and  fully  believe,  said  vessel  Pampero  is  a  war- 
[494]  vessel,  built  and  intended  for  the  so-called  ^Confederate  States  in  America,  to- 


BRITISH    CASE    AND    PAPERS.  567 

commit  acts  of  hostility  and  make  war  upon  tlie  Government  and  people  of  the  United 
States.  * 

(Signed)  W.  L.  UNDERWOOD. 

Sworn  before  me  at  the  custom-house  in  Glasgow  this  10th  day  of  November,  1863. 
(Signed)  FRED/W.  TREVOR, 

Collector. 


[Inclosure  2  in  Xo.  37.] 
t     • 
Deposition  of  Thomas  H.  Dudley. 

I,  Thomas  Haines  Dudley,  of  No.  3  Wellesley  Terrace,  Prince's  Park,  Liverpool,  in  the 
county  of  Lancaster,  esquire,  do  solemnly,  sincerely,  and  truly  affirm  and  declare  that 
the  taking  of  an  oath  is  contrary  to  my  conscientious  scruples,  and  I  do  also  solemnly; 
sincerely,  and  truly  affirm  and  declare  as  follows  :  That  I  am  the  consul  of  the  United 
States  of  America  for  the  port  of  Liverpool  and  its  dependencies  ;  that  soon  after  the 
publication  hereinafter  referred  to  I  received  information  from  the  Government  of  the 
United  States  that  certain  correspondence  between  the  government  of  the  so-called 
Confederate  States  of  America  and  their  agents  to  their  representatives  and  agents  in 
Europe  had  been  intercepted,  and  that  the  same  was  then  in  the  hands  of  the  Govern- 
ment of  the  United  States  of  America ;  that  soon  after  I  had  received  the  above  infor- 
mation I  received  from  the  State  Department  of  the  United  States  a  copy  of  the  Daily 
National  Intelligencer,  published  at  Washington,  on  Saturday,  the  17th  day  of  January, 
1863,  containing  the  publication  of  said  intercepted  correspondence  ;  that  I  now  refer 
to  the  said  copy  of  the  said  newapaper,  which  is  annexed  and  signed  by  me  as  relative 
hereto,  and  particularly  to  certain  portions  of  said  correspondence  and  memorandum 
therein  published,  consisting:  1.  Of  duplicate  letter  from  Mr.  Mallory  to  Mr.  Mason, 
dated  October  26,  1862.  2.  Letter  from  George  N.  Sanders  to  Reed  Sanders,  dated 
August  5, 1862.  3.  Unsigned  letter  or  memorandum  (without  date)  addressed  to  the 
Hon.  S.  R.  Mallory,  secretary  of  the  navy.  4.  Memorandum  following  the  last-men- 
tioned unsigned  letter  or  memorandum,  without  date  or  address.  5.  Letter  from  Mr. 
S.  R.  Mallory,  secretary  of  the  navy,  to  the  Hon.  C.  G.  Memminger,  secretary  of  the 
treasurv,  dated  October  27,  1862.  6.  Letter  from  Mr.  Memminger  to  Mr.  Mallory,  dated 
October  36,  1862.  7.  Letter  from  Mr.  Mallory  to  Mr.  Mason,  dated  October  30,  1862; 
which  said  letters  and  memoranda  are  marked  A,  B,  C,  D,  E,  F,  and  G,  respectively,  on 
said  copy  of  newspaper,  and  initialed  by  me  as  relative  thereto;  that  since  the  publi- 
cation in  the  newspaper  above  mentioned  of  the  intercepted  correspondence  I  have 
received  from  the  State  Department  the  original  manuscripts  from  which  the  aforesaid 
publication  was  made,  and  I  have  the  said  original  manuscripts  in  my  possession 
at  Liverpool,  and  am  prepared  to  produce  them  when  required  by  the  proper  authori- 
ties; that  I  understand  and  believe  the  house  of  Galbraith  &  Co.,  referred  to  in  mem- 
orandum D,  before  mentioned,  is  the  same  house  as  Messrs.  Patrick  Henderson  &  Co., 
of  Glasgow,  of  which  firm  Mr.  James  Galbraith  is,  I  believe,  one  of  the  partners. 

(Signed)  THOMAS  H.  DUDLEY. 

Affirmed  at  the  custom-house  in  Glasgow  this  10th  day  of  November,  1863. 
(Signed)  FRED.  W.  TREVOR, 

Collector. 


[Inclosure  3  in  Xo.  37.] 

Deposition  of  John  Latham, 

I,  John  Latham,  of  No.  8  Douglas  street,  in  the  city  of  Glasgow,  and  county  of  Lan- 
ark, make  oath  and  say :  That  I  am  an  engineer,  and  have  served  as  engineer  of 
steamers  for  the  last|eight  years ;  that  I  have  served  on  board  of  war-ships  for  five  years, 
and  for  about  five  months  I  served  as  fireman  on  board  of  the  Alabama ;  that  I  have  also 
served  in  the  merchant  service  for  about  four  years ;  that  I  have  seen  the  vessel  called 
the  Pampero,  which  has  been  recently  launched  from  the  ship-building  yard  of  Messrs. 
James  and  George  Thomson,  of  Glasgow;  that  I  was  on  board  of  her  before  she  was 
launched;  that  nine  port-holes  were  pierced  on  each  side  of  said  ship,  and  one  of  these 
port-holes  on  each  side  appeared  to  be  intended  as  a  gangway  ;  that  before  said  ship 
was  launched  the  said  port-holes,  with  the  exception  of  one  on  each  side,  were  closed 
with  movable  shutters,  and  these  movable  shutters  were  secured  by  rivets  on 
[495]  the  inside,  and  I  saw  the  joints  or  seams  where  the  shutters  met  filled  up  with 
red-lead  putty  and  painted  over,  and  nothing  is  now  visible  of  the  aforesaid 
port-holes  but  the  hinges  of  the  said  movable  shutters;  that  I  observed  rings  or  eye- 
bolts  on  the  side  of  the  said  ship  on  each  side  of  each  of  the  said  port-holes ;  that  I 


568  TREATY    OF    WASHINGTON. 

afterward  saw  some  of  these  rings  or  eye-bolts  removed,  and  the  sides  of  the  ship 
are  now  cased  over,  and  the  places  intended  for  fastening  on  these  rings  or  eye-bolts 
are  not  now  visible  ;  that  I  have  always  seen  similar  rings  or  eye-bolts  in  the  men-of- 
war  in  which  I  have  served,  and  they  are  used  for  the  purpose  of  securing  the  guns  and 
of  moving  them  backward  and  forward ;  that  in  the  merchant-vessels  in  which  I  have 
sailed  I  never  saw  such  rings  or  eye-bolts  as  I  have  described,  and  there  is  no  use  for 
them  in  merchant-vessels ;  that  the  name  "  Canton,  London,"  was  at  first  gilded  upon 
the  stern  of  the  said  ship,  but  that  before  the  said  ship  was  launched  that  name  was 
changed  to  Pampero ;  that  I  believe  the  said  ship  was  known  and  designated  in  the 
yard  of  Messrs.  James  and  George  Thomson  as  the  frigate,  and  on  one  occasion,  when 
I  was  in  the  yard,  I  asked  for  one  Charles  Gibson,  who«had  been  in  the  employment  of 
Messrs.  Thomson,  and  I  was  informed  by  one  of  the  engineers  working  in  the  yard  that 
he  did  not  know  the  man,  but  that,  if  I  went  over  to  the  frigate,  (pointing  to  the  said 
vessel  now  called  the  Pampero,)  I  would  likely  find  him  there;  that  the  bulwarks  of 
.said  ship  are  between  seven  and  eight  feet  in  height ;  that  I  have  seen  the  boilers  and 
engines  of  said  vessel ;  that  the  boilers  are  four  in  number  and  are  flat  in  construction  ; 
that  the  engines  are  horizontal,  and  the  whole,  both  boilers  and  engines,  are  under  the 
water-line ;"  that  the  construction  of  the  boilers  is  such  as  to  take  up  a  deal  of  carrying 
space,  which  would  not  suit  a  merchant-vessel  my  that,  in  order  to  save  space,  a  merchant- 
ship  would  likely  have  two  boilers,  in  place  of  four,  and  such  boilers  could  be  made  of 
the  same  exteut  of  the  Pampero  by  being  constructed,  as  is  usual  in  merchant-ships, 
above  the  water-line  ;  that  the  said  ship  appears  to  be  about  two  hundred  and  fifty 
feet  in  length  and  between  forty  and  fifty  in  beam  ;  that,  from  the  whole  construction 
and  build  of  the  said  ship,  I  consider  and  declare  that  the  said  ship  is  intended  and 
adapted  for  warlike  purposes,  and  not  for  mercantile  purposes. 

(Signed)  JOHN  LATHAM. 

Sworn  before  me  at  the  custom-house  in  Glasgow  this  10th  dav  of  November,  1863. 
(Signed)  FRED'K  W.  TREVOR, 

Collector. 


[Inclosure  4  in  Xc.  37.] 
Deposition  of  William  Dayer. 

I,  William  Dayer,  ship-joiner,  of  No.  29  Salisbury  street,  in  the  city  of  Glasgow,  and 
county  of  Lanark,  make  oath  and  say :  That  I  am  presently  in  the  employment  of 
Messrs.  James  and  George  Thomson,  ship-builders  in  Glasgow,  and  have  been  in  their 
employment  for  the  last  three  weeks  ;  that  a  vessel  has  been  recently  launched  from 
the  ship-building  yard  of  Messrs.  James  and  George  Thomson  called  the  Pampero ; 
that  previous  to  being  launched  the  name  "  Canton,  London,"  was  gilded  on  said  ship's 
stern,  and  the  day  before  the  said  ship  was  launched  her  name  was  changed  to  Pam- 
pero; that  I  have  been  many  times  on  board  of  said  vessel  while  in  course  of  construc- 
tion ;  that  the  said  vessel  has  eight  port-holes,  besides  one  large  oue  on  each  side ;  that 
the  large  one  might  serve  as  a  gangway  ;  that  these  port-holes  were  seen  open  by  me, 
but  that  they  were  afterward  closed,  and  still  remain  closed ;  that  the  port-holes  have 
been  closed  up  by  the  movable  shutters,  being  secured  on  the  inside  by  bolts,  and  the 
joints  or  seams  closed  up,  and  nothing  is  now  visible  of  the  port-holes  save  the  hinges  ; 
that  rings  or  eye-bolts  were  fitted  on  the  deck  of  said  ship  on  each  side  of  each  of  the 
port-holes;  that  the  object  of  these  rings  or  eye-bolts  appeared  to  be  to  fasten  guns 
and  serve  as  a  means  of  moving  them  backward  and  forward ;  that  seven  of  these 
rings  or  eye-bolts  on  each  side  were  removed  before  the  launch,  and  the  places  where 
they  were  filled  up  have  been  lined  up  ;  that  the  ring  or  eye  bolts  opposite  one  port- 
hole on  each  side  of  the  vessel  of  the  bows  still  remain  ;  that  the  bulwarks  of  said  ves- 
sel are  about  seven  feet  in  height ;  that  there  are  about  fifteen  stop-cocks  and  valves  on 
the  bottom  of  the  said  ship,  with  grating  on  the  outside;  that  some  of  these  are  very 
close  to  one  another ;  that  the  number  of  the  stop-cocks  and  valves  is  more  than  is  re- 
quired for  the  purposes  of  the  engines  and  for  ordinary  ship  purposes,  and  I  believe 
that  Ihe  extra  number  have  been  fitted  with  a  view  to  adapt  the  said  ship  to  warlike 
purposes,  arid  among  others  to  drown  the  magazine  in  case  of  need;  that  a  magazine 

was  fitted  in  the  after-part  of  the  said  ship,  and  consisted  of  four  compartments, 
[496]  with  a  hole  on  the  top  of  each  large  enough  to  *admit  a  man,  and  there  is  a  hatch 

on  each  hole ;  that  I  was  informed  by  a  carpenter  who  was  working  on  board  of 
the  said  ship,  and  about  the  said  compartments,  that  these  compartments  formed  the 
magazine,  and  I  believe  that  they  were  adapted  for  that  purpose;  that  there  were 
about  one  hundred  and  fifty  lockers  fitted  up  in  said  ship  along  the  side  in  the  fore- 
castle between  decks;  that  these  were  all  taken  down,  marked,  and  numbered,  and 
packed  away  before  tin;  said  vessel  was  launched ;  that  sixteen  mess-racks  have  been 
made  for  the  use  of  the  said  vessel,  and  more  are  to  be  made,  and  that  each  of  said 


BRITISH    CASE    AND    PAPERS.  569 

mess-racks  contains  places  for  dishes  for  eight  men ;  that,  from  the  number  of  lockers  and 
mess-racks,  thus  constructed  for  said  ship,  taken  in  connection  with  other  circumstances, 
I  am  of  the  opinion,  and  believe,  that  the  said  ship  is  not  intended  or  built  for  mer- 
cantile service ;  that  I  cannot  state  with  accuracy  the  measurements  of  said  vessel,  but 
I  think  her  length  is  about  two  hundred  feet  or  upward,  and  her  water-mark  about  fif- 
teen feet  at  the  bow  and  sixteen  feet  at  the  stern  ;  that  I  cannot  state  the  breadth  of 
her  beam,  but  she  is  of  very  hue  proportions,  and  I  believe  her  tonnage  to  be  about  one 
thousand  tons,  builder's  measurement ;  that  the  general  belief  among  the  workmen  in 
the  yard  is  that  the  said  vessel  is  built  as  a  vessel  of  war  for  the  Confederate  States  of 
America,  and  since  I  have  commenced  to  work  in  the  yard  of  the  said  James  and 
George  Thomson  such  has  been  the  universal  reputation  as  to  said  ship  among  my  fel- 
low-workmen ;  that  among  us  she  generally  went  by  the  name  of  "  Another  Alabama," 
**  Another  290,"  and  such-like  names. 

(Signed)  WM.  DAYER. 

Sworn  before  me  at  the  custom-house  in  Glasgow  this  10th  day  of  November,  1863. 
(Signed)  FREDK.  W.  TREVOR, 

Collector. 


[Inclosure  5  in  No.  37.] 

Deposition  of  William  Cook. 

I,  William  Cook,  of  No.  1  Clermont  street,  in  the  city  of  Glasgow,  and  county  of  Lan- 
ark, make  oath  and  say:  That  I  am  a  ship-broker  and  commission-merchant  in  Glas- 
gow; that  I  was  present  at  the  launch  of  the  ship  called  the  Pampero,  on  the  29th  Oc- 
tober, 1863,  from  the  ship-yard  of  Messrs.  James  and  George  Thomson,  ship-builders, 
Glasgow ;  that  I  am  acquainted  with  Messrs.  Robert  Henderson  and  James  Galbraith, 
ship-brokers  in  Glasgow,  and  partners  of  the  firm  of  Patrick  Henderson  &  Co.,  mer- 
chants in  Glasgow  ;  that  the  said  firm  of  Patrick  Henderson  &  Co.  are  reputed  to  act 
as  agents  in  Glasgow  of  the  firm  of  W.  S.  Lindsay  &  Co.,  of  London  ;  that,  on  the  afore- 
said occasion  of  the  launch  of  the  said  ship  Pampero,  I  saw  the  said  Robert  Henderson 
and  a  person  believed  by  me  to  be  James  Galbraith  present  and  apparently  acting  as 
if  interested  therein ;  that  I  afterward  noticed  in  the  reports  which  appeared  in  the 
Glasgow  newspapers  of  the  following  day  that  the  said  ship  Pampero  had  been  christ- 
ened by  Mrs.  Galbraith ;  that  I  particularly  observed  the  said  ship  when  being  launched, 
and  having  been  for  many  years  a  master  in  the  merchant  service  I  am  able  to  judge 
of  the  appearance  and  build  of  said  ship;  that  from  the  general  appearance  and  build 
of  said  ship,  as  so  seen  and  observed  by  me,  I  declare  that  she  appeared  to  me  to  be  a 
vessel  intended  for  war,  and  not  for  mercantile  service;  that  her  appearance  impressed 
me  with  the  belief  that  she  was  adapted  for  war  purposes,  and  not  for  mercantile 
service. 

(Signed)  WILLIAM  COOK. 

Sworn  before  me  at  the  custom-house  in  Glasgow  this  10th  day  of  November,  1863. 
(Signed)  FRED'K  W.  TREVOR, 

Collector. 


[Inclosure  6  in  No.  37.] 

Deposition  of  Archibald  McLellan. 

I,  Archibald  McLellan,  joiner,  of  No.  45  Elington  street,  in  the  city  of  Glasgow,  and 
county  of  Lanark,  make  oath  and  say:  That  I  have  been  employed  in  shipbuild- 
ing yards  as  a  joiner  for  the  last  nine  years;  that  I  was  informed  about 
[497]  five  months  ago  by  James  Henning,  joiner,  in  the  employment  *of  Messrs. 
James  and  George  Thomson,  that  they  were  building  a  ram  aud  a  priva- 
teer in  the  yard  of  Messrs.  James  and  George  Thomson  for  the  Confederate  States 
of  America ;  that  we  had  been  conversing  about  the  screw-steamer  Georgia,  which 
had  about  that  time  sailed  from  Clyde  as  a  privateer,  and  in  the  course  of  our 
conversation  the  said  James  Henning  volunteered  the  above  information  regard- 
ing the  ram  and  the  privateer;  that  about  three  weeks  ago  I  casually  met  one  Kin- 
lock,  a  carpenter,  in  the  employment  of  the  said  James  and  George  Thomson,  and  in 
the  course  of  conversation  he  stated  that  he  was  engaged  fitting  up  magazines  ou  board 
of  the  new  vessel  built  by  the  said  James  and  George  Thomson,  called  the  Pampero, 
and  he  said  he  was  fitting  them  up  as  water-tanks;  the  said Kinlock further  stated  that 
the  vessel  had  been  fitted  up  with  mess-rooms  for  a  large  crew,  and  that  these  had 


570  TREATY    OF    WASHINGTON. 

been  taken  down  and  marked  with  a  view  to  he  put  up  again ;  that  I  have  frequently 
seen  the  said  ship  Pampero  while  in  the  course  of  construction,  and  about  seven  weeks 
ago  I  saw  her  lying  in  the  yard  of  the  said  James  and  George  Thomson,  and  I  ob- 
served that  there  were  eight  port-holes  pierced  in  the  side  of  the  said  ship  which  was 
toward  me,  three  of  which  port-holes  were  larger  than  the  other  five,  and  might  be 
used  as  well  for  gangways  as  for  the  sweep  of  pivot-guns  ;  that  the  said  port-holes  were 
then  open  ;  that  since  the  said  ship  was  launched  I  have  seen  her  on  frequent  occa- 
sions, and  I  then  observed  that  the  port-holes  above  mentioned,  with  one  or  two  excep- 
tions, have  been  closed  up,  and  nothing  is  visible  of  these  port-holes  but  the  hinges  ; 
that  on  one  occasion,  in  the  course, of  last  week,  I  was-on  board  of  said  ship,  as  she  lay 
in  the  river  Clyde,  and  I  observed  four  eye-bolts  opposite  certain  of  the  port-holes, 
which  I  saw  were  intended  for  securing  guns  ;  that  on  frequent  occasions,  besides  those 
above  referred  to,  I  have  heard  from  various  persons  in  the  employment  of  the  said 
James  and  George  Thomson  that  the  said  ship  Pampero  was  being  built  for  the  Con- 
federate States  of  America,  and  the  said  ship  had  the  universal  reputation  among  these 
persons  of  being  a  vessel  of  war  or  privateer  for  the  Confederate  States  ;  that  the  con- 
struction of  said  ship  is,  in  my  opinion,  in  accordance  with  that  reputation,  and  in  the 
course  of  my  experience  I  have  not' seen  a  vessel  built  for  the  merchant-service  of  sim- 
ilar construction  as  the  said  ship  Pampero,  and  I  believe  that  the  said  ship  Pampero  is 
built  for  warlike  purposes,  not  for  the  merchant-service. 

(Signed)  ARCHIBALD  McLELLAN. 

'Sworn  before  mo  at  the  custom-house  in  Glasgow  this  10th  day  of  November,  1863. 
(Signed)  FREDK.  W.  TREVOR, 

Collector. 


No.  38. 

Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  November  16,  1863. 
Sir  :  With  reference  to  my  letter  of  the  13th  instant,  I  am  directed  by 
Earl  Russell  to  transmit  to  yon,  to  be  laid  before  Secretary  Sir  G-.  Grey, 
a  copy  of  a  letter  from  Mr.  Adams,1  inclosing  copies  of  further  deposi- 
tions and  affidavits  respecting  the  Canton,  or  Pampero. 

The  inclosnres  in  Mr.  Adams's  letter  being  sent  in  original,  I  am  to  re- 
quest that  they  may  be  returned  to  this  office  when  done  with. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  39. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  November  16,  1863. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 

the  14th  instant,  inclosing  further  papers  respecting  the  Canton  ; 

[498]    and  I  have  to  state  to  you  that  I  have  #lost  no  time  in  forwarding 

copies  of  the  same  to  the  proper  department  of  Her  Majesty's 

government. 

I  am,  &c, 

(Signed)  EUSSELL. 

iNo.  37. 


BRITISH    CASE    AND     PAPERS.  571 

No.  40. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 
[Confidential.] 

Admiralty,  November  16, 1863.  (Received  November  17.) 
Sir  :  With  reference  to  your  letter  of  the  14th  instant  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  send  you  here- 
with, for  the  information  of  Earl  Russell,  a  copy  of  a  letter,  dated  the 
14th  instant,  from  Captain  Farquhar,  of  Her  Majesty's  ship  Hogue,  re- 
porting that  the  screw- steamer  Canton  (now  Pampero)  is  being  rapidly 
equipped  for  sea  in  the  river  Clyde,  and  that  the  collector  of  customs  at 
Glasgow  has  informed  him  that,  should  any  attempt  be  made  to  remove 
the  vessel  surreptitiously,  a  communication  will  instantly  be  made  to 
him. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[Inclosure  in  No.  40.1 
Captain  Farquhar  to  the  secretary  to  the  admiralty. 

Hogue,  Greenock,  November  14,  1863. 

Sir  :  Referring  to  your  confidential  correspondence  relating  to  the  screw-steamer 
Canton,  (now  Pampero,)  lately  launched  from  Messrs.  Thomson's  yard  at  Glasgow,  I 
beg  to  acquaint  you,  for  their  lordships'  further  information,  that  this  vessel  is  being 
rapidly  equipped  for  sea,  and  it  is  probable  she  will  be  removed  down  the  river  early 
next  week ;  but  I  have  not  ascertained  where  it  is  the  intention  of  the  owners  to  take- 
her  to  in  order  to  complete  her  fittings. 

Nothing  more  is  visible  indicative  of  her  ulterior  employment.  She  certainly  could 
easily  be  converted  into  a  formidable  vessel  of  the  Alabama  class,  but  everything 
which  might  betray  her  (in  case  such  be  her  real  character)  is  carefully  concealed ; 
various  reports  are  in  circulation,  such  as  that  the  captain  of  the  Florida  is  superin- 
tending her  completion  and  a  number  of  the  Florida's  men  are  ready  for  shipment  on 
board  her,  but  proof  of  these  reports  is  wanting.  ***m 

The  collector  of  customs  at  Glasgow  has  informed  me  that  he  would  not  permit  her 
to  quit  that  port  without  fulfilling  all  the  conditions  of  the  merchant-shipping  act; 
and  should  her  agent  attempt  to  move  her  surreptitiously  he  will  inform  me  instantly 
thereof. 

I  have,  &c, 

(Signed)  A.  FARQUHAR. 


No.  41. 
Mr.  Hammond  to  Mr.  Waddington. 

("Immediate.] 

Foreign  Office,  November  17, 1863. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  herewith,  to  be 
laid  before  Secretary  Sir  George  Grey,  a  copy  of  a  letter  from  Captain 
Farquhar,  of  Her  Majesty's  ship  Hogue,  at  Greenock,  received  from  the 
admiralty,  reporting  that  the  screw-steamer  Canton,  alias  Pampero,  is 
being  rapidly  equipped  in  the  Clyde,  and  may  probably  be  moved  down 
the  river  in  the  early  part  of  this  week.1 

1  Inclosure  in  No.  40. 


572  •  TREATY    OF    WASHINGTON. 

Sir  George  Grey  is  already  in  possession  of  a  copy  of  the  opinion  of 
the  law-officers,  which  was  inclosed  in  my  letter  of  the  13th  instant,  re- 
specting the  vessel  not  being  allowed  to  depart  without  further  inquiry. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[499]  *No.  42. 

Mr.  Arbuthnot  to  Mr.  Hammond. 

Treasury  Chambers, 
'  November  17,  1863.     (Eeceived  November  17.) 
Sir:  The  lords  commissioners  of  Her  Majesty's  treasury  desire  me  to 
transmit  to  you,  with  reference  to  previous  correspondence,  the  inclosed 
copy  of  a  letter  from  the  secretary  to  the  board  of  customs,  dated  this 
day,  with  copy  of  a  letter  from  the  customs  collector  at  Glasgow,  relat- 
ing to  the  vessel  Canton,  or  Pampero,  supposed  to  be  fitting  for  the 
warlike  service  of  the  Confederate  States  of  North  America  at  that  port; 
and  I  am  to  request  that  you  will  move  Lord  Eussell  to  inform  my  lords 
what  reply  should,  in  his  lordship's  opinion,  be  made  to  this  communi- 
cation from  the  board  of  customs. 
I  am,  &c, 
(Signed)  G.  AKBUTHNOT. 


[In closure  1  in  No.  42.] 
Mr., Gardner  to  Mr.  Hamilton. 

Custom-House,  November  17,  1833. 
Sir  :  With  reference  to  -Mr.  Peel's  letter  of  the  14th  instant,  on  the  subject  of  the 
vessel  Canton,  or  Pampero,  now  fitting  at  Glasgow,  and  suspected  of  being  intended 
for  the  service  of  the  Confederate  States  of  America,  I  am  directed  to  transmit,  for  the 
information  of  the  lords  commissioners  of  Her  Majesty's  treasury,  copy  of  a  report  of 
the  collector  of  this  revenue  at  Glasgow,  stating  that  the  vessel  is  being  rapidly 
finished,  and  that  she  could  be  got  ready  for  sea  in  forty-eight  hours ;  also  reporting 
his  proceediugs  under  their  lordships'  order;  and  I  am  to  suggest  whether,  in  the  event 
of  their  lordships  seeing  fit  to  direct  the  seizure  of  the  vessel,  it  would  not  be  desirable 
that  Captain  Farquhar,  of  Her  Majesty's  ship  Hogue,  in  the  coast-guard  service  in  the 
Clyde,  should  be  instructed  to  make  the  seizure  and  take  charge  of  the  vessel. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


[Iuclosure  2  in  No.  42.  j 
Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  November  16,  1863. 

Honorable  Sirs:  With  reference'  to  your  honors'  order  of  the  14th  instant,  trans- 
mitting the  directions  of  the  lords  commissioners  of  Her  Majesty's  treasury,  together 
with  an  extract  fronl  a  letter  by  Earl  Russell,  relative  to  the  steamer  Pampero,  I  re- 
spectfully report  that  watch  is  being  kept  on  this  vessel,  and  that  I  have  this  day 
reported  to  the  lord  advocate  of  Scotland  that  the  vessel  is  being  rapidly  finished,  that 
her  boilers  and  heavy  machinery  are  on  board,  and  that  she  could  be  got  ready  for  sea 
in  forty-eight  hours. 

I  have  also  been  in  communication  with  Captain  Farquhar,  of  Her  Majesty's  ship 
Hogue,  now  in  the  Clyde,  and  I  have  made  arrangements  with  him  so  as  to  prevent 
the  possibility  of  this  vessel  being  taken  to  sea  before  the  instructions  of  the  lord  advo- 
cate are  received. 

I  have,  however,  no  reason  to  believe  any  such  attempt  will  be  made. 
Respectfully,  &c, 
(Signed)  FRED.  W.  TREVOR,  Collector. 


BRITISH    CASE    AND    PAPERS.  573 

»   '  No.  43. 

Mr.  Hammond  to  Mr.  Arbuthnot. 

Foreign  Oeeice,  November  17,  1863. 
Sir:  1  have  laid  before  Earl  Kussell  your  letter  of  this  day,  inclosing' 
a  com nui nieation  from  the  board  of  customs  respecting  the  case  of  the 
Canton,  alias  Pampero,  and  requesting  to  be  informed  what  reply  his 

lordship  would  wish  to  be  made  to  the  board  of  customs. 
[500]       #l  am  to  request  that  you  will  state  to  the  lords  commissioners 

of  Her  Majesty's  treasury  that  Lord  Kussell  is  glad  to  perceive 
that  the  collector  of  customs  at  Glasgow  has  made  arrangements  with. 
Captain  Farquhar,  of  Her  Majesty's  ship  Hogue,  now  in  the  Clyde,  so  as 
to  prevent  the  possibility  of  the  vessel  being  taken  to  sea  before  the  in- 
structions of  the  lord  advocate  are  received ;  and,  under  these 'circum- 
stances, Lord  Kussell  conceives  that  the  only  directions  which  it  is 
necessary  to  give  to  the  board  of  customs  are  to  follow  implicitly  the 
instructions  which  may  be  received  from  the  lord  advocate. 

1  am,  &c, 

(Signed)  E.  HAMMOND. 


^ 


No.  44. 

Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  November  17,  1863. 
Sir  :  With  reference  to  my  other  letter  of  this  day's  date,  I  am  di- 
rected by  Earl  Eussell  to  transmit  to  you,  to  be  laid  before  Secretary 
Sir  George  Grey,  a  copy  of  a  letter  which  his  lordship  has  received  from 
the  board  of  treasury  respecting  the  Canton,  alias  the  Pampero,  together 
with  a  copy  of  the  letter  which  has  been  addressed  to  that  department 
in  reply.1 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  45. 

Mr.  Waddington  to  Mr.  Hammond. 

[Private.] 

Whitehall,  November  17,  1863.     (Received  November  17.) 
Mr.  Waddington  presents  his  compliments  to  Mr.  Hammond,  and, 
with  reference  to  his  note  of  this  date,  begs  to  iuclose  a  letter  which  has 
this  day  been  received  from  the  lord  advocate,  respecting  the  Canton, 
which  Mr.  Waddington  requests  may  be  returned  to  the  home  office. 


flnclosure  in  No.  45.] 
The  lord  advocate  to  Mr.  Waddington. 

Edinburgh,  Jfovember  16,  1863. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  yonr  commnnication  of  the  14th 

1  Nos.  42  and  43. 

« 


574  TREATY    OF    WASHINGTON. 

current,  with  its  inclosures,  which,  having  been  from  iiorne  yesterday,  I  have  only  now 
received. 

I  have  taken  steps  to  insure  that  the  vessel  in  question  shall  not  leave  the  Clyde 
until  further  inquiry  is  made.  But  after  perusing  the  papers  which  have  been  trans- 
mitted to  me  from  the  foreign  office,  I  think  it  very  material,  before  resolving  upon 
the  course  to  be  followed,  that  I  should  be  informed  of  the  result  of  the  inquiries  which 
it  is  proposed  to  address  to  Mr.  Pembroke,  of  Austin  Friars,  as  the  tenor  of  his  reply 
will  materially  affect  the  question  as  to  how  far  there  is  or  is  not  a  prima-facie  case  for 
procedure  against  the  vessel.  I  have,  therefore,  to  request  that  I  may  be  informed,  at 
as  early  a  period  as  possible,  of  the  result  of  these  inquiries. 

I  have,  &c, ' 

(Signed)  J.  MONCRIEFF. 


[501]  *No.  46. 

Mr.  Arbathnot  to  Mr.  Hammond. 
[Immediate.] 

Treasury  Chambers, 
November  18,  1863.     (Received  November  19.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to 
you,  for  the  information  of  Earl  Russell,  the  inclosed  copies  of  a  letter 
and  accompanying  documents,  which  their  lordships  have  this  day 
received  from  the  board  of  customs,  relating  to  the  vessel  Canton,  or 
Pampero,  which  is  supposed  to  be  fitting  at  Glasgow  for  the  warlike 
'Service  of  the  Confederate  States  of  America. 
I  am,  &c, 
(Signed)  G.  ARBUTHNOT. 


[Inclosure  1  in  No.  46.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  November  18,  1863. 
Sir  :  With  reference  to  my  letter  of  yesterday's  date  and  previous  correspondence 
upon  the  subject  of  the  vessel  Canton,  or  Pampero,  now  fitting  at  Glasgow  and  sus- 
pected of  being  intended  for  the  service  of  the  Confederate  States  of  America,  I  am 
directed, to  transmit,  for  the  information  of  the  lords  commissioners  of  Her  Majesty's 
treasury,  copy  of  a  report  of  the  collector  of  this  revenue"  at  Glasgow,  detailing  his  fur- 
ther proceedings  under  their  lordships'  order  of  the  4th  instant,  together  with  copy  of 
the  memorandum  therein  referred  to,  which  has  been  handed  to  him  by  the  United 
States  consul,  and  of  the  reply  thereto  given  by  the  collector  ;  and  I  am  to  add  that  the 
board  have  apprised  the  collector  that  they  approve  of  his  reply  to  the  demand  of  the 
consul. 

I  am,  &c, 

(Signed)  P.  G.  GARDNER. 


Iluclosure  2  in  No.  4G.] 

Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  November  17,  1863. 
Honorable  Sirs  :  With  reference  to  your  honors'  orders  and  to  my  report  of  yes- 
terday on  the  subject  of  the  steamer  Pampero,  I  have  further  to  report  that,  late  yes- 
terday afternoon,  I  had  interview  with  the  Crown  ageut  at  the  chambers  of  the  sheriff, 
Sir  Archibald  Alison,  Bart.  The  Crown  a«ent,  with  whom  I  have  also  been  in  commu- 
nication to-day,  is  sent  here  by  the  lord  advocate  for  inquiry.  As  yet,  I  am  given  to 
understand  no  ground  is  obtained  to  justify  the  seizure  of  this  vessel  under  the  foreign- 


BRITISH    CASE    AND    PAPERS.  575 

enlistment  act ;  but  in  the  event  of  there  being  any  attempt  made  to  remove  the  ves- 
sel from  this  harbor,  I  am  to  detain  her,  pending  the  directions  of  the  lord  advocate, 
(under  section  19.or  102  of  the  registry  act,)  as  circumstances  may  justify,  and,  should 
I  require  assistance  in  doing  so,  I  am  to  obtain  it  from  the  police  force. 

The  Crown  agent  will  also  arrange  with  the  telegraph  company  to  have  a  clerk  in 
attendance  all  night  daring  the  present  week,  in  order  that  a  message  may  be  sent  to 
the  collector  at  Greenock  should  the  circumstance  occur,  which  is  not  apprehended,  of 
the  vessel  escaping  our  vigilance,  so  that  she  maybe  slopped  by  Her  Majesty's  ship 
Hogue,  the  captain  of  which  is  prepared  to  act  if  necessary. 

Under  the  arrangements  made,  I  do  not  think  it  possible  this  vessel  can  leave  the 
Clyde  before  the  lord  advocate's  directions  are  received. 

I  have  also  to  report  that  the  consul  for  the  United  States  has  called  upon  me  to-day 
to  inquire  if  I  would  summon  certain  parties,  known  to  him,  to  be  examined  by  me, 
who  were  unwilling  otherwise  to  come  forward  with  their  evidence.  I  acquainted 
him  that  I  was  not  authorized  to  take  such  steps,  when  he  requested  me  to  receive  the 
inclosed  memorandum,  to  which  I  have  made  the  reply  copied  thereon. 
Respectfully,  &c, 
(Signed)  FRED'K  TREVOR,  Collector. 


£502]  -*fIiiclo8ure  3  in  No.  46.] 

Memorandum. 

November  17,  1863. 
On  this  day,  W.  S.  Underwood,  consul  of  the  United  States  at  Glasgow,  called  on  the 
collector  of  customs  at  his  office  in  Glasgow,  and  in  substance  stated  that  he  was 
advised  there  were  several  persons  in  Glasgow  who  possessed  important  information 
calculated  to  inculpate  the  ship  Pampero,  a  vessel  of  war  recently  launched,  and  now 
being  iu  the  Clyde,  but  intended  to  sail  thence  to  carry  on  war  in  behalf  of  the  so-called 
Confederate  States  of  America,  against  the  United  States,  with  which  Her  Majesty's 
government  is  at  peace.  That  these  persons  were  unwilling  to  give  voluntary  affida- 
vits of  the  facts  and  information  so  known  to  and  possessed  by  them,  and  he  desired  to 
know  if  said  collector  would  issue  subpoenas  or  summonses  for  those  persons,  saying  he 
would  give  me  their  names  if  I  would  issue  such  summons,  and  did  give  me  the  name 
of  one  of  said  persons  not  now  inserted  because  notMeemed  material  to  illustrate  the 
question,  which  said  question  of  the  right  and  power  of  said  collector  to  issue  the  sum- 
mons as  desired  is  reserved  by  him  for  consideration  and  action. 

(Signed)  W.  S.  UNDERWOOD, 

United  States  Consul. 


(Inclosure  4  in  No.  46.] 

Mr.  Trevor  to  Mr.   Underwood. 

Custom-House,  Glasgow,  November  17,  1863. 
Dear  Sir  :  With  reference  to  the  memorandum  left  with  me  by  you  this  morning,  I 
beg  to  acquaint  you  that  I  have  no  power  to  summon  and  enforce  the  attendance  of 
any  person  before  me  to  give  evidence  respecting  the  liftings  of  the  steamer  Pampero. 
This  subject  has  been  referred  to  the  lord  advocate  of  Scotland,  who  has  sent  the 
Crown  agent  to  this  city  for  inquiry.     If,  therefore,  you  will  apply  to  the  procurator- 
fiscal  (Mr.  Hart  or  Mr.  Grinnial)  at  the  county  buildings  in  Wilson  street,  I  have  no 
doubt  arrangements  will  be  made  to  give  you  an  interview  with  the  Crown  agent,  and 
every  proper  step  taken  to  obtain  the  information  of  the  parties  you  refer  to. 
I  am,  &c, 
(Signed) 


No.  47. 
Mr.   Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  November  20,  18G3.     (Received  November  20.) 
Sir  :  T  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you 
a  letter  aud  its  inelosures  received  this  day  from  the  lord   advocate, 


576  TREATY    OF    WASHINGTON. 

in  which  he  reports  the  present  state  of  matters  in  regard  to  the 
vessel  named  the  Pampero,  otherwise  the  Canton,  now  in  the  Clyde,  and 
also  a  copy  of  a  letter  which  has  been  addressed  to  the  lord  advocate 
in  reply,  containing  Sir  George  Grey's  instructions  on  the  subject ;  and 
I  am  to  request  that  you  will  submit  the  same  to  Earl  Eussell  for  Lis 
lordship's  information. 

As  the  lord  advocate's  letter  and  its  inclosures  are  sent  in  original,  in 
order  to  save  time,  you  will  be  so  good  as  to  return  them  to  me. 

I  am,  &c, 

(Signed)  H.  WADDINGTON- 


[503]  *[lnclosure  1  in  No.  47.] 

The  lord  advocate  to  Sir  G.  Grey. 

Edinburgh,  November  19,  1863. 
My  Dear  Sir  George  :  I  send  you  a  separate  dispatch  about  the  vessel  in  the 
Clyde. 

I  own  I  do  not  see  how  we  are  to  reach  her,  and  yet  she  is  so  suspicious  a  craft  that 
I  am  loath  to  let  her  go.  The  fact  seems  to  be  that  sbehas  been  built  expressly  to  avoid 
the  act,  but  I  fear  she  has  done  so  successfully.  It  will  be  impossible  to  detain  her 
indefinitely  without  either  seizing  her  or  obtaining  an  interdict,  and  I  do  not  think  we 
have  sufficient  grounds  for  an  interdict ;  but  if  government  think  it  right  to  go  on,  I 
am  quite  ready  to  take  steps  at  once  to  stop  the  vessel  and  try  the  question. 

It  would  save  important  time  if  you  would  let  me  know  by  telegraph  whether  I 
may  make  the  proposed  inquiries  of  Mr.  Pembroke  and  his  agents. 
Ever  yours,  &c, 
(Signed)  J.  MONCRIEFF. 


[Inclostire  2  in  No.  47.  J 
Mr.  Murray  to  the  lord  advocate. 

Crown  Office,  Edinburgh,  November  18,  1863. 

My  Lord  :  In  obedience  to  your  lordship's  instructions  I  proceeded  to  Glasgow  and 
Greenock,  and,  in  the  course  of  yesterday  and  the  day  before,  put  myself  in  communi- 
cation with  Sheriff  Alison,  the  procurator-fiscal;  Mr.  Trevor,  collector  of  customs; 
and  Captain  Farquhar,  of  Her  Majesty's  ship  Hogue. 

From  the  information  I  received,  as  well  as  from  personal  inspection,  I  believe  the 
Canton,  or  Pampero,  as  the  vessel  is  now  called,  maybe  ready  for  sailing  in  a  few  days, 
although  a  longer  time — probably  a  month,  as  her  builders  state— will  be  required  for 
her  full  and  final  completion. 

In  the  mean  time,  however,  arrangements  have  been  made  which  render  it  impossi- 
ble, in  my  opinion,  for  any  attempt  to  remove  her  being  successful. 

The  collector  of  customs  undertakes  to  have  her  watched  night  and  day,  and  imme- 
diate notice  is  to  be  given  him  if  any  attempt  of  this  kind  takes  place.  Upon  receiv- 
ing such  notice  he  is  prepared  to  detain  her  under  the  provisions  of  the  19th  and  102d 
clauses  of  the  merchant-shipping  act,  (1854.)  until,  on  the  one  hand,  she  is  entitled  to 
a  clearance  by  obtaining  a  certificate  of  registry  ;  or,  on  the  other,  a  declaration  of 
nationality  has  been  made.  The  superintendent  of  police  in  Glasgow  has  been  in- 
structed, and  is  prepared  to  give  the  collector  of  customs  all  necessary  assistance,  if 
required. 

As  soon  as  her  owners  take  steps  toward  obtaining  a  certificate  of  registry  or  toward 
making  a  declaration  of  nationality,  notice  will  be  sent  to  your  lordship,  and  after  the 
receipt  of  such  notice  there  may  probably  be  sufficient  time  to  interdict  the  de- 
parture of  the  vessel  under  the  provisions  of  the  foreign-enlistment  act  or  otherwise. 

In  case,  however,  she  should  succeed  so  far  in  evading  the  vigilance  of  the  collector 
of  customs,  or,  through  the  compliance  of  her  owners  with  the  provisions  of  the  mer- 
chant-shipping act,  she  should  be  entitled  to  a  clearance,  and  thus  to  leave  her  berth 
at  the  Broom ielaw,  this  fact  is  to  be  immediately  notified  by  telegraph  to  the  collector 
of  customs  of  Glasgow  and  to  Captain  Farquhar,  of  Her  Majesty's  ship  Hogue.  For 
that  purpose  arrangements  have  been  made  with  the  Magnetic  Telegraph  Company  to 
havr  a  clerk  in  constant  attendance  at  their  offices  in  Glasgow  and  Greenock  for  the 
next  week,  and,  if  necessary,  for  a  longer  period.      Captain  Farquhar  is  to  have  the- 


BRITISH    CASE    AND    PAPERS.  577 

fires  Of  a  gun-boat  banked  night  and  day,  so  that  she  may  get  up  stream  at  a  moment's 
notice,  and  an  armed  boat's  crew  from  the  Hogue  is  to  be  in  constant  readiness.  Upon 
receiving's uch  notification,  (on  the  vessel  being  seen,)  he  is  to  seize  and  detain  her  until 
further  orders.  Another  gun-boat  is  to  be  stationed  some  miles  lower  down  the  Clyde, 
at  Gonrock  Bay,  to  which,  if  occasion  requires  it,  signal  will  be  made  as  an  additional 
precaution  if  she  escapes  past  Greenock. 

For  the  next  night  the  Greenock  custom-house  boat  will  also  keep  a  special  watch. 

With  these  arrangements  Captain  Farquhar  and  the  collector  of  customs  assure  me 
she  cannot  escape  them  ;  they  are  also  of  such  a  nature,  and  will  be  so  carried  out,  as 
not  to  attract  public  attention. 

Should  it  be  thought  necessary,  Captain  Farquhar  is  ready  to  send  a  gun-boat  to 
Glasgow  to  be  laid  alongside  the  Pampero  ;  but  I  thought  it  desirable  at  present 
[504J  to  *avoid  this  step.     All  the  officials  concerned  are  alive  to  the  propriety  of  ac- 
complishing the  object  in  view  with  the  least  possible  interference  on  their 
part. 

I  was  unable  to  see  Messrs.  Thomson,  and  I  also  failed  in  seeing  any  of  the  partners 
of  Messrs.  Patrick,  Henderson  &  Co.,  the  agents  for  the  owner,  Mr.  Pembroke  ;  but  this 
is  of  less  consequence  trom  the  fact  that  the  collector  of  customs  has  received  assurances 
from  both  of  these  houses  that  they  will  not  attenrpt  to  remove  the  vessel  without  giv- 
ing him  previous  notice. 

I  may  add  that,  from  the  appearance  of  the  vessel,  it  is  plain  she  is  not  intended  for 
purposes  of  merchandise.  She  is  constructed  to  accommodate  with  comfort  a  very 
large  crew,  and  her  cabin  accommodation  is  not  unlike  that  of  an  ordinary  vessel  of 
war. 

I  refer  your  lordship  to  the  accompanying  recognitions  of  Robert  Mitchell  and  George 
Julius  Mah6,  which  show  the  result  of  the  inquiries  by  the  procurator-fiscal,  as  far  as 
they  have  gone,  in  regard  to  the  suspected  presence  in  Glasgow  of  Captain  Maffit,  of 
the  Florida,  in  connection  with  this  vessel. 
I  have,  &c, 
(Signed)  AND.  MURRAY,  Jr. 


[Iuclosure  3  in  No.  47.  J 
Mr.  Trevor  to  Mr.  Murray. 

Custom- House,  Glasgow,  November  18,  1863. 
Dear  Sir  :  As  arranged  with  you,  I  called  at  the  magnetic  telegraph  office,  and  saw 
the  superintendent.  He  consented  to  let  clerks  sit  up  at  a  charge  of  2s.  6d.  an  hour 
for  each.  I  arranged  for  last  night,  or  rather  this  morning,  from  3  to  6  a.  in.,  at  Glas- 
gow, and  from  3  to  7  a.  m.,  at  Greenock,  when  the  ordinary  clerks  would  come  on 
duty. 

I  learn,  however,  the  Pampero  has  water  down  the  river  at  all  states  of  the  tide,  so 
that  the  continuance  of  this  arrangement  will  incur  an  expense  of  £1  10s.  a  night,  viz  : 
nine  hours  at  Greenock  and  three  hours  at  Glasgow. 

I  therefore  think  it  safer  to  prevent  her  having  the  opportunity  of  leaving  the  quay, 
and  I  will  get  the  Clyde  police  to  prevent  her  being  moved  without  my  directions,  on 
the  grorfnd  of  her  not  being  duly  cleared.  They  can  do  this  by  not  allowing  a  tug  to 
take  her  in  tow,  and  she  cannot  move  of  her  own  power,  except  after  twenty-four 
hours  to  take  in  coals,  none  of  which  she  has  on  board.  I  should  be  glad  to  hear 
your  approval  of  this. 

I  hear  a  rumor  to-day  that  tlie  crew  are  engaged  to  be  on  board  on  Tuesday  next. 
They  are  not  shipped  at  the  shipping-office  here. 
Yours,  &c, 
(Signed)  FRED'K  TREVOR. 


[Inclosure  4  in  No.  47.] 
Deposition  of  Eobert  Mitchell. 

Glasgow,  November  16,  1863. 
Robert  Mitchell  says  :  I  am  an  emigration  agent  in  Robertson  street,  Glasgow,  and  I 
reside  there.  I  am  a  native  of  Patrick.  I  went  two  voyages  to  sea,  first  as  cook  on 
board  the  Kangaroo  steamer,  plying  betwixt  Liverpool  and  New  York,  and  the  second  as 
purser  in  the  ship  Underwriter,  betwixt  Liverpool  and  New  York,  and  I  left  her  about 
two  years  ago.  Since  then  I  have  been  acting  as  a  merchant  shipping-master  and 
agent,  and  at  present  my  office  is  No.  10  Robertson  street,  Glasgow.  I  don't  know 
Captain  Maffitt,  of  the  Florida  privateer. 

About  a  month  ago  a  man  named  John  Murray  was   introduced  to  me  at  a  masonic 
lodge,  the  Clyde  Lodge,  as  it  is  termed,  by  Robert  McKendrick,  the  master  of  the  lodge, 

H.  Ex.  282,  vol.  ii- 37 


578  TREATY    OF    WASHINGTON. 

an  outfitter  at  the  Broomielaw.  His  master  introduced  Murray  to  me,  saying,  "There 
is  one  of  your  New  York  Masons."  Murray  called  at  my  office  next  day,  and  I  saw  him 
almost  daily  after  that  for  nearly  three  weeks,  during  which  he  was  lodging  in  Mrs. 
Lister's  boarding-house,  at  the  Broomielaw.  Murray  told  me  that  he  had  been  em- 
ployed on  board  the  Florida,  and  wished  advice  from  me  as  to  how  he  should  recover 
his  pay,  amounting  to  $200  and  upward.  I  told  him  he  would  have  to  go  to  Liver- 
pool, and  to  enable  him  to  recover  his  claim,  I  gave  him  A  letter  to  Thomas  Lynch, 

No.  34  Porter  street,  for  whom  I  was  acting  as  agent  here. 
[505]      *  Murray  went  to  Liverpool,  and  returned  and  reported  to  me  that  he  had  got 

his  money,  but  whether  this  was  through  Lynch,  or  how,  I  am  not  aware.  In 
course  of  conversation  Murray  told  me  that  the  Florida  had  been  commanded  by  Cap- 
tian  Maffitt,  and  that  he  had  seen  Captain  Maffitt  in  St.  George's  Square,  Glasgow,  and 
that  on  that  occasion  they  had  recognized  each  other,  though  they  did  not  speak,  as 
Captain  Maffitt  was  engaged  at  the  time.  Murray  described  the  Captain  Maffitt  to  me 
as  a  young  man,  and  rather  lower  in  stature  than  myself,  (I  am  5  feet  6  inches  height,) 
middling  stout,  and  dressed  with  a  blue  Yankee  overcoat,  reaching  down  past  the 
knees,  with  a  velvet  collar,  and  was  wearing  a  glazed  cap  with  a  large  scoop  in  front, 
and  as  having  large  black  whiskers  and  mustache,  and  his  hair,  which  was  of  the 
same  color,  inclined  to  curl ;  and  Murray  mentioned  that  he  had  been  drinking  very- 
hard.  I  tried  very  hard  to  find  out  from  Murray  whether  Captain  Maffitt  was  here  to 
look  alter  the  steamship  formerly  named  the  Canton,  and  now  the  Pampero,  but  he 
would  not  say  anything  about  that.  On  Friday  last,  the  13th  current,  I  saw  a  man 
passing  along  the  breast  or  quay,  a  little  east  from  the  custom-house,  and.  he  answered 
so  completely  to  the  description  Murray  had  given  me  of  Captain  Maffitt,  that  I  imme- 
diately concluded  in  my  own  mind  that  he  was  Maffitt ;  I  went  up  to  him  and  addressed 
him  as  Captain  Maffitt,  and  shook  hands  with  him.  He  did  not  deny  that  was  his  name, 
and  he  asked  how  I  knew  him.  I  told  him  I  thought  I  had  seen  him  in  Virginia,  but 
he  told  me  I  was  wrong.  When  I  accosted  him  I  handed  him  my  address  card  and 
said  to  him,  are  not  you  Captain  Maffitt  of  the  Florida,  and  after  we  had  talked 
together  for  a  time,  he  said,  I  am  not  Captain  Maffitt,  but  a  son  of  his.  I  tried  to  find 
out  from  him  what  he  was  here  for,  or  what  he  was  going  to  do,  and  he  answered  that 
he  did  not  know,  and  he  said  he  would  keep  my  card  and  call  upon  me,  but  he  has  not 
done  so  yet.  I  saw  Murray  on  a  day  in  the  beginning  of  last  week  in  the  shop  of 
Allan,  a  tailor  and  outfitter  in  Broomielaw,  194,  I  think,  making  some  purchases,  and 
he  then  told  me  he  was  employed  on  board  the  Will-of-the-Wisp  steamer,  lying  Green- 
ock tail  of  the  bank.  I  was  at  Greenock  on  Friday  last,  the  13th  instant,  and  she  "was 
then  at  the  tail  of  the  Bank,  and  I  believe  that  Murray  was  then  on  board  of  her,  but 
I  did  not  see  him  that  day,  and  I  have  not  seen  him  since  the  day  I  saw  him  in  Allan's 
shop.  I  did  not  see  the  vessel  Canton,  or  Pampero,  till  after  she  was  launched,  but 
since  that  I  have  seen  her  frequently  when  she  was  lying  close  at  the  quay  at  Finnie- 
ston,  and  I  had  occasion  to  observe  that  she  was  pierced  for  eighteen  guns,  nine  on 
each  side,  and  that  the  port-holes  have  recently  been  closed  up,  but  evidently  only  in 
a  temporary  way,  by  means  of  keys  or  wedges  which  can  be  easily  misplaced,  and  the 
port-holes  restored,  and  I  also  observed  that  her  funnel  is  telescopic,  so  that  it  may  be 
lowered  or  raised  at  pleasure. 

I  do  not  know  Captain  Maffitt  personally,  and  it  was  only  from  Murray's  descriptioii 
of  him  that  I  believe  I  saw  him  on  Friday  last.  I  am  aware  that  Captain  Maffitt  is 
known  to  George  Julius  Mahe",  who  belongs  to  New  Orleans,  and  who  was  lately  in  the 
confederate  service,  and  who  was  captured  afe  Bunker's  Bay  on  2d  December,  1861.  He 
was  kept  a  prisoner  from  that  time  till  he  was  released  from  Fort  Lafayette,  on  the  29th 
January,  1862,  and  who  is  a  nephew  of  the  Honorable  McCurvan,  late  Secretary  of  War 
for  the  United  States.  Malie"  was  to-day  tried  at  the  Gorbals  police  court  for  the  theft 
of  a  watch,  &c,  and,  being  convicted,  had  sentence  of  imprisonment  for  thirty  days.  I 
have  seen  Mahe"  On  many  occasions,  and  he  told  me  that  he  knew  well  Captain  Maffitt 
of  the  Florida,  and  had  seen  him  in  Glasgow,  and  had  met  him  in  the  Queen's  Hotel 
there,  though  particularly  when  he  did  so  he  did  not  mention  to  me.  Murray  told 
me  that  several  of  the  crew  of  the  Florida  were  waiting  in  a  boarding-house  in  the 
Broomielaw,  near  to  Washington  street,  and  four  or  five  doors  to  the  east  of  Washing- 
ton street,  for  the  purpose  of  going  with  some  vessel  from  the  Clyde,  but  whether  the 
Canton  or  which  vessel  I  could  not  learn. 
All  which  is  truth. 

(Signed)  ROBT.  MITCHELL, 


[Inclosure  5  in  No.  47.  J 

Mr.  Hart  to  Mr.  Murray. 

Glasgow,  November  17, 1863. 
Sir  :  Referring  to  the  declarations  of  Robert  Mitchell,  which  I  handed  to  you  last 


BKITISH    CASE    AND     PAPERS.  579 

night,  I  have  seen  George  Julius  Mahe"  and  examined  him,  and  I  now  transmit  his 
statement,  from  which  it  will  be  seen  that  he  declines  giving  any  information. 

I  may  mention  that,  before  his  statement  was  taken,  he  mentioned  ,to  me  verbally 

that  some  six  or  seven  days  ago  he,  Mahe",  had  seen  Captain  Maffitt  at  the 

[506]  Queen's  Hotel,  *here,  along'with  other  two  captains,  named  John  J.  Grey  and 

Hoifman  ;  but  when  I  began  to  question  him  as  to  the  occasion  of  seeing  them, 

and  other  particulars,  he  stopped  short,  and  said  he  would  say  nothing  more  about 

them. 

Acting,  however,  on  the  hint  he  had  given,  I  have  inquired  at  the  Queen's  Hotel, 
and  I  find  that,  in  the  course  of  the  last  two  months,  a  good  many  Americans,  appar- 
ently ship-captains,  have  been  coming  and  going  there,  but  their  names  are  not  known; 
and,  in  particular,  it  appears  that  no  captain  had  been  staying  there  under  the  name 
of  Maffitt  or  Major  Prusset. 

The  porter  of  that  hotel  remembers  two  gentlemen,  who  called  themselves  St.  Clair 
and  North,  calling  once  or  twice  on  one  or  more  of  the  captains  who  were  staying  at 
the  hotel,  but  he  cannot  remember  the  name  of  the  person  whom  they  asked  for. 

I  have  to-day  been  in  communication  with  Mr.  Underwood,  the  American  consul, 

and  he  has  promised  to  add  some  information  to-morrow  as  to  St.  Clair  and  North,  in 

connection  with  the  vessel  in  question,  and  showing  that  they  are  confederate  agents. 

As  soon  as  I  receive  the  promised  information  I  shall  investigate  and  report  forthwith- 

I  am,  &c, 

(Signed)  WM.  HART,  Procurator-Fiscal. 


[Inclojsure  6  in  No.  47. J 
Deposition  of  George  Julius  Mahe. 

Glasgow,  November  17,  1863. 

George  Julius  Mahe  says:  I  am  at  present  a  prisoner  in  the  prison  of  Glasgow,  hav- 
ing yesterday  been  convicted  of  theft  before  the  Gorbals  police-court,  and  adjudged  to 
be  imprisoned  thirty  days  from  that  date. 

I  am  a  native  of  St.  James  parish,  Louisiana,  in  the  United  States  of  America.  In 
January,  1861,  I  became  acquainted  with  Captain  Maffitt,  who  subsequently  was  cap- 
tain of  the  Florida  steamer,  in  the  confederate  service.  I  was  introduced  to  him  at 
the  time  above  mentioned  at  Nassau,  by  a  cotton-trader,  at  New  Orleans,  but  I  do  not 
remember  his  name.  Captain  Maffitt  was  at  the  time  along  with  the  several  other  ship- 
captains,  and  one  of  these  was  the  captain  of  the  ship  Bulldog,  then  lying  at  Nassau. 
I  was  for  some  time  in  the  confederate  service.  I  was  a  captain  in  the  army,  and  I 
resigned  my  commission  in  November,  1861.  I  came  to  Glasgow  on  the  2d  of  the  pres- 
ent month.  As  I  feel  an  interest  in  the  confederate  cause,  I  am  unwilling  to  say  any- 
thing that  might  prove  injurious  to  the  confederate  cause,  and  in  particular  I  will 
mention  no  connection  or  communication  that  I  may  have  had  with  the  confederate 
captains  or  agents,  and  1  will  not  mention  whether  or  not  I  saw  Captain  Maffitt  in  Glas- 
gow, and  I  may  add  that  I  do  not  believe  he  is  in  Glasgow  at  the  present  moment. 

(Signed)  GEO.  J.  MAIIE\ 


[Inclosure  7  in  No.  47.] 
Mr.  Waddington  to  the  lord  advocate. 

»  -  Whitehall,  November  20,  1865. 

My  Lord:  I  am  directed  by  Secretary  Sir  George  Grey  to  acknowledge  the  receipt 
of  your  lordship's  letter  of  the  19th  instant  (marked  confidential)  and  its  inclosures, 
reporting  the  present  state  of  matters  in  regard  to  the  vessel  named  the  Pampero,  (oth- 
erwise the  Canton,)  now  in  the  Clyde. 

Sir  George  Grey  has  already  authorized  your  lordship,  by  telegraphic  message,  to 
communicate  with  Mr.  Pembroke  and  his  agents,  according  to  your  discretion. 

If  after  this  communication  has  taken  place  your  lordship  should  still  find  yourself, 
as  stated  in  your  letter,  "  without  any  evidence  that  the  vessel  is  intended  for  the 
confederate  service,"  Sir  George  Grey  would  not  feel  justified  in  directing  you  to  take 
further  proceedings  by  application  for  an  interdict  or  otherwise,  with  the  utmost  cer- 
tainty of  failure.  If,  however,  your  lordship  should  consider  yourself  able  to  make 
upon  that  essential  point  a,  prima  facie  case,  he  has  no  hesitation  in  saying  that  the  cir- 
cumstances connected  with  the  peculiar  construction  of  the  vessel  are  sufficient  to 
warrant  a  proceeding  under  the  seventh  section  of  the  act,  with  a  view  to  the  settle- 


580  TREATY    OF    WASHINGTON. 

meut  by  authority  of  the  law  upon  the  subject.    In  that  case  your  lordship  will 
[507]  use  your  discretion  as  to  *making  a  seizure  before  your  application  for  an  inter- 
dict, should  the  attempted  departure  of  the  vessel  make  such  a  step  necessary. 
I  have,  &c, 
(Signed)  '  H.  WADDINGTON. 


No.  48. 
Mr.  Hammond  to  Mr.  Waddington. 

[Immediate.] 

Foreign  Office,  November  21, 18G3. 
Sir  :  I  am  directed  by  Earl  Kus^ell  to  request  that  you  will  state  to 
Sir  George  Grey  that  bis  lordship  concurs  in  the  letter  addressed  to  the 
lord  advocate  on  the  20th  instant,  respecting  the  measures  to  be  adopted 
toward  the  Canton,  or  Pampero,  of  which  a  copy  is  inclosed  in  your 
letter  of  that  day's  date. 

The  other  papers  inclosed  in  your  letter  in  original  are  returned  here- 
with, and  1  am  to  request  that  Lord  Russell  may  hereafter  be  furnished 
with  copies  of  them  for  the  use  of  this,  office. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  49. 

Mr.  Hamilton  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers, 
November  21,  1863.    (Received  November  21.) 
Sir:  With  reference  to  previous  correspondence  on  the  subject  of  the 
vessel  Canton,  or  Pampero,  fitting  at  Glasgow,  as  has  been  suspected, 
for  the  warlike  service  of  the  Confederate  States  of  North  America,  I  am 
commanded  by  the  lords  commissioners  of  Her  Majesty's  treasury  to 
transmit  to  you,  for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a 
letter  which  their  lordships  have  this  day  received  from  the  board  of 
customs,  with  copy  of  its  inclosure,  further  relating  to  this  vessel. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  49.J 

Mr.  Gardner  to  Mr.  Hamilton. 

.  Custom-House,  November  21,  1863. 
Sir  :  With  reference  to  the  orders  of  the  lords  commissioners  of  Her  Majesty's 
treasury,  dated  the  lbth  instant,  and  to  the  previous  correspondence  which  has  taken 
place  relative  to  the  steamer  Canton,  or  Pampero,  now  fitting  at  Glasgow,  and  supposed 
to  be  intended  for  the  service  of  the  Confederate  States  of  America,  I  am  desired  to 
transmit  to  you,  for  the  information  of  their  lordships,  the  accompanying  copy  of  a 
further  report  on  the  subject,  dated  the  20th  instant,  which  the  board  have  received 
from  their  collector  at  Glasgow. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


BRITISH    CASE    AND     PAPERS.  581 

[Inclosure  2  in  No.  49.] 

Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  November  20, 1863. 
Honorable  Sirs  :  With  reference  to  my  previous  communications  on  the  subject  of 
the  steamer  Pampero,  I  have  further  to  report  that  Mr.  James  Galbraith,  partner  in  the 
firm  of  Messrs.  Patrick,  Henderson  &  Co.,  called  upon'me  this  morning,  and  renewed 
the  promises  he  had  previously  made,  that  the  vessel  should  not  be  removed  from  the 
quay  without  my  sanction,  and  that  he  would  not  even  engage  a  crew  without  inform- 
ing me. 
[508]    *In  course  of  conversation  he  said  the  vessel  belonged  to  five  or  six  individuals, 
including  himself  and  the  firm  of  Pembroke,  in  Austin  Friars,  and  that  he  had 
just  returned  from  London,  where  he  had  met  the  owners,  and  that  he  had  stated  to 
them  the  promise  he  had  made  to  me,  and  had  obtained  from  them  full  authority  over 
the  vessel ;  and  he  intimated  she  was  still  for  sale,  and  would  not  be  ready  for  sea  for 
three  or  four  weeks.     I  have  personally  communicated  the  particulars  of  this  conversa- 
tion to  the  Crown  agent,  who  is  now  here. 

I  have  also  to  report  that  the  arrangements  at  first  made  not  being  thought  quite 
satisfactory  to  make  it  impossible  the  vessel  could  escape,  I  endeavored  to  obtain  the 
aid  of  the  Clyde  police,  to  prevent  the  vessel  leaving  the  quay  during  the  night,  with- 
out having  obtained  any  clearance ;  and,  finding  them  unwilling  to  act,  I  caused  on 
Wednesday  night  a  double  watch  to  be  kept  on  the  vessel,  with  directions  to  put  an 
officer  on  board  any  tug  that  may  come  to  the  Pampero,  and  to  accompany  her. 

Yesterday  I  proceeded  to  Greenock  to  communicate  with  Captain  Farquhar,  royal 
navy,  of  the  Hogue,  and  after  full  consideration  we  concurred  in  opinion  that  the  only 
safe  step  to  be  relied,  on  was  to  dispatch  one  of  his  gun-boats  to  Glasgow,  to  lie  in  the 
river  below  the  quay  at  which  the  Pampero  remains.  I  accordingly  submitted  this 
opinion  by  letter  to  the  Crown  agent,  for  the  consideration  of  the  lord  advocate.  The 
Crown  agent  having  signified  the  approval  of  the  lord  advocate,  I  have  to-day  tele- 
graphed to  Captain  Farquhar  accordingly,  and  I  have  no  doubt  the  gun-boat  will  arrive 
this  evening. 

Respectfully, 

(Signed)  FRED'K  TREVOR,  Collector. 


No.  50. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  November  24, 1863.     (Received  November  25.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a  letter 
dated  the  22d  instant,  from  Captain  Farquhar,  of  Her  Majesty's  ship 
Hogue,  at  Greenock,  stating  that  he  had  sent  the  gun-boat  Goldfinch  to 
Glasgow,  (where  she  is  now  moored  in  the  vicinity  of  the  suspected  ves- 
sel the  Pampero,  alias  Canton,)  in  order  to  frustrate  any  attempt  to  carry 
the  Pampero  to  sea  at  night.    The  orders  given  to  the  officer  in  com- 
mand of  the  gun-boat  by  Captain  Farquhar  are,  that  he  is  to  take  no 
steps  whatever  unless  called  upon  to  do  so  by  the  custom-house  authori- 
ties, or  in  case  of  the  Pampero  endeavoring  to  getaway  surreptitiously. 
I  am,  &c, 
(Signed)  C.  S.  KENNEDY, 

(Pro  Secretary.) 

[Inelosnre  in  No.  50.] 

Captain  Farquhar  to  the  secretary  to  the  admiralty. 

Hogue,  Greenoel;  November  22,  1863. 
Sir  :  Referring  to  confidential  correspondence,  I  beg  to  inform  you  that,  fearing  lest 
a  daring  attempt  might  be  made  to  carry  the  Pampero,  alias  Canton,  to  sea  at  night,  and 


582  TREATY    OF   WASHINGT(*N. 

there  being  a  possibility  of  such  an  attempt  proving  successful,  I  deemed  it  necessary 
to  send  the  gun-boat  Goldfinch,  steam-tender,  to  Glasgow,  (where  she  is  now  moored  in 
the  vicinity  of  the  suspected  vessel,)  in  order  to  frustrate  such  an  attempt,  if  made. 
The  lord  advocate  concurs  in  the  expediency  of  this  step. 

My  orders  to  the  officer  in  command  of  the  gun-boat  are,  to  take  no  active  steps 
whatever  unless  called  upon  to  do  so  by  the  custom-house  authorities,  or  in  case  of  the 
Pampero  endeavoring  to  get  away  surreptitiously. 

I  yesterday  sent  you  a  telegram  in^cipher,  informing  you  that  I  had  dispatched  the 
gun-boat  to  Glasgow. 
I  have,  &c, 
(Signed)  A.  FARQUHAR. 


[509]  *No.  5i: 

Mr.  Leslie  to  Mr.  Hammond. 

November  25, 1863.    (Received  November  26.) 

Dear  Mr.  Hammond  :  Sir  George  Grey  desires  me  to  send  you  the 
inclosed  extract  of  a  letter  from  the  lord  advocate,  in  re  the  Canton. 
Believe  me,  &c., 
(Signed)  GEORGE  WALDEGRAVE  LESLIE. 


[Inclosure  in  No.  51.] 
The  lord  advocate  to  Sir  G.  Grey. 
[Private  and  Confidential.] 
[Extract.] 

Edinburgh,  November  24,  18G3. 
As  to  Canton,  it  still  stands  in  a  perplexing  position.  I  find  that  the  ship-agents, 
or  rather  one  of  their  partners,  Mr.  Galbraith,  has  avowed  himself  to  be  a  part-owner. 
I  have  directed  him  to  be  examined,  and  delayed  asking  Mr.  Pembroke  the  question 
until  I  hear  the  result.  The  vessel  cannot  move,  as  there  is  a  gun-boat  alongside.  I 
thought  it  better  to  make  this  certain.  We  shall  have  to  try  the  matter  at  some  dis- 
advantage ;  but  I  expect  to  prove,  with  reasonable  certainty,  that  she  was  built  with 
a  view  to  the  confederate  service. 


No.  52. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

.  Whitehall,  December  3,  1863.     (Received  December  3.) 

Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you 
herewith  copies  of  two  letters  from  the  lord  advocate,  and  of  their  in- 
closures,  relative  to  his  proceedings  in  the  matter  of  the  Pampero ;  and 
I  am  to  request  that  you  will  submit  the  same  to  Earl  Eussell,  and 
state  to  his  lordship  that  Sir  George  Grey  has  informed  the  lord  advocate 
that  he  approves  of  his  having  resolved  to  delay  the  seizure  of  the 
Pampero  until  a  decision  has  been  given  in  the  case  of  the  Alexandra. 

I  am,  &c, 

(Signed)  H.  WADDINGTOIST. 


BRITISH    CASE    AND     PAPERS.  583 

[Inclosure  1  in  No.  52.] 
The  lord  advomte  to  Sir  G.  Grey. 

Edinburgh,  Decembei*  2, 1863. 

My  Dear  Sir  George  :  On  further  consideration  of  the  documents  I  received  yes- 
terday from  Glasgow,  I  have  resolved  to  delay  the  seizure  of  the  vessel  in  the  mean 
time,  and  to  send  you  full  copies  of  the  inclosures  in  Mr.  Galbraitk's  letter,  which  I 
now  do. 

On  the  face  of  them  these  letters  contain  the  fullest  disclosure  of  all  that  is  necessary 
to  bring  the  case  within  the  rule  applicable  to  that  of  the  Alexandra,  whatever  that 
rule  may  be.  Indeed,  more  is  avowed  in  the  documents  than  I  should  have  expected, 
seeing  that  when  these  letters  were  written,  and  after,  according  to  these  letters,  the 
contract  was  at  an  end,  Captain  Sinclair  -was  in  Glascow,  and  in  daily  communication 
with  the  owners  as  well  as  builders.  This  is  clearly  proved  by  the  inquiries  I 
have  made.  It  would  have  been  quite  easy  to  have  broken  off  the  contract,  without 
according  so  distinctly  the  original  objects  which  the  parties  contemplated. 

Still,  I  have  no  reason  to  doubt  in  the  main  the  truth  of  these  documents,  or  the  fact 
that  for  the  present  at  least  the  confederate  agent  has  relinquished  the  vessel,  and  that 
the  owners  are  ready  to  treat  for  her  sale  in  the  market.  It  is  to-day  reported  that  she 
is  sold  to  the  Prussian  government.  Having  clear  proof  that  she  was  constructed  for 
belligerent  purposes,  on  a  contract  with  the  confederate  agent,  I  do  not  think  that  in 
law  a  subsequent  sale  would  defeat  the  Crown's  right  to  seize  and  condemn. 
f510]  But  if  such  a  *sale  were  made  bona  fide,  and  the  government  were  satisfied  of 
that,  it  might  be  a  question  whether  as  the  object  of  preventing  her  use  by  a 
belligerent  had  been  attained,  it  was  necessary  to  raise  the  question  of  law. 

On  the  whole  matter,  I  am  inclined  to  await  the  decision  in  the  Alexandra  case,  the 
vessel  being  still  under  the  inspection  of  the  gun-boat  which  was  stationed  close  to  her 
some  time  ago.  If  judgment  goes  for  the  Crown,  it  would  materially  alter  the  position 
of  the  case,  and  the  difficulties  which  surround  it.  If,  on  the  other  hand,  the  judg- 
ment on  the  construction  of  the  statute  is  against  the  Crown,  it  may  be  considered 
whether  the  public  interests  will  not  be  sufficiently  considered  by  an  arrangement 
Avhich  prevents  the  vessel  passing  into  belligerent  hands. 

I  have  obtained  a  large  amount  of  evidence  of  one  kind  or  another,  tending  to  show 
the  confederate  character  of  the  vessel ;  but  the  inclosed  correspondence  supersedes 
it,  and  leaves,  in  short,  nothing  to  be  ascertained  but  the  law. 

The  position  is  so  entirely  novel  that  I  thought  it  better  to  allow  time  for  hearing 
your  views  upon  it. 

Believe  me,  &c, 

(Signed)  J.  MONCRIEFF. 


[Inclosure  2  in  No.  52.] 
The  lord  advocate  to  Sir  G.  Grey. 

Edinburgh,  December  1,  1863. 

My  Dear  Sir  George:  I  send  you  inclosed  a  (copy)  letter  which  at  last  puts  us  in 
possession  of  the  important  facts  connected  with  thebuilding  of  the  Pampero.  I  had 
directed  the  procurator-fiscal  to  examine  Mr.  Galbraith,  but  for  some  days  he  avoided 
being  examined,  and  was  in  fact  taking  legal  advice.  At  last,  on  the  25th,  the  procu- 
rator-fiscal received  from  him  a  letter,  of  which  inclosure  No.  1  is  a  copy. 

I  directed  the  procurator-fiscal  to  inquire,  in  reply,  by  whom  the  vessel  was  ordered, 
when  the  persons  named  obtained  their  interest  in  her,  and  requested  a  copy  of  any 
documents  relative  to  the  transaction.  This  letter  he  answered  on  the  30th,  in  a  letter 
of  which  No.  2  is  a  copy,  and  you  will  see  that  it  leaves  no  doubt  whatever  as  to  the 
original  destination  or  character  of  the  vessel,  which,  indeed,  there  is  no  attempt  to 
conceal.  They  seem  to  have  been  advised  to  take  their  stand  on  the  legality  of  the 
proceeding. 

It  does  not  appear  to  me  that  the  alleged  cancellation  of  the  contract  in  any  degree 
avoids  the  application  of  the  provisions  of  the  foreign-enlistment  act  if  they  include 
the  original  transaction,  and  so  I  should  at  once  have  given  orders  to  seize  the  vessel, 
but  that  the  judgment  of  the  Alexandra  case  is  to  be  given  on  Monday.  My  inclina- 
tion is  to  proceed  notwithstanding,  but  if  you  think  we  should^vait,  a  telegram  sent 
me  to-morrow  before  6  in  the  afternoon  will  be  in  time. 
I  remain,  &c, 
(Signed)'  J.  MONCRIEFF. 


584  v      TREATY    OF    WASHINGTON. 

[Inclosure  3  in  No.  52.] 
Mr.  Galbraith  to  Mr.  Hart. 

Glasgow,  November  25, 1863. 
Sir:  Understanding  that  the  lord  advocate  has  directed  you  to  obtain  information 
as  to  the  owners  and  the  destination  of  the  screw-steamer  Pampero,  built  by  Messrs. 
James  and  George  Thomson,  and  now  lying  at  the  Broomielaw,  I  have  to  state— 

1.  That  the  owners  are  Messrs.  Smith,  Fleming  &  Co.,  of  London  ;  Mr.  Robert  Simp- 
son, of  London;  Mr.  Edgar  O.  Stringer,  of  London;  Mr.  Alexander  Collie,  of  Manches- 
ter; Mr.  Q.  D.  Findlay,  of  Glasgow;  Mr.  Peter  Denny,  of  Dumbarton;  and  myself; 
and, 

2.  That  the  owners  are  in  course  of  considering  whether  to  sail  the  vessel  them- 
selves or  to  sell  her.  If  they  sail  her  themselves,  they  will  employ  her  solely  as  a  mer- 
cantile ship.    If  they  sell  her,  they  will  do  so  in  the  most  public  manner. 

I  give  you  this  information  as  the  ship-builders  of  the  owners,  and  I  give  it  in  writ- 
ing instead  of  verbally,  in  order  to  insure  greater  precision  and  accuracy. 
I  am,  &c, 
(Signed)  ,  JAS.  GALBRAITH. 


[511]  *  [Inclosure  4  in  No.  52.  J 

Mr.  Galbraith  to  Mr.  Hart. 

Glasgow,  November  30,  1863. 

Sir  :  I  am  now  enabled  to  answer  your  letter  to  me  of  the  27th  instant,  but,  in  doing 
so,  I  must  guard  myself  against  the  supposition  that  I  recognize  the  right  of  the  lord 
advocate  to  require  the  information  asked,  or  any  information,  in  a  matter  about 
which,  as  far  as  I  am  aware,  his  lordship  has  not  taken  any  definite  action. 

Waiving,  however,  this  point  for  the  present,  I  think  it  due  to  myself,  and  to  the 
other  owners  of  the  Pampero,  to  state  explicitly  that  we  have  nothing  to  conceal,  and 
that  I  shall,  therefore,  on  their  behalf  and  on  my  own,  furnish  you  with  all  the  informa- 
tion regarding  the  vessel  of  which  I  am  possessed. 

The  original  contract  for  her  construction  was  embodied  in  missive  letters  dated  10th 
and  17th  October,  1862,  which  passed  between  Messrs.  James  and  George  Thomson,  of 
Glasgow,  and  Mr.  Edward  Pembroke,  of  London.  A  copy  of  these  missive  letters  is 
herewith,  (No.  1.)  The  terms  of  the  missives  were  afterward  embodied  in  a  formal  deed 
between  the  same  parties.  The  deed  is  dated  12th  and  22d  November,  1862,  and  the 
original  is  sent  herewith,  (No.  2),  as  it  would  take  some  time  to  copy. 

Mr.  Pembroke  entered  into  the  contract  with  the  view  to  selling  the  vessel  at  a  profit 
to  Mr.  G.  T.  Sinclair,  then  in  London,  who  represented  himself  as  a  subject  of  the  so- 
called  Confederate  States  of  America.  Accordingly,  the  same  day  that  Mr.  Pembroke 
accepted  the  Messrs.  Thomson's  oifer,  viz,  17th  October,  1862,  he  agreed  to  sell  the 
vessel  to  Mr.  Sinclair  ;  a  copy  of  the  agreement  to  that  effect  between  Mr.  Pembroke 
and  Mr.  Sinclair  is  herewith,  (No.  3.) 

Mr.  Pembroke  acted  in  the  transaction,  not  for  himself,  but  for  the  parties  referred 
to  in  my  letter  to  you  of  the  25th  current,  to  whom  he  accordingly  made  a  transfer  of 
his  interest  in  the  contract  with  Messrs.  Thomson,  and  in  the  agreement  with  Mr. 
Sinclair.  A  copy  of  this  transfer,  which  is  also  dated  17th  October,  1862,  is  sent  here- 
with, (No.  4.) 

The  construction  of  the  vessel  was  proceeded  with  by  Messrs.  Thomson,  under  the 
superintendence  of  Mr.  Sinclair,  as  the  party  really  interested  in  her,  but  when  she  was 
near  completion  Mr.  Sinclair  proposed  to  cancel  the  contract.  The  proposition  was 
contained  in  a  letter  addressed  by  him  to  Mr.  Pembroke,  of  date  24th  September  last, 
and  after  some  correspondence  as  to  terms,  the  contract  was  canceled  on  the  21st 
October  last.  A  copy  of  the  whole  correspondence  between  the  parties  relating  to  the 
cancelment  is  sent  herewith,  (No.  5.) 

I  am  ready  to  show  you  the  originals  of  Nos.  1,  2,  3,  and  5.  The  copies  of  these 
documents  you  can  retain.  The  original  No.  4  you  will  be  so  good  as  return  me  as 
soon  as  convenient. 

The  documents  sent  furnish  you  with  all  the  information  requested  in  your  letter  of 
the  27th  current.  I,  of  course,  rely  on  that  information  being  treated  as  confidentially 
as  if  it  were  a  recognition  taken  by  the  Crown  in  an  avowed  criminal  proceeding. 

I  have  only  to  add,  in  reference  to  the  second  paragraph  of  my  letter  to  you  of  the 
25th  current,  that  if  the  British  government  is  desirous  to  purchase  or  charter  the  ves- 
sels the  owners  will  be  ready,  I  believe,  to  treat  with  them. 
I  am,  &c, 
(Signed)  JAS.  GALBRAITH. 


BRITISH    CASE    AND    PAPERS.  585 

[Inclosure  5  in  No.  52  J 

Mr.  Sinclair  to  Mr.  Pembroke. 

London,  September  24,  1863.  . 
My  Dear  Sir:  When  I  made  a  contract  with  you  in  November  last  for  the'building 
of  a  steamship  I  was  under  the  full  impression,  having  taken  legal  advice,  that  there  was 
nothing  in  the  law  of  England  that  would  prevent  a  British  subject  from  building  such 
a  vessel  for  any  foreign  subject  as  a  commercial  transaction  ;  although  the  recent  de- 
cision of  the  court  of  exchequer,  in  the  case  of  the  Alexandra,  would  seem  to  sustain 
the  opinion,  yet  the  evident  determination  of  your  government  to  yield  to  the  pressure 
of  the  United  States  minister  and  prevent  the  sailing  of  any  vessel  that  may  be  sus- 
pected of  being  the  property  of  a  citizen  of  the  Confederate  States  is  made  so  manifest, 
that  I  have  concluded  it  will  be  better  for  me  to  endeavor  to  close  the  contract  referred 

to,  and  go  where  I  can  have  more  liberal  action. 
[512]      *ln  these  circumstances  I  desire  to  put  an  end  to  our  transaction,  by  your  re- 
turning me  the  cotton  certificates,  which  I  delivered  to  account  of  price,  and  my 
cancelling  the  contract. 

The  increased  value  of  shipping  since  the  date  of  our  transaction  will,  I  have  no 
doubt,  enable  you  to  meet  at  once  my  wishes  in  this  respect.  I  shall  feel  much  obliged 
by  an  early  reply.  % 

(Signed)  G.  T.  SINCLAIR. 


[In closure  6  in  No.  52.] 

Mr.  Pembroke  to  Mr.  Sinclair. 

*  London,  September  29, 1863. 

Dear  Sir:  I  duly  received  your  favor  of  the  24th  instant  on  the  subject  of  my  con- 
tract with  you  of  date  October,  1862,  for  the  construction  of  a  steamship. 

I  am  sorry  that  you  should  adopt  the  view  you  have  done  toward  our  government, 
and  which  I  believe  to  be  erroneous.    I  have  seen  the  parties  connected  with  this  ves- 
sel, and  laid  before  them  your  proposal  for  cancelling  the  contract  with  me ;  they  are 
desirous  that  said  contract  should  be  carried  out,  but  if  you  do  not  see  your  way  to 
such  I  am  authorized  to  cancel  it,  relieving  you  from  further  payment,  by  retaining  the 
vessel  and  the  cotton  certificates  already  delivered  to  account  of  price. 
Your  proposition  is  entirely  out  of  the  question. 
I  am,  &c, 
(Signed)  EDWARD  PEMBROKE. 


[Inclosure  7  in  No.  52.] 

Mr.  Sinclair  to  Mr.  Pembroke. 

32  India  Street,  Glasgow, 

October  2,  1863. 

My  Dear  Sir  :  I  must  confess  that  your  letter  of  the  29th  ultimo  utterly  astonishes 
me.  I  have  found  in  all  my  dealings  with  English  merchants — dealings  covering  large 
sums — an  amount  of  fairness  that  has  deeply  impressed  me,  and  therefore  I  was  the 
more  astonished  at  the  contents  of  your  letter.  I  have  laid  it  before  my  friends,  and 
will  now  say  to  you,  in  perfect  candor,  that  I  am  under  orders  to  quit  England.  The 
unconcealed  hostility  of  your  government  in  many  of  its  acts  toward  my  country,  and 
the  recently  publicly-expressed  opinion  of  Earl  Russell  that  he  was  prepared  to  go 
beyond  and  behind  the  law  in  order  to  meet  the  bullying  demands"  of  the  Yankees,  can 
leave  no  doubt  on  a  candid  mind  that  he  will  not  permit  the  unarmed  vessel,  for  which 
I  contracted  with  you,  to  leave  England,  for  fear  she  might  find  arms  in  some  other 
part  of  the  world  and  offend  the  Yankees. 

Under  these  circumstances,  I  have  no  alternative  left  me  but  to  make  a  sacrifice  of  a 
portion  to  save  the  rest,  and  therefore  I  appeal  to  the  sense  of  fair  dealing  and  honor 
which  has  ever  characterized  the  English  merchant,  as  represented  by  yourself  and 
friends,  to  consider  the  fact  that  no  fault  of  mine  compels  me  to  cancel  this  contract, 
but  the  fault  of  your  government,  and  make  me  a  more  liberal  offer  than  that  contained 
in  your  letter  of  the  29th  September. 

(Signed)  GEORGE   T.  SINCLAIR. 


586  TREATY    OF    WASHINGTON. 

[Inclosure  8  in  No.  52. 

Mr.  Pembroke  to  Mr.  Sinclair. 

London,  E.  C,  October  10,  1863. 

Dear  Sir  :  I  duly  received  your  favor  of  the  2d  instant,  in  respect  to  which  I  have 

consulted  the  parties  interested  in  the  steamer,  and  they  instruct  me  to  intimate  to 

you  their  regret  that  they  cannot  deviate  from  the  decision  come  to  (as  intimated  by 

me  to  you  29th  ultimo)  in  regard  to  your  wish  to  cancel  the  contract  for  said  steamer. 

Though  you  naturally  look  upon  the  certificates  as  equal  to  money  for  their  nominal 

value,  the  holders  must  view  them  very  differently ;  and,  taking  the  present  market 

value  of  these  securities,  they  certainly  do  not  think  that  they  have  in  them 

[513]   more  than  the  *needful  margin  to  provide  for  risk  of  loss  in  disposing  of  a  vessel 

which,  though  suitable  in  other  respects  for  mercantile  purposes,  is  very  much 

more  expensive  in  construction  than  is  required  for  such.      I  am,  therefore,  requested 

to  intimate  to  you  that  the  only  conditions  upon  which  the  contract  can  be  canceled 

are  stated  in  my  communication  to  you  of  29th  ultimo. 

(Signed)  EDWARD  PEMBROKE. 


[Inclosure  9  in  No.  52.] 

Mr.  Sinclair  to  Mr.  Pembroke. 

32  India  Street,  Glasgow, 

October  14,  1863. 

Dear  Sir  :  I  have  your  letter  of  the  10th  instant  before  me.  I  have  given  this 
letter  my  most  mature  consideration,  and  I  must  say  that  I  am  much  disappointed  at 
the  character  of  its  contents.  Having  been  plain  and  candid  with  you  in  informing 
you  that  I  was  acting  under  positive  instructions  to  close  my  accounts  and  transac- 
tions in  this  country  in  consequence  of  the  hostility  of  the  government,  and  thus  plainly 
showing  that  it  is  no  fault  of  mine  that  provents  my  carrying  out  my  contract  with 
you  for  an  unarmed  ship,  I  did  hope  for  more  liberal  action  on  the  part  of  yourself  and 
friends. 

I  agree  with  you  fully  in  your  statement  that  the  ship  has  been  more  expensively 
constructed  than  an  ordinary  ship  for  commercial  purposes  would  have  been,  but  you 
must  yourself  admit  that  all  this  adds  greatly  to  the  durability  of  the  ship,  and  can- 
not consequently  be  considered  to  injure  her  present  value,  but,  on  the  contrary,  adds 
to  it. 

As  to  the  value  of  the  cotton  bonds,  that  "is  a  point  which  time  will  decide.  Their 
present  nominal  value  is  no  doubt  depreciated,  but  their  surroundings  as  to  value  were 
considered  wjien  they  were  issued,  and  then,  as  now,  their  value  was  prospective. 

May  I  not  conclude  this  letter  with  a  hope  that  you  will  reconsider  what  I  must 
regard  as  your  ungenerous  terms,  all  the  circumstances  of  the  case  being  considered  ? 

Your  early  replv  will  oblige, 

(Signed)     *  GEO.  T.  SINCLAIR. 


[Inclosure  10  in  No.  52.] 

Mr.  Sinclair  to  Mr.  Pembroke. 

32  India  Street,  Glasgow, 

October  19,  1863. 
My  Dear  Sir  :  As  I  have  not  heard  from  you  in  reply  to  my  last  letter,  I  assume  you 
are  not  prepared  to  make  the  concession  in  respect  to  my  cancelling  the  contract  with 
you  for  the  steamer.  If  such  is  the  case,  however  hard  upon  me,  I  must  submit,  as  I 
desire  to  make  no  farther  sacrifice  on  the  part  of  those  for  whom  I  act.  You  will  be 
pleased,  therefore,  to  advise  me  by  return  mail  (if  no  concession  is  to  be  made)  that 
you  agree  to  cancel  the  contract  on  the  conditions  you  have  stated,  and  that  you  have 
no  further  claims  upon  me  in  respect  to  it. 

(Signed)  GEO.  T.  SINCLAIR. 


>  BRITISH    CASE    AND    PAPERS.  587 

[Inclosure  11  in  No.  52.] 

Mr.  Pembroke  to  Mr.  Sinclair. 

8  Austin  Friars,  London,  E.  C, 

October  21,  1863. 
My  Dear  Sir  :  I  am  in  receipt  of  your  favor  of  yesterday.    I  did  not  consider  it 
necessary  to  communicate  further  with  the  parties  interested,  because  their  decision, 
had  been  given  me  as  an  ultimatum. 

I  now  address  you  to  say  that,  in  accordance  with  your  wish,  the  contract  between 
us  for  the  steamer  is  now  canceled,  in  terms  of  my  letter  of  29th  ultimo. 

I  will  be  prepared  to  give  you  a  more  formal  document  in  respect  to  said  cancelment 
if  you  should  consider  such  necessary. 

(Signed)  EDWARD  PEMBROKE. 


f514]  *[Inclosure  12  in  No.  52. | 

Memorandum  of  agreement  between  Edward  Pembroke,  esq.,  of  8   Austin  Friars,  London, 
and  G.  t.  Sinclair,  esq., presently  residing  in  London,  Octobei'  17,  1862. 

1st.  The  said  EdVard  Pembroke  agrees  to  sell,  and  the  said  G.  T.  Sinclair  agrees  to 
buy,  a  screw-steamer,  conform  to  specification  docquetted  herewith,  to  be  constructed 
for  the  said  Edward  Pembroke  by  Messrs.  James  and  George  Thomson,  at  Glasgow, 
engineers  and  ship-builders,  which  steamer  the  builders  undertake  to  have  completed 
within  eight  and  one-half  months  from  date  of  contract. 

2ndly.  The  purchase-price  of  said  steamer  shall  be  £51,250,  (say  fifty-one  thousand 
two  hundred  and  fifty  pounds  sterling,)  and  the  said  Edward  Pembroke  agroes  to  re- 
ceive in  payment  of  said  amount  246  (say  two  hundred  and  forty-six)  cotton  certifi- 
cates, each  of  which  shall  be  held  as  of  the  value  of  £208  6s.  8d.,  (say  two  hundred  and 
eight  pounds,  six  shillings,  and  eight  pence  sterling.) 

3dly.  That  the  said  cotton  certificates  shall  be  delivered  to  the  said  Edward  Pem- 
broke by  the  said  G.  T.  Sinclair,  in  the  five  following  installments  during  progress  of 
construction  of  said  steamer,  viz : 

£.        s.  d. 

50  certificates 10,  416  13  4  when  the  agreement  is  signed.  % 

49  certificates 10, 208    6  8  when  vessel  is  half  in  frame,  remainder  of  frames 

turned,  and  cylinders  cast. 

49  certificates 10, 208  6  8  when  fully  framed,  planking  half  on,  and  cylin- 
der loosed. 

49  certificates 10,208    6  8  when  launched,  and  machinery  ready  to  go  on 

board. 

49  certificates 10, 208    6  8  when  delivered  after  trial-trip. 

246  certificates £  51 ,  250    0  0 


4thly.  The  said  Edward  Pembroke  agrees  to  take  from  the  said  G.  T.  Sinclair,  within 
ten  days  from  this  day,  the  additional  number  of  eighteen  cotton  certificates,  and  to 
pay  him  for  the  same  at  the  rate  of  £208  6s.  8d.,  (say  two  hundred  and  eight  pounds, 
six  shillings,  and  eight  pence  sterling,)  say  £3,750  in  all. 

5thly.  That  at  any  time  during  the  construction  of  said  steamer,  the  said  Edward 
Pembroke  may  require  from  the  said  G.  T.  Sinclair,  and  who  shall,  if  so  required,  deliver 
any  number  or  the  whole  remaining  portion  of  unissued  cotton  certificates,'  in  anticipa- 
tion of  the  installments  provided  for,  in  which  case  the  said  Edward  Pembroke  shall 
allow  the  said  G.  T.  Sinclair  interest  at  the  rate  of  5  per  cent,  per  annum  on  said  issue 
in  anticipation,  calculating  said  interest  from  the  date  of  issue,  until  dates  of  install- 
ments being  due. 

6thly.  That  on  due  performance  of  this  agreement,  and'  completion  of  the  steamer 
as  per  specification,  said  steamer  shall  be  delivered  to  the  said  G.  T.  Sinclair,  or  his 
representatives  at  the  port  of  Glasgow. 

(Signed)  EDW.  PEMBROKE. 

GEO.  T.  SINCLAIR. 
Witnesses  : 

(Signed) 
George  Gladstone. 
O.  Molier. 


588  TREATY    OF   WASHINGTON. 

flnclosnre  13  in  No.  52.1 
Messrs.  J.  and  C.  Thomson  to  Mr.  Pembroke. 

Clyde  Bank  Foundery,  Glasgow, 

October  10,  1862. 
Dear  Sir  :  We  offer  to  construct  for  you  a  first-class  screw-steamer,  in  accordance 
-with  accompanying  specifications,  also  with  model  prepared  by  us,  for  the  sum  of 
£46,600,  payable  in  five  equal  installments,  viz :  First,  when  the  contract  is  signed. 
Secondly,  when  vessel  is  half  in  frame,  remainder  of  frames  turned,  and  cylinders  cast. 
Thirdly,  when  fully  framed,  planking  half  on,  and  cylinders  bored.  Fourthly,  when 
launched  and  machinery  ready  to  be  put  on  board.  And,  fifthly,  when  delivered  after 
trial-trip.    This  offer  open  for  your  acceptance  till  20th  instant. 

(Signed)  JAMES  AND  GEORGE  THOMSON. 


[515]  *[Inclosure  14  in  No.  52.] 

Mr.  Pembroke  to  Messrs.  J.  and  G.  Thomson. 

London,  Ociober  17,  1862. 
Gentlemen  :  I  accept  your  offer  dated  the  10th  instant,  for  the  construction  of  a 
screw-steamer  in  accordance  with  specification  accompanying  said  offer. 
I  am,  &c, 
(Signed)  EDW.  PEMBROKE. 


[Inclosure  15  in  No.  52.  J 
Memorandum  of  transfer. 

London,  October  17,  1862. 

I  hereby  transfer  to  Messrs.  Finlay,  Campbell  &  Co.1  of  London  ;  Smith,  Fleming  & 
Co.,  London ;  Robert  Simpson,  London ;  Edgar  P.  Stringer,  London ;  Alexander  Collie, 
of  Manchester,  for  self  and  friends ;  F.  D.  Finlay,  of  Glasgow ;  James  Galbraith,  for  self 
and  friends ;  Peter  Denny,  of  Dumbarton,  jointly  associated,  all  my  interest  in  a  con- 
tract between  me  and  Messrs.  James  &  George  Thomson,  of  Glasgow,  for  the  construc- 
tion of  a  screw-steamer,  and  all  my  interest  in  an  agreement  between  me  and  G.  T. 
Sinclair,  esq.,  for  the- purchase  of  said  steamer  from  me,  and  the  purchase  by  me  from 
said  G.  T.  Sinclair  of  eighteen  cotton  certificates,  all  as  described  in  said  agreement. 
The  above-named  Finlay,  Campbell  &  Co. ;  Smith,  Fleming  &  Co  ;  Robert  Simpson  ; 
Edgar  P.  Stringer;  Alexander  Collie;  F.  D.  Finlay;  James  Galbraith:  and  Peter 
Denny,  to  receive  all  the  benefits  and  to  reassumo  all  the  responsibilities  which  may 
arise  from  said  contract  and  agreement. 

(Signed)  EDW.  PEMBROKE. 

Witness : 

(Signed)    George  Elaster. 


No.  53. 

Mr,  Hammond  to  Mr.  Waddington. 

Foreign  Office,  December  4, 1863. 
Sir  :  I  have  laid  before  Lord  Kussell  your  letter  of  the  3d  instant,  in- 
closing copies  of  letters  from  the  lord  advocate  of  Scotland,  respecting  the 
case  of  the  Pampero,  and  stating  that  Sir  George  Grey  has  informed  the 
lord  advocate  that  he  approves  of  his  having  resolved  to  delay  the  seiz- 
ure of  the  Pampero  until  a  decision  has  been  given  in  the  case  of  the 
Alexandra ;  and  I  am  directed  by  his  lordship  to  request  that  you  will 


Messrs.  Findlay  &  Co.  recently  transferred  their  interest  to  Mr.  Stringer. 


BRITISH    CASE    AND     PAPERS.  589 

state  to  Secretary  Sir  George  Grey  that  Lord  Kussell  hopes  that  the 
board  of  admiralty  will  be  pressed  by  the  home  department  not  to  omit 
any  precaution  to  prevent  the  Pampero  escaping  from  the  Clyde,  while 
the  court  of  exchequer  is  deliberating  upon  the  judgment  which  it  may 
pronounce  in  the  case  of  the  Alexandra. 

The  proof  which  has  been  afforded  in  the  case  of  the  Victor,  at  Sheer- 
ness,  that  the  confederate  agents  will  not  hesitate,  if  they  have  reason 
to  apprehend  that  the  attention  of  the  government  is  directed  to  their 
proceedings,  to  carry  off  a  vessel  in  an  unfinished  state,  renders  it,  in 
Lord  EusselPs  opinion,  indispensable  that  the  utmost  vigilance  should 
be  employed  in  the  case  of  the  Pampero. 

The  lord  advocate  appears  to  have  been  at  one  time  of  opinion  that 
the  Pampero  ought  to  have  been  seized  without  waiting  for  the  decision 
in  the  case  of  the  Alexandra. 
I  am,  &c, 
(Signed)        ■  E.  HAMMOND. 


[516]  *No.  54. 

Mr.  Adams  to  JEarJ  Eussell. 

» 

Legation  of  the  United  States, 
London,  December  5, 1863.     (Received  December  5 — 3  p.  m.) 
My  Lord  :  I  have  the  honor  to  transmit  copies  of  several  depositions 
furnished  to  me  by  Mr.  Underwood,  the  consul  of  the  United  States  at 
Glasgow,  all  relating  to  the  outfit  of  the  vessel  called  the  Canton,  or  the 
Pampero,  at  that  port. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  1  in  'No.  54.] 
Deposition  of  John  HcGibbon. 

I,  John  McGibbon,  a  riveter,  residing  at  63  King's  street,  Tradeston,  Glasgow,  in  the 
county  of  Lanark,  make  oath  and  say:  I  have  been  eight  months  in  the  employment 
Messrs.  James  &  George  Thomson,  but  was  not  all  that  time  employed  on  the  Pampero. 
I  left  the  employment  three  days  before  she  was  launched.  She  was  named  the  Canton, 
which  name  was  in  gilt  letters  on  each  side  of  her  how.  It  was  the  general  opinion 
that  name  would  he  changed,  and  that  chiefly  for  the  reason  that  a  ship's  name  is 
almost  always  carved  or  cut  in,  while  the  name  Canton  was  only  put  on  by  temporary 
gilt  letters.  I  saw  that  there  were  eight  port-holes  in  the  ship,  besides  two  larger  ones 
(one  on  each  side,)  both  when  they  were  open  and  when  they  were  closed.  I  also  saw 
that  ring-bolts  or  gun-fasts  were  put  on,  (similar  to  those  of  the  Black  Prince,  on  which 
I  wrought  when  she  was  being  constructed,)  and  I  knew  that  they  were  afterward  re- 
moved. Nothing  is  now  visible  of  the  port-holes  except  the  hinges  of  the  shutters,  which 
have  been  put  on.  The  use  of  the  eye-bolts  or  gun-fasts  is  to  fasten  guns  and  move  them 
backward  and  forward.  The  height  of  the  ship's  bulwarks  was  about  seven  feet.  The 
number  of  stop-cocks  and  valves  (there  were  six  or  seven  on  each  side,  with  grating 
on  the  outside)  is  greater  than  is  usually  the  case  in  other  vessels.  Some  of  these 
amidships  are  close  to  one  another.  I  cannot  say  for  what  purpose  there  are  so  many, 
but  there  are  more  than  would  be  necessary  for  engine  and  other  purposes.  They  could 
be  made  useful  in  drowning  the  magazine  if  that  were  wished.  Underneath  the* boiler- 
seat  and  engine-set  the  vessel  is  plated,  and  there  is  a  tier  of  plating  above  the  engine, 
making  her  much  stronger  than  any  other  vessel  having  a  wooden  bottom.  I  know  of 
a  magazine  having  been  fitted  in  the  after-part  of  the  ship  with  a  hatch-hole  capable 
of  admitting  a  man.  I  observed  there  were  at  least  150  lockers  fitted  up  in  said  ship 
along  the  side,  in  the  forecastle,  between  decks.     There  are  four  or  live  water-tanks 


590 


TREATY    OF    WASHINGTON, 


"between  decks,  between  where  the  bunkers  should  be  placed.  I  was  not  employed" 
working  on  board  the  ship  for  some  time  before  I  left,  but  I  was  on  board  every  day,  at 
the  meal-hours,  seeing  what  was  doing.  It  was  believed  by  myself  and  by  all  my 
fellow-workmen  that  the  ship  was  fitted  up  as  a  vessel  of  war,  intended  for  the  govern- 
ment of  the  Confederate  States  of  America;  at  least,  it  was  so  reported.  The 
ship  has  no  accommodation  for  such  stowage  as  would  be  required  by  a  vessel  in  the 
merchant  service.  The  hatches  were  similarly  constructed  to  those  of  other  vessels, 
but  smaller,  and  with  regard  to  her  rudder  it  was  composed  of  brass  plates  and 
brass  rivets,  which  is  seldom  the  case  with  an  ordinary  vessel ;  and  the  propeller  is  of 
solid  brass,  which  is  also  very  unusual.    These  are  generally  made  of  cast-iron.    All 


this  is  truth,  as  I  shall  answer  to  God. 


Sworn  before  the  collector  at  Glasgow,  December  21,  1863. 


J.  McGIBBON. 


[Inclosure  2  in  No.  54.] 

Deposition  of  James  Ross. 

I,  James  Ross,  clerk  to  Mr.  Henry  Miller,  13  Virginia  street,  Glasgow,  and  residing 
at  136  West  Graham  street,  Glasgow,  in  the  county  of  Lanark,  make  oath  and  say : 
That  on  this  23d  day  of  November,  1863,  I  visited  the  yard  of  Danach  &  Espie,  boat- 
builders  and  carpenters,  Ardgowor  street,  Glasgow,  and  there  saw  two  new  life- 
[517]  boats,  *and  two  new  long  or  jolly-boats,  which  are  just  completed;  that  these 
boats  are  presently  being  painted,  which,  is  the  last  thing  to  be  done  to  them  ; 
that  I  was  informed  by  James  Urquehart,  the  foreman  boat-builder,  and  also  by  Dun- 
can McDiarmid,  a  wright  who  was  employed  on  them,  that  they  were  ordered  by  Messrs. 
James  &  George  Thomson,  and  are  intended  for  the  ship  Pampero,  recently  built  by 
them  ;  that  each  of  said  boats  has  six  cross-beams,  and  provision  is  made  for  eight  oars ; 
that  they  are  about  20  feet  in  length,  and  about  eight  feet  in  breadth  of  beam ;  that 
the  said  Duncan  McDiarmid  informed  me  that  said  boats  are  very  strongly  constructed, 
and  that  there  is  extra  work  at  the  stern  of  each  of  them,  which  is  unusual  in  other 
long  or  jolly-boats ;  that  between  the  stern  itself  and  the  aft  cross-beams  there  is  a 
transverse  piece  of  wood  (black  birch)  11  inches  deep  and  \\  inches  thick,  and  there  are 
besides  four  diagonal  pieces  to  strengthen  the  former  and  keep  it  in  its  place,  thus: 


The  said  transverse  beam  and  diagonals  are  made  movable  so  they  can  be  taken  out 
and  replaced  at  leisure.  That  in  the  center  of  said  beam  is  a  hole  which  he  stated  was 
for  a  swivel,  for  the  purpose  of  a  gun  being  there  placed  and  wrought.  That  McDiar- 
mid stated  that  lately  they  were  hurried  to  get  said  boats  in  readiness,  but  that  now 
they  were  not  so  pushed  for  them.     All  which  is  truth,  as  I  shall  answer  to  God. 

(Signed)  JAMES  ROSS. 

£worn  before  the  collector  of  customs,  Glasgow,  November  23, 1863. 


[Inclosure  3  in  No.  54.] 

Deposition  of  John  McQueen  Barr. 

I,  John  McQueen  Barr,  clerk  to  Henry  Miller,  of  No.  13  Virginia  street,  Glasgow, 
and  residing  at  No.  80  New  City  Road  there,  make  oath  and  say  :  That  I  know  by  sight 
a  person  calling  himself  Captain  Sinclair,  and  another  called  Captain  Tennant,  and 
have  been  informed  that  both  are  from  the  Confederate  States  of  America  and  con- 
nected with  the  government  of  those  States  ;  that  I  am  aware  that  both,  as  well  as  a 
Captain  North,  resided  for  some  time  at  the  Bridge  of  Allan  and  also  in  Glasgow ;  that 


BRITISH    CASE    AND     PAPERS.  591 

I  know  their  lodgings  in  Glasgow  to  be  in  India  street ;  that  on  the  second  day  of  this 
present  month  of  November  I  saw  Tennant  and  Sinclair  in  company  together  at  the 
Bridge  of  Allan  ;  that  I  have  been  shown  a  photograph  containing  a  group  of  four 
males  and  three  females ;  that  one  of  the  four  represents  Sinclair,  and  another  is  Ten- 
nant. It  was  from  this  that  I  first  identified  Sinclair  in  person,  and  he  was  afterward 
pointed  out  to  me  as  one  of  a  number  of  American  strangers  who  had  been  located 
there  during  the  autumn  months,  and  I  was  then  informed  he  was  named  Sinclair.  I 
had  seen  him  at  Bridge  of  Allan  previously,  though  I  did  not  know  anything  of  him 
then ;  that  on  the  31st  day  of  October  last  I  examined,  in  Sterling,  the  file  of  the 
Bridge  of  Allan  Reporter,  and  selected  the  following  from  the  list  of  visitors  : 

April  5, 1863. — Captain  and  Mrs.  North,  Miss  North,  Captain  Sinclair,  Confederate 
States  of  America,  at  Mrs.  Lanark's,  Belmair  House. 

May  8,  1863. — Captain,  Mrs.,  and  Miss  North,  Charleston,  Virginia  ;  Captain  Sinclair, 
at  Belmair  House. 

July  5,  1863. — Captain,  Mrs.,  and  Miss  North,  Confederate  States,  at  Belmair 
House. 

March  29,  1863. — Mr.  and  Messrs.  Tennant,  at  J.  Miller's  Weelwood  House.  And  I 
obtained  the  following  information  as  to  the  several  lodgings  they  had  occupied  :  1st, 
Mrs.  Pattison's,  Fountain  Road  ;  2d,  Mrs.  Smart's,  Belmair  House;  3d,  Miss  McDonald's, 
Prospect  Villa ;  4th,  Mrs.  Smart's  again;  5th,  J.  Miller's,  Well  wood  House;  6th,  Mrs. 

Young's,  Anpeld  Road — all  Bridge  of  Allan. 
[518]     *That  since  the  9th  day  of  the  present  month  I  have  seen  Sinclair  several  times 
in  Glasgow. 

All  of  which  is  truth,  as  I  shall  answer  to  God. 

(Signed)  JOHN  M.  BARR. 

Sworn  before  the  collector  of  customs,  Glasgow,  November  23,  1863. 


[Inclosure  4  in  No.  54. J 
Depositions  of  William  McCambridge  and  William  Carrick. 

I,  William  McCambridge,  shipwright,  of  the  town  of  Govan  and  county  of  Lanark, 
make  oath  and  say  :  That  on  the  day  the  vessel  called  and  known  as  the  Pampero  ar- 
rived at  the  public  crane  on  the  Broomielaw,  in  Glasgow,  about  four  weeks  ago,  for 
the  purpose  of  receiving  her  machinery,  having  some  curiosity  to  see  her  fittings,  &c, 
from  the  reports  I  had  heard  concerning  her,  I  went  on  board  of  her,  and  went  over 
nearly  the  whole  of  her,  making  such  examination  of  her  as  I  was  able.  From  this  exam- 
ination, and  from  my  experience  as  a  shipwright,!  state  that  many  of  her  fittings  were 
and  are  quite  different  from  and  unlike  what  are  usual  and  customary  on  merchant- 
vessels,  whether  screw  or  paddle- wheeled.  The  vessel  Pampero  is  a  screw-steamer, 
having  been  built  in  the  ship-yard  of  J.  &  G.  Thomson,  near  Glascow ;  but  having 
been  employed  for  two  years  as  a  shipwright  in  vessels  of  war  of  Her  Majesty's  dock- 
yard at  Portmouth,  I  saw  at  on  c»  that  many  of  her  fittings  were  evidently  those  of  a 
vessel  of  war.  The  engines  and.  boilers  of  the  Pampero,  8  feet  3  inches  in  height,  have 
been  placed  and  are  under  the  water  line,  as  is  usual,  for  obvious  reasons,  in  vessels  of 
war,  but  very  unusual  in  merchant-vessels.  At  each  end  of  the  engine-room  there  is, 
on  the  Pampero,  a  donkey-engine  fitted  that  I  have  never  observed  on  merchant-ves- 
sels but  common  on  vessels  of  war.  The  deck-beams  of  the  Pampero  are  placed  much 
closer  together  than  on  any  merchant-steamer  I  have  ever  seen,  there  being  one  rivited 
to  every  frame,  and  only  18  inches  from  center  to  center.  The  decks,  of  red  pine,  are 
also  unusually  thick,  being  4-J  inches,  and  evidently  calculated  and  intended  to  carry 
a  heavy  weight  on  deck.  The  Pampero  is  provided  with  a  double  steering-wheel, 
placed  about  six  or  eight  feet  under  the  upper  deck,  and  on  the  upper-deck  there  is 
another  similar  steering-wheel.  There  were  two  yokes  or  tillers  connected  with  these 
wheels  under  deck,  with  the  necessary  blocks  and  leads  for  tiller-ropes,  as  in  war  ves- 
sels. At  the  interval  of  about  four  days  after  this  first  examination,  I  again  went  on 
board  the  Pampero,  and  found  that  the  lower  steering-wheel  had  been  removed,  but 
that  the  tiles  and  fittings  remained.  The  cabins  on  the  upper  or  gun-deck  of  the 
Pampero  are  all  hinged  for  removal  as  a  vessel  of  war,  to  enable  the  deck  to  be  cleared 
for  action  fore  and  aft.  Her  deck-ports,  or  port-holes,  of  which  there  are  eight  on  a 
side,  are  raised  16  or  18  inches  above  the  main-deck,  snowing  they  are  not  intended  to 
carry  off  water  or  the  sweepings  of  the  ship.  The  hinges  of  the  cabins  and  the  raised 
positions  of  the  ports  are  appropriate  to  war-vessels,  but  unusual  and  inappropriate  to 
merchant-vessels  ;  and  I  give  it  as  my  opinion,  judgment,  and  belief,  as  a  shipwright, 
having  worked  at  the  trade  for  thirteen  years,  in  merchant  and  war  vessels,  that  the 
Pampero  is  built  and  intended  as  a  vessel  of  war,  and  to  be  used  for  war  purposes,  and 


592  TREATY    OF    WASHINGTON. 

not  as  a  merchant-vessel.  She  has  been  so  held  and  reputed  to  be  in  the  yard  of 
Messrs.  Thomson,  where  she  was  built,  and  where  I  worked  on  her  previous  to  the  15th 
of  February  last,  by  all  hands,  and  to  be  intended  for  the  Confederate  States  of  Amer- 
ica, being  called  and  known  in  the  yard  as  the  Second  Alabama,  Second  290,  and  such 
like  names  ;  and  I  have  frequently  seen  two  persons  pointed  out  to  me  as  Captains 
North  and  Sinclair,  giving  directions  and  apparently  superintending  the  work  and  op- 
erations in  the  Pampero  as  though  they  were  interested  therein  ;  and  I  recognize  and 
identify  the  two  persons  in  the  photograph  shown  to  me  of  a  family  group,  under 
which  is  written  the  names  of  North,  Sinclair,  and  others,  here  referred  to.  I  further 
state  that  the  Pampero  has  telescope  funnels,  which  is  very  unusual  in  merchant-ves- 
sels, but  very  common  in  vessels  of  war.  I  have  worked  in  J.  &  G.  Thomson's  yard 
about  five  years  previous  to  about  the  15th  of  February  last ;  since  then  in  A.  &  J. 
Angle's,  and  have  been  intimate  with  Thomson's  yard  and  hands  up  to  this  time. 

(Signed)  WILLIAM  McCAMBRIDGE. 

Sworn  before  the  collector  at  Glasgow,  November  28,  1863. 


[519]  *I,  William  Carrick,  shipwright,  residing  at  No.  4  Ferrol  street,  Relimbaugh,  near 
Glasgow,  and  county  of  Lanark,  make  oath  and  say :  That  I  have  heard  the  state- 
ment and  affidavit  of  William  McCambridge  fully  and  distinctly  read  ;  and  I  was  pre- 
sent with  and  accompanied  the  said  William  McCambridge  on  both  occasions  and 
visits  to  the  Pampero,  which  he  in  his  said  affidavit  and  statement  refers  to  and  de- 
scribes ;  and  I  fully  and  understanding^  concur  and  agree  with  each  and  all  of  the 
said  descriptions  and  specifications  of  and  concerning  the  vessel  Pampero,  and  that  the 
said  Pampero  is  different  from  a  merchant-vessel,  and  like  to  a  war- vessel  in  the  parts 
and  points  he  has  designated  and  specified.  I  also  unite  and  concur  with  him  in  the 
opinion  that  the  said  vessel  Pampero  was  and  is  built  and  designed  for  war  purposes, 
or  a  vessel  of  war,  and  not  for  a  merchant  vessel.  I  further  state  that  I  concur  with 
him  as  to  the  general  reputation  of  the  Pampero  as  a  war-vessel,  intended  and  built 
for  the  Confederate  States  of  America,  as  also  in  regard  to  Captains  North  and  Sinclair, 
the  confederate  agents,  superintending  the  building  of  said  vessel.  I  therefore  adopt 
said  affidavit  as  my  own,  for  the  purpose  of  avoiding  repetition,  except  so  far  as  it  re- 
lates to  himself  as  a  shipwright.  I  have  never  worked  in  any  of  Her  Majesty's  ship- 
yards, but  have  worked  at  the  trade  of  shipwright  for  fifteen  years  last  past.  I  worked 
in  Thomson's  yard  three  years,  and  am  well  aequanted  with  his  hands. 

(Signed)  WILLIAM  CARRICK. 

Sworn  before  the  collector  of  Glasgow,  November  28,  1863. 


-    No.  55. 

Earl  Russell  to  Mr.  Adams. 

Foreign  ♦Office,  December  5, 1863. 
Sir  :  I  liave  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
this  day's  date,  inclosing  copies  of  several  depositions  furnished  to  you 
by  Mr.  Underwood,  the  consul  of  the  United  States  at  Glasgow,  relative 
to  the  outfit  of  the  vessel  called  the  Canton,  or  the  Pampero,  at  thai  port; 
and  I  have  the  honor  to  state  to  you  that  these  papers  shall  be  consid- 
ered by  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  KUSSELL. 


]STo.  50. 
Mr.  Hammond  to  Mr.  Waddington. 

[Immediate.] 

^  Foreign  Office,  December  5,  18G3. 
Sir  :  With  reference  to  my  letter  of  yesterday's  date,  I  am  directed 
by  Earl  Russell  to  transmit  to  you,  to  be  laid  before  Sir  G.  Grey,  with 


BRITISH    CASE    AND     PAPERS.  593 

a  view  to  their  being  at  once  communicated  to  the  lord  advocate,  the 
accompanying  copies,  received  from  Mr.  Adams,  of  depositions  furnished 
to  him  by  the  United  States  consul  at  Glasgow.,  relating  to  the  outfit  of 
the  screw- steamer  Pampero. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  57. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  December  5, 1863.  (Eeceived  December  5.) 
Sir  :  I  have  laid  before  Secretary  Sir  George  Grey  your  letter  of  the 
4th  instant,  respecting  the  Pampero ;  and  I  am  to  acquaint  you  for  the 
information  of  Earl  Eussell,  that  Sir  George  Grey  has  this  day  addressed 
a  letter  to  the  lord  advocate,  stating  that  it  is  now  ascertained  that  the 
judgment  in  the  Alexandra  case,  instead  of  being  given  on  Monday  as 
was  expected,  will  not  be  given  till  next  term,  which  has  a  material 
bearing  on  the  course  to  be  taken  with  regard  to  the  Pampero,  as  it 
would  be  inexpedient  to  incur  the  long  delay  of  waiting  for  that  judg- 
ment, if  there  are,  in  his  lordship's  opinion,  sufficient  grounds  for  pro- 
ceeding at  once  to  the  seizure  of  the  vessel. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[520]  *No.  58. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  December  10, 1863.  (Eeceived  December  10.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  acquaint  you, 
for  the  information  of  Earl  Eussell,  that  a  letter  has  been  received  from 
the  lord  advocate,  stating  that  he  yesterday  transmitted  instructions  to 
Mr.  Trevor,  the  collector  of  customs  at  Greenock,  to  seize  the  vessel 
Pampero,  under  the  foreign-enlistment  act.  * 

I  am,  &c, 
(Signed)  .  H.  WA.DDINGTON* 


No.  59. 

Mr.  Hamilton  to  Mr.  Hammond. 
i 

Treasury  Chambers, 
December  11,  1863.     (Eeceived  December  11.) 
Sir:  With  reference  to  previous  correspondence  in  regard  to  the 
Canton,  or  Pampero,  steam-vessel,  fitting  in  the  Clyde,  and  supposed  to 
be  intended  for  the  warlike  service  of  the  Confederate  States  of  America, 
H.  Ex.  282,  vol.  ii 38 


594  TREATY    OF   WASHINGTON. 

I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's  treasury 
to  transmit  to  you  the  inclosed  copies  of  a  letter  from  the  commissioners 
of  customs,  and  of  the  accompanying  report  of  the  collector  of  customs 
at  Glasgow,  stating  that,  in  pursuance  of  instructions  from  the  lord 
advocate,  he  had  seized  this  vessel ;  and  I  am  to  request  that  you  will 
move  Earl  Eussell  to  inform  my  lords  what  further  instructions  should 
be  given  to  the  board  of  customs  in  this  matter. 
.     I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  ]So.  59.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  December  11,  1863. 
Sir  :  With  reference  to  my  letter  of  the  21st  ultimo,  and  previous  correspondence,  I 
am  now  desired  by  the  board  to  transmit  to  you,  for  the  information  and  directions  of 
the  lords  commissioners  of  Her  Majesty's  treasury,  copy  of  a  letter  from  the  collector 
of  this  revenue  at  Glasgow,  dated  the  10th  instant,  reporting  the  seizure  by  him,  in 
pursuance  of  instructions  from  the  lord  advocate,  of  the  steamer  Pampero,  and  request- 
ing further  instructions  for  his  guidance. 
1  am,  &c, 
(Signed)  a  F.  G.  GARDNER. 


[Inclosure  2  in  No.  59.J 
Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  December  10,  1863. 

Honorable  Sirs  :  I  respectfully  report  that,  in  pursuance  of  instructions  from  the 
lord  advocate  of  Scotland,  I  have  this  day  seized  the  steamer  Pampero,  for  the  use  of 
Her  Majesty,  under  the  provisions  of  the  foreign-enlistment  act :  and  I  have  notified 
such  seizure,  to  Messrs.  Patrick  Henderson  &  Co.,  as  agents  for  the  owners. 

I  have  placed  two  officers  in  charge  of  this  vessel,  and  shall  proceed  with  all  dispatch 
to  take  an  inventory  of  her  furniture  and  tackle. 

At  present  she  is  lying  at  the  quay,  with  Her  Majesty's  gun-boat  moored  near  her; 
but  the  harbor-master  informs  me  he  cannot  provide  a  place  for  her  to  lie  in  this  har- 
bor, and  that  she  must  be  taken  to  the  basin  at  Bowling. 

The  vessel  can  be  more  safely  placed  in  this  basin  than  in  this  harbor ;  but  it  will 
be  necessary,  to  remove  her  there,  to  employ  a  steam-tug  and  a  pilot,  with  proper 
assistance  to  again  moor  her  in  the  basin  at  Bowling ;  the  latter  can  be  obtained  from 
the  gun-boat,  and  when  the  vessel  is  duly  secured  no  further  aid  will  be  required  from 

the  gun-boat. 
[521]      *  I  respectfully  request  your  honor's  directions  hereon. 

\  have  reported  my  proceeding  to  the  Crown-agent  for  the  information  of  the 

1  ottI  nn  vopntp 

,        (Signed)  FRED.  W.  TREVOR,  Collector. 

P.  S. — The  engines  beiug  on  board  and  in  good  condition,  it  would  be  proper  to 
employ  an  engineer  to  keep  them  in  order. 

F.  W.  T. 


No.  60. 


Mr.  Hammond  to  the  secretary  to  the  treasury. 

Foreign  Office,  December  11,  1863. 
Sir  :  I  have  laid  before  Earl  Russell  your  letter  of  this  date,  inclosing 
copies  of  papers  relative  to  the  seizure  of  the  Canton,  or  Pampero, 


BRITISH    CASE    AND    PAPERS.  595 

steamer,  and  requesting  to  be  informed  what  further  instructions  should 
be  given  to  the  board  of  customs  in  the  matter. 

I  am,  in  reply,  to  request  that  you  will  state  to  the  lords  commission- 
ers of  Her  Majesty's  treasury  that  the  only  recommendation  that  Lord 
Eussell  c$n  give  is,  that  the  customs  should  be  guided  by  the  opinion 
of  the  lord  advocate  of  Scotland  5  but  as  that  officer  is  acting  in  this 
matter  under  the  authority  of  the  home  office,  the  treasury  had  better 
communicate  with  that  department  with  regard  to  any  further  steps. 

Lord  Eussell  would  further  observe  that,  under  existing  circum- 
stances, the  seizure  should  be  maintained  until  the  questions  bearing  on 
it  are  settled  in  due  course  of  law,  and  that  no  overture  for  the  purchase 
of  the  vessel  should  be  entertained. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  61. 

The  secretary  to  tlie  admiralty  to  Mr.  Hammond. 

Admiralty,  December  12,  1803.     (Eeceived  December  12.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
send  you  herewith,  for  the  information  of  Earl  Eussell,  a  copy  of  a  letter 
from  Captain  Farquhar,  of  the  Hogue,  reporting  the  seizure  of  the 
Pampero ;  and  I  am  to  acquaint  you  that  Captain  Farquhar  has  been 
directed  to  carry  into  effect  any  measures  he  may  be  requested,  by  the 
proper  authorities,  to  take  for  the  security  of  the  Pampero. 
I  am,  &c, 
(Signed)  C.  PAGET. 


[Inclosure  in  No.  61.] 

Captain  Farquhar  to  the  secretary  to  the  admiralty. 

Hogue,  Greenock,  December  11,  1863. 
Sir  :  Referring  to  your  confidential  letter,  I  beg  to  inform  you  that  I  yesterday  re- 
ceived intimation  from  the  collector  of  customs  at  Glasgow  that  he  had  seized  the 
screw-steamer  Pampero,  formerly  Canton,  in  compliance  with  directions  from  the  lord 
advocate,  and  to  this  effect  I  telegraphed  to  you  in  cipher  last  evening. 

The  custom-house  officers  are  at  present  in  charge  of  the  Pampero  ;  but  it  is  probable 
that,  on  her  removal  to  Bowling  Harbor,  where  it  is  intended  to  place  her,  I  may  be 
asked  to  send  a  guard  of  marines  on  board. 
I  have,  &c, 
(Signed)  A.  FARQUHAR. 


.[522]  *  No.  62. 

Mr.  Bruce  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  December  17,  1863.     (Received  December  17.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you, 
for  the  information  of  Earl  Russell,  with  reference  to  Mr.  Waddington's 
letter  of  the  10th  instant,  copies  of  a  letter  from  the  Crown-agent  for 


596  TREATY    OF   WASHINGTON. 

Scotland,  and  of  its  inclosures,  relative  to  the  recent  seizure  of  the 
steamer  Pampero  in  the  Clyde. 

I  am,  &c, 

(Signed)  H.  A.  BRUCE. 


[Inclosure  1  in  No.  62.] 

Mr.  Murray  to  Mr.  Waddington. 

Crown  Office,  Edinburgh,  December  16, 1863. 
Sir  :  I  am  directed  by  the  lord  advocate  to  transmit  to  you,  for  the  information"  of 
Secretary  Sir  George  Grey,  copy  of  a  letter  dated  14th  current,  addressed  by  Mr.  Pat- 
rick Henderson  &  Co.,  of  Glasgow,  to  the  collector  of  customs  at  Glasgow,  in  regard  to 
the  recent  seizure  of  the  steamer  Pampero,  presently  lying  in  the  Clyde.  A  copy  of 
the  letter  from  the  collector  of  customs  to  Messrs.  Patrick  Henderson  &  Co.  is  also 
inclosed. 

I  have,  &c, 

(Signed)  AND.  MURRAY,  Crown-Agent. 


[Inclosure  2  in  No.  62.  J 

Mr.  Trevor  to  Messrs.  Henderson  &r  Co. 

Custom-House,  Glasgow,  December  10,  1863. 
Gentlemen  :  I  hereby  notify  to  you,  as  agents  for  the  steamer  Pampero,  and  for  the 
information  of  the  parties  claiming  to  be  owners,  that,  in  pursuance  of  directions  of  the 
lord  advocate  of  Scotland,  I  have  to-day  seized  that  vessel  for  the  use  of  Her  Majesty, 
under  the  provisions  of  the  foreign-enlistment  act,  59  Geo.  Ill,  cap.  69,  sec.  7,  &c. 
I  am,  &c, 
(Signed)  FRED.  W.  TREVOR,  Collector. 


[Inclosure  3  in  No.  62.] 

Messrs.  Henderson  Sr  Co.  to  Mr.  Trevor. 

Glasgow,  December  14, 1863. 
Sir  :  On  behalf  of  the  steamer  Pampero,  I  have  to  acknowledge  the  receipt  of  your 
notification,  dated  the  10th  current,  and  to  state,  in  answer,  that  your  seizure  of  that 
^vessel  is  not  authorized  by  the  statute  to  which  you  refer ;  that  the  owners  deny  the 
right  of  the  lord  advocate  to  give  you  the  directions  under  which  you  profess  to  act; 
that  they  also  deny  your  right  to  act  upon  these  instructions  ;  and  that  they  hold  his 
lordship  and  you,  and  all  concerned,  liable  in  the  heavy  damages  caused,  and  to  be 
caused,  by  your  illegal  proceedings. 

We  are,  &c, 

( Signed)  A.  HENDERSON  &  CO. 


No.  63. 
Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
December  28, 1863.     (Received  December  28.) 
Sir  :  I  am  commanded  by  tlie  lords  commissioners  of  Her  Majesty's 
treasury  to  transmit  to  you,  for  the  information  of  Earl  Kussell,  with, 
reference  to  previous  correspondence,  the  inclosed  copy  of  a  letter 
[523]    from  the  board  of  customs,  with  copy  of  a  report  from  their  *  col- 
lector at  Glasgow,  respecting  the  preservation  of  the  vessel  Pam- 


BRITISH    CASE    AND    PAPEES.  597 

pero,  under  seizure  by  Her  Majesty's  government,  together  with  copy  of 
their  lordships'  reply  thereto. 

I  am,  &c.? 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  63.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  December  22,  1863. 
Sir  :  With  reference  to  your  letter  dated  the  12th  instant,  and  to  the  previous  corre- 
spondence which  has  taken  place  on  the  subject  of  the  steamer  Pampero,  fitting  in  the 
Clyde,  as  has  been  suspected,  for  the  warlike  service  of  the  Confederate  States  of  America, 
I  am  desired  to  transmit  to  you,  for  the  information  of  the  lords  commissioners  of  Her 
Majesty's  treasury,  the  accompanying  copy  of  a  further  report  which  the  board  have 
received  from  their  collector  at  Glasgow  on  the  subject,  dated  the  19th  instant,  and  to 
signify  the  request  of  the  board  to  be  favored  with  their  lordships'  authority  for  pay- 
ment of  the  expense  incurred  for  the  preservation  of  the  vessel. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  63.] 
Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  December  19,  1863. 

Honorable  Sirs  :  With  reference  to  my  letter  of  the  10th  instant,  reporting  the 
seizure  by  me  of  the  vessel  Pampero,. and  to  your  honors'  order  of  the  12th  instant, 
directing  me  to  be  guided  in  my  proceedings  by  the  opinion  of  the  lord  advocate  of 
Scotland,  I  respectfully  report  that,  it  having  been  found  that  the  skylights  to  the 
cabin  were  not  tight,  and  admitted  rain ;  that  there  were  no  stoves  or  means  of  heat- 
ing the  cabins ;  that  the  rain  came  down  the  funnel,  and  that  the  engines  required  to 
be  constantly  kept  in  order,  I  have  ordered  the  necessary  tarpaulins  for  the  skylights 
and  funnel,  with  two  stoves  for  the  cabins,  and  that  I  have  obtained  from  Captain 
Farquhar,  of  Her  Majesty's  ship  Hogue,  the  assistance  of  the  engineer  of  the  gun-boat 
to  look  after  the  engines. 

Having  reported  my  proceedings  to  the  Crown-agent,  for  the  information  of  the 
lord  advocate,  I  am  acquainted  the  lord  advocate  approves  of  the  steps  taken  for  the 
preservation  of  the  vessel,  but  that  at  the  same  time  it  is  desirable  to  obtain  the 
board's  sanction  for  what  I  have  done,  or  propose  doing. 

I  have  further  to  report  that  I  have,  in  pursuance  of  instructions  of  the  Crown-agent, 
furnished  that  law-officer  with  an  appraisement  of  the  seizure  of  the  vessel,  under  the 
act  19  and  20  Vict.,  cap.  56,  sec.  11,  the  value  of  which  is  estimated  at  £32,000. 
Respectfully, 
(Signed)  FRED.  W.  TREVOR, 

Collector. 


[Inclosure  3  in  No.  63.] 
Mr.  Peel  to  the  commissioners  of  customs. 

Treasury  Chambers,  December  28,  1863. 
Gentlemen  :  In  reply  to  Mr.  Gardner's  letter  of  the  22d  instant,  I  am  commanded  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  acquaint  you  that  they  approve 
of  the  steps  taken  by  your  officer  at  Glasgow  for  the  preservation  from  injury  of  the 
vessel  Pampero,  under  seizure  by  Her  Majes'ty's  government ;  and  I  am  to  authorize 
you  to  defray  the  expenses  incurred  for  that  purpose. 
I  am,  &c, 
(Signed)  F.  PEEL. 


598  TREATY    OF   WASHINGTON. 

[524 1  *No.  64. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  December  28,  1863.     (Received  December  28.) 

My  Lord  :  From  such  information  as  is  believed  by  me  to  be  entitled 
to  credit,  although  it  is  not  at  present  in  my  power  to  submit  the  evidence 
directly  to  your  lordship,  I  feel  it  my  duty  to  apprise  you  of  the  fact 
that  a  number  of  persons,  not  less  than  thirty,  have  lately  arrived  from 
the  United  States,  with  the  intention  to  embark  in  the  steamer  Pampero, 
now  at  Glasgow,  on  a  hostile  expedition  against  the  United  States."  Of 
these  persons,  some  eleven  or  twelve,  including  one,  Dr.  Vallandigham, 
from  the  State  of  Delaware,  are  now  in  Liverpool,  and  the  others  are 
either  in  London  or  Glasgow.  Captain  Sinclair,  who  has  been  here 
for  more  than  a  year,  is  designated  to  take  the  command.  He  has  left 
Glasgow,  from  fear  of  inquiry,  and  is  now  living  elsewhere  under  an 
assumed  name.  A  person  by  the  name  of  Colin  McKensey,  of  Baltimore, 
but  now  residing  in  London,  furnishes  the  payments  to  the  men,  and  is 
mentioned  as  the  paymaster  for  the  vessel. 

I  am  further  informed  that  these  are  a  most  daring  and  reckless  set 
of  men,  who  at  one  moment  contemplated  the  project  of  seizing  the 
Pampero,  and  running  her  out  of  the  port  of  Glasgow,  either  by  force 
or  fraud.  This  scheme  is,  however,  for  the  present  abandoned, 
especially  as  hopes  have  been  inspired  by  Lieutenant  Maury,  who  has 
lately  visited  those  remaining  at  Liverpool,  that  the,  object  will  be  accom- 
plished in  a  similar  way. 

The  desperate  nature  of  the  class  of  persons  to  which  these  men 
belong  in  the  United  States  is  so  well  known  to  me,  that  I  shall  not  be 
surprised  to  find  them  at  any  moment  attempting  some  scheme  to  seize 
a  vessel  that  promises  success,  even  though  it  be  in  defiance  of  the  law 
as  well  as  of  the  power  of  this  kingdom.  For  these  reasons  I  have  taken 
the  liberty  to  submit  the  private  information  I  have  obtained,  even 
though  it  does  not  appear  to  me  authenticated  in  the  usual  manner. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


No.  65. 
Earl  Russell  to  Mr,  Adams. 

Foreign  Office,  December  29, 1863. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
yesterday's  date,  respecting  a  number  of  persons  said  to  be  of  desperate 
character,  who  are  reported  to  have  lately  arrived  in  this  country ;  and 
I  have  to  inform  you,  in  reply,  that  I  have  caused  the  information  con- 
tained in  your  letter  to  be  communicated  to  the  proper  departments  of 
Her  Majesty's  government,  with  a  view  to  such  measures  being  taken 
as  the  law  allows  to  defeat  any  such  attempts  as  are  therein  alluded  to. 
I  am,  &c, 
(Signed)  RUSSELL. 


BRITISH    CASE    AND    PAPERS.  599 

[No.  66. 

Mr.  Hammond  to  Mr.  Waddington.1 

Foreign  Office,  December  29, 1863. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  herewith,  to  be 
laid  before  Secretary  Sir  George  Grey,  and  with  a  view  to  such  measures 
being  taken  as  the  law  allows,  to  defeat  any  such  attempts  as  are 
alluded  to,  a  copy  of  a  letter  from  Mr.  Adams  respecting  a  number  of 
persons  said  to  be  of  desperate  character  who  are  reported  to  have  lately 
arrived  in  this  country.2 

A  copy  of  Mr.  Adams's  letter  has  been  sent  to  the  admiralty  and 
treasury. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[525]  *No.  67. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  December  31, 1863.    (Keceived  December  31.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  state,  for  the  information  of  Earl  Eussell,  that  copies  of  your  letter 
of  the  29th  instant,  and  of  its  inclosure  from  Mr.  Adams,  have  been 
sent  to  Captain  Farquhar,  of  Her  Majesty's  ship  Hogue,  at  Greenock ; 
and  that  officer  has  reported  that  he  will  take  immediate  steps  to  pre- 
vent the  possibility  of  any  successful  attempt  being  made  to  carry  the 
screw-steamer  Pampero  to  sea. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 


No.  68. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  December  31, 1863.    (Eeceived  December  31.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  acquaint  you 
that  Mr.  Adams's  letter  of  the  28th  instant,  relative  to  the  Pampero, 
which  accompanied  yours  of  the  29th,  has  been  communicated  to  the 
lord  advocate ;  and  I  am  to  transmit  to  you,  for  the  information  of  Earl 
Eussell,  the  inclosed  copy  of  a  letter  which  has  been  received  from  the 
lord  advocate  in  reply. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 

1  Similar  letters  were  addressed  to  the  admiralty  and  treasury.  2No.  64. 


600  TREATY    OF    WASHINGTON. 

[Inclosure  in  No.  68.] 

The  lord  advocate  to  Mr.  Waddington. 

Edinburgh,  December  30, 1863. 
Sir:  I  have  the  honor  to  acknowledge  your  communication  of  the  29th,, inclosing 
copy  of  a  letter  from  the  United  States  minister  relative  to  the  Pampero. 

I  shall  direct  inquiry  to  be  made  into  the  subject;  but  whatever  designs  of  the 
nature  apprehended  may  have  been  entertained  while  the  vessel  was  under  no  legal 
process  for  detention,  I  believe  her  seizure  to  have  set  them  entirely  at  rest. 
I  have,  &c., 
(Signed)  J.  MONCRIEFF. 


:nto.  69. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  January  2, 1864.    (Eeceived  January  4.) 
Sir:  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you 
herewith  a  copy  of  a  letter  from  the  lord  advocate,  with  a  copy  of  a 
letter  received  by  the  Crown-agent  from  Mr.  Galbraith,  the  managing 
owner  of  the  vessel  Pampero,  now  in  the  Clyde,  which  has  been  seized 
under  the  foreign-enlistment  act ;  and  I  am  to  request  that  you  will  lay 
the  same  before  Earl  Russell,  and  move  his  lordship  to  favor  Sir  George 
Grey  with  his  opinion  upon  the  proposal  to  have  the  vessel  sold. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 


[526  J  *  I  Inclosure  1  in  No.  69.] 

The  lord  advocate  to  Mr.  Waddington. 

Edinburgh,  Decemue)-  30, 1863. 

Sir  :  I  have  the  honor  to  transmit  to  you,  for  the  information  of  Secretary  Sir  George 
Grey,  the  inclosed  copy  of  a  letter  received  by  the  Crown-agent  from  Mr.  Galbraith, 
the  managing  owner  of  the  vessel  Pampero,  now  in  the  Clyde,  which  has  been  seized 
under  the  foreign-enlistment  act. 

In  reference  to  that  communication,  it  is  right  to  expect  that,  after  the  vessel  had 
been  seized  under  my  directions,  I  directed  the  Crown-agent  to  inquire  whether  the 
owner  had  any  proposition  to  make  in  regard  to  the  current  work  on  the  vessel,  as  the 
collector  of  customs  wished  otherwise  to  have  her  removed  to  Bowling  Bay,  further 
down  the  Clyde. 

The  inclosed  is  his  reply. 

I  have  given  no  reply  to  the  proposal  to  have  the  vessel  sold,  as  I  shall  wish  to  have 
the  views  of  Sir  George  Grey  on  the  subject  before  doing  so. 

A  sale  of  the  vessel  to  the  highest  bidder  would  simply  reproduce  the  difficulty  which 
led  to  the  seizure,  as  she  would  be  probably  purchased  by  confederate  agents: 

But  if  a  proposal  were  submitted  to  the  government  for  the  purchase  of  the  vessel 
from  a  third  party,  of  whose  good  faith  they  were  satisfied,  the  question  would  arise 
differently.  But  I  do  not  feel  warranted,  without  the  sanction  of  the  government,  to 
entertain  such  a  proposal.  If  by  such  a  transaction  the  vessel  passed  into  the  hands 
of  a  bona-fide  purchaser,  not  a  belligerent,  or  in  connection  with  a  belligerent,  the  gov- 
ernment would  have  discharged  all  the  obligation  imposed  on  them  in  respect  of  their 
position  as  a  neutral  power ;  while  in  the  event  of  the  seizure  not  being  ultimately 
sustained  by  the  courts  of  law,  the  resulting  loss  would  be  lessened. 

Everything,  of  course,  would  depend  on  the  quarter  from  which  the  proposal  to  pur- 
chase might  come ;  and  probably  the  most  prudent  course  to  adopt  will  be  to  decline 
giving  any  opinion  as  to  what  the  government  might  do  until  a  specific  proposition  is 
before  them. 

I  have,  &c, 

(Signed)  J.  MONCRIEFF. 


BRITISH    CASE    AND    PAPERS.  601 

[Inclosure  2  in  No.  69.] 

Mr.  Murray  to  Messrs.  J.  fy  G.  Thomson. 

Crown-Office,  Edinburgh,  December  15,  1863. 
Sirs  :  With  reference  to  the  recent  seizure  of  the  Pampero,  under  the  provisions  of 
the  foreign-enlistment  act,  I  am  directed  by  the  lord  advocate  to  inquire  if  you  wish 
permission  to  proceed  with  the  work  toward  her  completion,  pending  the  proceedings 
to  he  taken  with  a  view  to  her  condemnation. 
I  am,  &c, 
(Signed)  AND.  MURRAY, 

Crown-Agent 


[Inclosure  3  in  No.  69.] 

Mr.  Murray  to  Messrs.  J.  §•  G.  Thomson. 

Crown-Office,  Edinburgh,  December  19,  1863. 
Sirs  :  I  wrote  you  on  the  15th  instant  in  the  terms  annexed,  hut  have  received  no 
answer,  and  I  have  now  to  intimate  that,  unless  I  hear  from  you  by  Wednesday  next, 
expressing  a  wish  to  be  permitted  to  proceed  with  the  completion  of  the  Pampero,  the 
lord  advocate  will  give  instructions  for  her  removal  from  the  place  where  she  at  present 
lies  to  a  place  where  she  may  be  less  exposed  to  injury,  and  less  likely  to  inconvenience 
the  shipping  in  the  harbor. 
The  place  to  which  it  is  proposed  to  remove  her  is  the  basin  at  Bowling. 
I  am,  &c, 
(Signed)  AND.  MURRAY, 

Crown-Agent. 


[527]  *[Inclosure  4  in  No.  69.] 

Mr.  Galbraiih  to  Mr.  Murray. 

Glasgow,  December  24, 1863. 
Sir  :  My  absence  from  home  during  the  last  eight  days  will  explain  the  reason  why 
I  have  not  answered  your  letters  to  me  of  date  the  ,15th  and  19th  current.  After  the 
seizure  by  the  Crown  of  the  Pampero,  it  does  not  appear  to  me  that  her  owners  should 
do  anything  with  regard  to  her,  until  it  is  settled  by  the  proper  court  whether  or  not 
that  seizure  was  legal.  I  of  course  assume  that  the  Crown  will  not  unduly  delay  the 
trial  of  this  question.  If,  however,  there  is  to  be  much  delay,  it  deserves  consideration 
whether,  in  order  to  save  loss  and  damage,  the  owners  should  not  concur  with  the  Crown 
in  having  her  sold,  and  the  proceeds  consigned  in  bank  as  a  surrogation  for  the  vessel . 
If  the  advisers  of  the  Crown  approve  of  this  suggestion,  I  will  submit  it  to  the  owners. 

I  am,  &c, 

(Signed)  JAS.  GALBRAITH. 


No.  70. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
January  4,  1864.     (Received  January  4.) 
SIR  :  With  reference  to  your  letter  of  29th  ultimo,  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Russell,  the  inclosed  copy'of  a  report,  dated  2d 
instant,  from  the  commissioners  of  customs,  together  with  a  copy  of  a 
report  from  a  collector  of  customs  at  Glasgow,  respecting  the  suspicion, 
expressed  by  the  minister  of  the  United  States  of  America  at  this  court, 
that  an  attempt  would  be  made  to  seize  the  vessel  Pampero,  of  which 
possession  has  been  taken  by  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


602  TREATY    OF    WASHINGTON. 

[Inclosure  1  in  No  70.] 

The  commissioners  of  customs  to  the  lords  commissioners  of  the  treasury. 

Custom-House,  January  2,  1864. 

Your  lordships  having  referred  to  us  the  annexed  letter  from  Mr.  Hammond,  trans- 
mitting, by  desire  of  Earl  Russell,  and  with  a  view  to  such  measures  being  taken  as 
the  law  allows  to  defeat  any  such  attempts  as  are  alluded  to,  copy  of  a  letter  from  Mr. 
Adams,  the  United  States  minister  at  this  court,  stating  that  he  has  received  informa- 
tion that  a  number  of  persons  have  lately  arrived  from  the  United  States,  with  the 
intention  of  embarking  in  the  steamer  Pampero,  now  under  seizure  at  Glasgow,  on  a 
hostile  expedition  against  the  United  States  ; 

We  report — 

That  immediately  on  receipt  of  your  lordships'  reference,  we  communicated  with  our 
collector  at  Glasgow  upon  the  subject,  and  we  beg  to  transmit  to  your  lordships  a  copy 
of  the  report  of  that  officer,  dated  the  31st  ultimo,  by  which  it  appears  that  the  steps 
taken  for  her  security  by  the  collector,  in  conjunction  with  Captain  Farquhar,  of  Her 
Majesty's  ship  Hogue,  will  be  sufficient  to  insure  the  safe  custody  of  the  vessel. 

We  beg  to  add  that  we  have  directed  our  collector  at  Liverpool  to  cause  inquiry  to 
be  made  with  respect  to  the  persons  named  in  Mr.  Adams's  letter  as  being  now  at  that 
port,  and  we  will  not  fail  to  apprise  your  lordships  of  the  result. 

(Signed)  THO.  F.  FREMANTLE. 

W.  R.  GREIG. 


528]  *  [Inclosure  2  in  No.  70.] 

Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  December  31, 1863. 

Honorable  Sirs  :  With  reference  to  your  honors'  order  of  the  29th  instant,  convey- 
ing the  information  communicated  by  Mr.  Adams  to  the  Earl  Russell  relative  to  the 
Bteamer  Pampero,  I  respectfully  report  that,  on  the  inquiry  made  previous  to  the 
seizure  of  this  vessel,  it  is  stated  that  the  vessel  was  fitted  under  the  superintendence 
of  a  Captain  Sinclair,  then  resident  in  this  city,  and  that  he  was  in  communication 
with  other  persons  alleged  to  be  in  the  service  of  the  Confederate  States  of  America. 

There  is  every  reason  to  believe  that,  had  it  not  been  for  the  effective  steps  taken  to 
prevent  her  removal,  an  attempt  would  have  been  made  to  take  the  vessel  to  sea ;  the 
measures,  however,  adopted,  in  conjunction  with  Captain  Farquhar,  of  Her  Majesty's 
ship  Hogue,  have  frustrated  any  such  intention,  and  I  have  every  reason  to  believe 
that,  with  the  assistance  afforded  me  from  the  Hogue,  the  vessel  will  be  safely  secured, 
pending  the  legal  proceedings  for  her  condemnation. 

The  vessel  still  remains  in  this  harbor  waiting  some  necessary  fittings  for  the  steer- 
ing-gear, and  will  be  removed  to  the  basin  at  Bowling  as  soon  as  it  can  be  properly 
accomplished,  and  she  will  then  be  made  snug  for  the  winter,  with  the  assistance  from 
the  Hogue  which  has  been  kindly  promised  by  Captain  Farquhar. 
Respectfully, 
(Signed)  FRED.  W.  TREVOR. 


No.  71. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
January  5,  1864.     (Received  January  5.) 
Sir  :  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury   to  trausmit  to  you,  for  the  information  of  Earl  Russell,  the 
accompanying  copy  of  a  letter  and  its  inclosures  which  have  been  re- 
ceived from  the  commissioners  of  customs  respecting  the  supposed 
arrival  in  Liverpool  of  a  number  of  persons  intending  to  embark  on 
board  the  vessel  Pampero,  lately  fitting  in  the  Clyde. 
I  have,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


BRITISH   CASE    AND   PAPERS.  603 

[Inclosure  1  in  No.  71. J 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  January  4, 1864. 
Sm:  With  reference  to  the  report  of  this  board,  dated  the  2d  iiistant,  I  am  directed 
to  transmit  to  you,  for  the  information  of  the  lords  commissioners  of  Her  Majesty's 
treasury,  the  accompanying  copies  of  reports  which  the  hoard  have  received  from  their 
officers  at  Liverpool,  with  respect  to  the  supposed  arrival  in  that  town  of  a  number  of 
persons  intending  to  embark  on  board  the  vessel  Pampero,  lately  fitting  in  the  Clyde. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  !No.  71.] 

Mr.  Morgan  to  Mr.  Gardner. 

Customs,  Liverpool,  January  1, 1864. 

Sir  :  Referring  to  the  copy  of  the  letter  headed  "  Legation  of  the  United  States," 

which  contains  the  statements  that  a  number  of  persons  have  lately  arrived  in  this 

country,  with  the  intention  of  embarking  on  board  the  steamer  Pampero,  at  Glasgow, 

and  that  some  eleven  or  twelve  of  them,  including  a  Dr.  Vallandigham,  are  now  in 

Liverpool,  &c,  I  beg  to  report  that  the  officers  of  this  department,  who  are 
[529]  always  on  the  alert  to  * obtain  and  forward  any  information  relating  to  intended 

hostile  acts  against  the  United  States,  had  not  received  any  previous  intimation 
of  the  arrival  of  such  persons. 

Careful  inquiries  have  been  made  in  quarters  where  information  upon  the  subject 
was  most  likely  to  be  obtained,  and  the  passenger-books  of  the  steam-packet  companies 
inspected  for  some  months  back,  but  no  trace  could  be  found  of  a  Dr.  Vallandigham, 
or  of  the  other  persons  referred  to,  at  any  of  the  seamen's  boarding-houses. 

Very  respectfully, 

(Signed)  E.  MORGAN,  Surveyor. 

P.  S. — I  beg  further  to  state,  that  I  have  had  an  interview  with  the  consul  of  the 
United  States  at  this  port,  from  whom  Mr.  Adams,  the  minister,  appears  to  have  re- 
ceived his  information  on  the  subject  to  which  his  letter  refers,  but  could  not  obtain 
any  clew  to  the  present  abode  of  the  persons  said  to  be  in  Liverpool,  from  him,  further 
than  that  they  were  all  of  them  in  private  lodgings,  and  all  under  an  assumed  name. 

E.  M. 


[Inclosure  3  in  No.  71.] 

Mr.  Edwards  to  the  commissioners  of  customs. 

Custom-House,  Liverpool, 

January  2,  1864. 
Honorable  Sirs:  Special  inquiry  has  been  made  relative  to  the  arrival  in  this 
town  of  a  number  of  persons  intending  to  embark  on  board  the  Pampero,  at  Glasgow, 
on  a  hostile  expedition  against  the  United  States,  in  accordance  with  your  order  of 
the  30th  ultimo ;  but  it  will  be  seen,  from  the  aforegoing  report  of  Mr.  Morgan,  sur- 
veyor, that  his  endeavors  to  obtain  information  on  the  subject  have  been  unsuc- 
cessful. 

Should,  however,  subsequently  any  additional  information  ^be  obtained,  it  shall  at 
once  be  conveyed  to  the  board. 
Respectfully, 
(Signed)  S.  P.  EDWARDS 


No.  72. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  January  6, 1864: 
Sir  :  I  am  directed  by  Earl  Kussell  to  request  that  you  will  suggest 
to  the  lords  commissioners  of  the  admiralty  the  propriety  of  causing  a 


4 
604  TREATY    OF   WASHINGTON. 

survey  to  be  made  of  the  steamer  Pampero,  which  has  been  lately  seized 
in  the  Clyde,  in  order  to  ascertain  whether  she  would  suit  the  purposes 
of  Her  Majesty's  navy. 

I  am,  &c,  i 

(Signed)  E.  HAMMOND. 


No.  73. 

The  secretary  to  the  admiralty  to  Mr.  Hammond.  ' 

Admiralty,  January  8,  1864.    (Eeceived  January  9.) 
Sir  :  With  reference  to  your  letter  of  the  6th  instant,  I  am  command- 
ed by  my  lords  commissioners  of  the  admiralty  to  acquaint  you,  for  the 
information  of  the  secretary  of  state  for  foreign  affairs,  that  the  neces- 
sary orders  have  been  given  for  the  survey  of  the  steamer  Pampero, 
lately  seized  in  the  Clyde. 
I  am,  &c, 
(Signed)  .  W.  G.  ROMAINE. 


530]  *No.  74. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
January  13,  1864.  (Eeceived  January  13.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded 
oy  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to 
you,  for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a  letter, 
dated  9th  instant,  from  the  board  of  customs,  with  copy  of  the  accom- 
panying report  from  the  collector  of  customs  at  Glasgow,  further  re- 
lating' to  the  vessel  Pampero,  under  seizure  by  Her  Majesty's  govern- 
ment. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  74.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  January  9,  1864. 
Sir  :  With  reference  to  the  correspondence  on  the  subject  of  the  vessel  Pampero, 
lately  fitting  at  Glasgow,  I  am  desired  to  transmit  to  you,  for  the  information  of  the 
lords  commissioners  of  Her  Majesty's  treasury,  the  accompanying  extract  from  a  report 
of  the  collector  of  customs,  at  Glasgow,  in  regard  to  the  said  vessel,  dated  the  7th 
instant. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  74.] 

Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  January  7, 1864. 
Honorable  Sirs  :  With  reference  to  yonr  honors'  order  of  the  5th  instant,  I  respect- 
fully report  that,  in  consequence  of  the  steering-gear  being  imperfect,  it  has  been  im- 
possible to  move  the  vessel  Pampero  to  Bowling,  and  she  remains  in  this  harbor. 


BEITISH    CASE   AND    PAPERS.  605 

It  having  been  found  that  the  spindle-barrel  had  not  been  fitted  to  the  wheel,  I  ap- 
plied to  the  owner  to  attach  the  same,  with  the  view  to  move  the  vessel  to  Bowling ; 
this  they  have  assented  to  do,  those  fittings  being  held  as  their  property.  Since  this 
has  been  completed,  the  state  of  the  tide  has  prevented  the  vessel  being  taken  into  a 
proper  berth  at  Bowling,  but  at  the  beginning  of  next  week  she  will  be  ready  to  be 
moved  if  the  weather  permits.  For  this  work  I  have  contracted  with  the  Glasgow 
and  Greenock  Steam  Company  to  tow  the  vessel  down  with  two  tugs  and  to  moor  her 
safely  at  Bowling. 

After  this  is  done,  I  have  arranged  with  Captain  Farquhar,  of  Her  Majesty's  ship 
Hogue,  that  he  send  some  of  his  crew  to  put  the  spars  and  rigging  of  the  vessel  into 
winter  order,  and,  as  a  precautionary  measure  to  prevent  any  attempt  to  remove  her 
from  Bowling,  a  portion  of  the  steering-gear  will  be  taken  ashore. 

I  have  further  to  report  that,  since  the  seizure  of  the  vessel  on  the  10th  ultimo,  Cap- 
tain Farquhar  has,  on  my  request,  placed  an  engineer  and  two  stokers  from  the  Hogue 
to  keep  in  order  the  machinery,  &c. 
Respectfully, 
(Signed)  FRED'K  W.  TREVOR,  Collector, 


No.  75. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  January  18/1864.     (Eeceived  January  19.) 
Sir  :  With  reference  to  your  letter  of  the  6th  instant,  I  am  command- 
ed by  my  lords  commissioners  of  the  admiralty  to  request  you  will  state 
to  Earl  Eussell  that  they  have  had  the  Pampero  very  carefully 
[531]    surveyed  in  the  Clyde,  and  have  taken  the  opinion  of  *the  con- 
troller of  the  navy  on  the  subject,  and  their  lordships  consider 
that  the  vessel  is  not  suitable  for  Her  Majesty's  service. 
I  am,  &c, 
(Signed)  C.  PAGET. 


No.  76. 

Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  January  23,  1864. 
Sir  :  With  reference  to  your  letter  of  the  2d  instant,  I  am  directed  by 
Earl  Eussell  to  state  to  you,  for  the  information  of  Secretary  Sir  George 
Grey,  that  the  board  of  admiralty,  to  whom  his  lordship  caused  a  refer- 
ence to  be  made,  have  informed  him,  in  reply r  that  they  have  caused 
the  Pampero  to  be  very  carefully  surveyed  in  the  Clyde,  and  they  con- 
sider that  that  vessel  is  not  suitable  for  Her  Majesty's  service. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  77. 
Mr.  Galbraith  to  Mr.  Bouverie,  M.  P. 

London,  Thursday  Evening,  March  17, 1864. 
Dear  Sir:   Eeferring  to  our  conversation   this  afternoon,  I  very 
willingly  adopt  your  suggestion  to  make  a  written  proposition  in  respect 
to  the  Pampero,  which  you  will  lay  before  Her  Majesty's  governments 


606  TREATY    OF    WASHINGTON. 

Even  had  the  assurance  preferred  by  the  owners  of  this  vessel  to  the 
government  before  her  seizure  not  been  done  with  the  honest  purpose 
from  which  it  emanated,  Mr.  Denny  and  I,  acting  for  ourselves  and 
co-owners,  would  now  feel  bound  to  make  sure  (should  the  vessel  be  re- 
leased) that  by  no  chance  should  she  pass  into  the  service  of  the  Con- 
federate States,  since  we  view  your  action  on  our  behalf  in  this  matter 
as  tantamount  to  a  guarantee  of  good  faith.  So  I  am  prepared  to 
engage  that  the  Pampero-  be  kept  under  our  control,  in  order  to  prevent 
the  possibility  which  might  arise — if  sold  by  us  even  perfectly  bona  fide — 
of  her  ultimately  passing  into  an  employment  antagonistic  of  the  neu- 
trality our  government  desires  to  maintain  to  belligerents. 

When  the  Pampero  was  offered  to  the  admiralty,  before  her  seizure, 
for  conveyance  of  troops  to  New  Zealand,  we  had  in  view  (as  you  would 
observe  from  the  copy  of  letter  on  the  subject  With  which  I  furnished 
you)  the  likelihood  of  continuous  after-employment  as  a  transport  in 
connection  with  the  then  existing  war  in  that  colony  or  hostilities  with 
Japan.  Both  these  sources  of  employment,  which  would  have  formed 
a  perfect  guarantee,  are,  however,  now  removed,  and  at  the  moment  it 
is  impossible  for  me  to  indicate  what  mercantile  employment  we  may 
find  for  the  vessel ;  but  I  am  now  ready,  in  regard  to  such,  to  submit 
the  following  proposal  to  Her  Majesty's  government,  viz :  that  the  ship 
should  remain  in  charge  of  the  custom-house j  that  we  should  proceed 
to  make  such  alterations  without  delay  as  may  be  by  the  authorities 
thought  requisite  to  satisfy  them  that  the  ship  can  be  used  only  in 
peaceful  commerce,  and  then  that  we  should  employ  her  in  the  ordinary 
course  of  trade ;  and,  in  the  mean  time,  that  the  legal  proceedings  which 
are  costing  the  owners  so  large  an  amount  should  be  at  once  stayed. 

You  are  at  liberty  to. make  what  use  you  deem  judicious  of  this  com- 
munication. It  is  made  to  you  without  the  opportunity  of  consulting 
the  legal  adviser  of  the  owners  in  Glasgow ;  but  of  course  it  will  be 
held  as  without  prejudice,  should  the  proposal  it  contains  not  be 
accepted  by  the  government. 
I  am,  &c, 
(Signed)  JAS.  GALBEAITH. 


f  532  J         '  *  No.  78. 

The  lord  advocate  to  Mr.  Bouverie,  M.  P. 

15  Great  Stuart  Street,  Edinburgh, 

March  24,  1864. 

My  Dear  Bouverie  :  I  have  carefully  considered  the  communica- 
tion you  sent  me  on  the  part  of  the  owners  of  the  Pampero. 

I  shall  explain  the  views  which  have  occurred  to  me  on  their  proposal. 

In  its  public  aspect  there  is  nothing  in  the  case  which  makes  it  desira- 
ble in  our  opinion  to  arrange  it  by  compromise.  On  the  contrary,  the 
facts  on  which  the  proceedings  depend  admit  of  being  easily  established, 
and  the  legal  questions  involved,  even  were  they  more  doubtful  than 
they  are,  could  not  arise  for  decision  in  a  more  favorable  form. 

The  only  consideration  which  would  induce  me  to  recommend  an 
arrangement  of  the  case  is  the  large  pecuniary  interest  which  it  involves 
on  the  part  of  the  defendants,  by  the  operation  of  a  statute  which,  at 
the  time  of  the  alleged  violation  of  it,  had  not  received  any  judicial 
interpretation. 


BRITISH   CASE   AND    PAPEES.  607 

I  am  not  indisposed  on  this  ground  only  to  recommend  the  govern- 
ment to  consider  the  case  favorably,  as  far  as  these  iuterests  are  con- 
cerned. But  any  arrangement  to  be  made  must  proceed  on  a  footing 
which  will  put  beyond  doubt  the  legal  title  of  the  Crown  to  deal  with 
the  vessel,  and  which  will,  at  the  same  time,  publicly  vindicate  the 
action  of  the  government  in  the  matter. 

I  cannot,  therefore,  recommend  the  government  to  adopt  the  proposi- 
tion of  the  owners,  as  it  would  leave  both  the  legal  title  of  the  Crown 
and  the  propriety  of  its  proceedings  open  to  question. 

I  should  be  prepared  to  recommend  a  settlement  on  the  following 
footing : 

The  Crown  to  take  a  verdict  on  one  of  the  counts  in  the  information. 
The  defendant  may  select  the  count  on  which  the  verdiet  is  to  proceed, 
and  state,  if  they  think  fit,  the  circumstances  under  which  they  violated 
the  statute. 

No  further  procedure  to  take  place  on  the  part  of  the  Crown,  with  a 
view  to  the  application  of  the  verdict,  provided  the  rest  of  the  arrange- 
ment is  duly  carried  out. 

The  owners  thereafter  to  execute  on  the  vessel  such  alterations  as 
the  Crown  may  require,  to  make  her  in  all  respects  a  merchant- ship. 

These  alterations  being  completed,  the  Crown  to  permit  the  owners 
to  trade  with  the  vessel  for  their  own  behoof,  they  giving  bond  for  the 
due  employment  of  the  vessel  under  such  penalties  as  may  be  fixed. 
The  amount  to  be  arranged  before  this  agreement  is  completed. 

The  registry  of  the  vessel  to  be  so  effected  as  to  prevent  the  owners 
from  transferring  her  without  the  consent  of  the  Crown.  I  am  not  pre- 
pared at  this  time  to  go  into  details  on  the  mode  of  effecting  this  object. 

Lastly,  after  such  interval  as  may  seem  reasonable,  and  provided  the 
above  stipulations  have  been,  in  the  meanwhile,  faithfully  carried  out, 
the  Crown  to  release  the  vessel,  as  far  as  the  title  acquired  by  the  judg- 
ment is  concerned,  the  bond  still  subsisting  should  the  Crown  so  re- 
quire.   I  suggest  two  years  as  the  proper  interval. 

I  hope  you  will  be  able,  without  delay,  to  give  me  an  answer.  I  have 
thought  it  better  at  once  to  state  the  only  terms  upon  which  I  can 
recommend  a  settlement.  My  proposal  has  reference  entirely  to  the  own- 
ers' pecuniary  interest ;  and  I  am  not  prepared  to  recognize  any  other 
as  matter  fit  for  adjustment.  The  taking  of  the  verdict  is,  in  my 
opinion,  essential,  and  without  that  element  being  conceded,  I  can  be 
of  no  further  service  in  promoting  an  arrangement. 
Believe  me,  &c, 
(Signed)  J.  MOKCEIEFF. 


No.  79. 

Earl  Russell  to  the  lord  advocate. 

Pembroke  Lodge,  March  26, 1864. 
My  Dear  Lord  Advocate  :  I  quiet  concur  in  your  proposed  answer. 
I   think   the  taking  and  recording  a  verdict  for  the  Crown  quite 
essential. 

I  remain,  &c, 

(Signed)  BUSSELL. 


608  TREATY   OF   WASHINGTON. 

[533]  *No.  80. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
September  25, 1865.     (Received  September  25.) 
Sir  :  With  reference  to  former  correspondence  on  the  subject  of  the 
ship  Pampero,  I  am  directed  by  the  lords  commissioners  of  Her  Maj- 
esty 's  treasury  to  transmit  to  you  the  inclosed  copy  of  a  letter  from  the 
admiralty,  requesting  information  whether  it  is  necessary  that  men 
should  still  be  kept  in  charge  of  that  vessel  $  and  I  am  desired  to  re- 
quest that  you  will  inform  me  what  reply  Lord  Russell  would  wish 
should  be  made  to  the  inquiry  of  the  board  of  the  admiralty. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

[Inclosure  in  ~No.  80.] 

The  secretary  to  the  admiralty  to  Mr.  Hamilton. 

Admiralty,  September  22,  1865. 
Sir  :  The  Pampero,  steam- vessel,  being  still  under  seizure  in  the  river  Clyde,  I  am 
commanded  by  my  lords  commissioners  of  the  admiralty  to  request  you  will  move  the 
lords  of  Her  Majesty's  treasury  to  cause  me  to  be  informed  whether  it  is  necessary  that 
men  should  still  be  kept  in  charge  of  her. 
1  am,  &c, 
(Signed)  W.  G.  KOMAINE. 


No.  81. 
Mr.  Hammond  to  the  lord  advocate. 

Foreign  Office,  October  12, 1864. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  a  copy  of  a 
letter  from  the  treasury,  inclosing  a  copy  of  a  letter  from  the  admi- 
ralty,1 requesting  to  be  informed  whether  it  is  necessary  that  men 
should  still  be  kept  in  charge  of  the  Pampero  steam-vessel,  stated  to  be 
still  under  seizure  in  the  river  Clyde;  and  I  am  to  request  that  you 
will  inform  Lord  Eussell  whether  you  see  any  objection  to  giving  up 
the  Pampero  to  her  owners  or  builders,  whoever  they  may  be,  and  that 
you  will  advise  his  lordship  as  to  the  course  which  ought  to  be  pur- 
sued with  regard  to  this  vessel,  which  he  was  not  aware  was  still  under 
seizure. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  82. 

The  lord  advocate  to  Mr.  Hammond. 

Edinburgh,  October  19, 1865.    (Received  October  20.) 
Sir  :  I  have  the  honor  to  acknowledge  your  communication  of  the 
12th  of  October,  and  have  to  state,  for  the  information  of  Lord  Russell, 

»No.  80. 


BRITISH    CASE    AND    PAPERS.  609 

that,  on  the  15th  of  September,  the  agents  for  the  owners  of  the  Pam- 
pero applied  to  me  for  authority  to  have  her  registered  in  their  own 
names,  and  thereafter  to  take  possession  of  her. 

On  the  20th  September  I  informed  Secretary  Sir  George  Grey  that 
it  appeared  to  me  unnecessary  to  detain  the  vessel  longer,  and  pro- 
posed to  consent  to  what  the  owners  wished.  In  reply,  Sir  George  Grey 
expressed  his  approval,  and  in  consequence  the  collector  of  customs  at 
Glasgow  has  been  instructed  to  give  the  vessel  over  to  the  owners. 

I  have,  &c, 

(Signed)  J.  MONCRIEFF. 


[534]  *No.  S3. 

Mr.  Murray  to  the  secretary  to  the  treasury. 

Foreign  Office,  October  23, 1865. 
Sir  :  With  reference  to  your  letter  of  the  25th  ultimo,  I  am  directed 
by  Earl  Russell  to  transmit  to  you,  to  be  laid  before  the  lords  commis- 
sioners of  Her  Majesty's  treasury,  a  copy  of  a  letter  from  the  lord 
advocate,1  from  which  it  will  be  seen  that  the  Pampero  has  been  given 
over  to  her  owners ;  and  I  am  to  request  that  you  will  move  their  lord- 
ships to  communicate  this  information  to  the  board  of  admiratty. 
I  am,  &c, 
(Signed)  JAMES  MUREAY. 


1  No.  82. 
H.  Ex.  282,  vol.  ii 39 


(535J 


HAWK. 


1537] 


*  TABLE  OF  CONTENTS. 


From  whom  and  to  whom. 


Treasury  to  foreign  office 
.do '. 

do 


Date. 


Mr.  Beghie  to  Earl  Russell. . . 
Foreign  office  to  treasury 


I 
6  | 


Apr.  4,1864 
Apr.  12,1864 

Apr.  12, 1864 

Apr.  13, 1864 
Apr.  13, 1864 


Foreign  office  to  lord  advocate.!  Apr.  13,1864 


Foreign  office  to  Mr.  Beghie . . 
Mr.  Adams  to  Earl  Russell... 


Apr.  15, 1864 
Apr.  16, 1864 


Earl  Russell  to  Mr.  Adams...  Apr.  18,1864 


10 
11 

12 

13 

14 
15 

16 
17 

18 

!!) 

2D 
21 


Foreign    office    to    treasury,     Apr.  18, 1864 
home  office,  and  lord  advo- 
cate. 

Lord  advocate  to  foreign  office,  j  Apr.  19,1864 


Treasury  to  foreign  office \  Apr.  20, 1864 


Apr.  22,  1864 
Apr.  23,  18:4 

Apr.  23,1864 


do J  Apr.  25, 1864 

Law-officers  to  Earl  Russell. . .  |  Apr.  26, 18C4 
Treasury  to  foreign  office 1  Apr.  28,-1864 

do |  Apr.  29,  1864 


Home  office  to  foreign  office . 
Foreign  office  to  treasury. . . 


Apr.  30, 1864 
May    6,1864 


Mr.  Adams  to  Earl  Russell. . .  June  18, 1864 


Subject. 


Report  from  collector  of  customs  at 
Glasgow,  as  to  a  vessel  of  sus- 
picious character  built  at  Renfrew. 

Application  from  the  builders  for 
permission  to  send  the  Hawk  to 
London  to  be  registered,  has  been 
refused  by  collector  at  Glasgow. 

Communications  with  the  United 
States  consul  at  Glasgow.  There 
is  no  evidence  as  yet  for  detaining 
the  vessel.  What  instructions 
should  be  given  ? 

Complains  of  the  refusal  to  allow  his 
vessel  to  leave  Glasgow. 

The  lord  advocate  has  been  requested 
to  take  what  steps  he  may  think 
proper. 

Forwarding  correspondence  as  to  the 
Hawk,  and  requesting  him  to  take 
what  steps  he  may  think  proper. 

The  matter  has  been  referred  to  the 
lord  advocate. 

Information  from  the  United  States 
consul  at  Liverpool  that  the  Hawk 
is  being  fitted  out  for  war  pur- 
poses.   He  has  no  evidence. 

Acknowledging  receipt  of  his  note. 
The  attention  of  Her  Majesty's  gov- 
ernment is  already  directed  to  the 
matter. 

Forwarding  Mr.  Adams's  note  for 
proper  steps. 

Infers  from  the  information  as  yet 
received  that  the  vessel  is  a  block- 
ade-runner. Ko  ground  for  detain- 
ing her.   * 

The  customs  authorities  have  been 
instructed  to  be  guided  by  the  lord 
advocate. 

Departure  of  the  vessel  from  the 
Clyde  for  London  without  leave. 
The  master  is  liable  to  a  fine. 

Application  by  Mr.  Beghie  for  regis- 
try of  the  vessel. 

The  master  of  the  Hawk  will  be 
called  upon  for  explanations.  Is  it 
desired  that  she  should  be' detained 
if  they  are  not  satisfactory? 

The  master  has  given  satisfactory  ex- 
planations. Shall  the  vessel  be  de- 
tained ? 

There  is  no  evidence  to  justify  either 
the  seizure  or  detention '  of  the 
vessel. 

Explanation  how  the  vessel  left  the 
Clyde  without  the  knowledge  of 
the  collector  at  Greenock. 

The  Hawk  has  been  moved  to  Pur- 
fleet.  Does  not  seem  adapted  for 
fighting  purposes. 

The  Hawk  is  reported  to  be  at  Pur- 
fleet. 

The  law-officers  report  that  there  is 
no  ground  for  seizing  or  detaining 
the  vessel. 

Forwarding  a  letter  from  the  United 
States  consul  in  London  reporting 
various  suspicious  circumstances 
regarding  the  vessel,  and  protest- 
ing against  the  injury  done  to  the 
United  States  by  such  evasions  of 
the  law. 


3*3 


Page. 
539 


Page. 
615 


540  !      616 


542 
513 


619 

619 


543  I  61i) 

543  !  620 

543  |  620 

544  |  G21 

|     544  |  C21 

-15  i  621 


545 

622 

545 

623 

547 

624 

549 

626 

549 

626 

550 

6-27 

551 

628 

552 

629 

553 

630 

553 

631 

631 


614 


TREATY    OF    WASHINGTON. 


Table  of  contents — Continued. 


Froni  whom  and  to  whom. 

Date. 

Subject- 

©.2 
15  ."S 

S  c 

yA 

£•3 

W  v 

Page. 

Page. 

23 

Earl  Russell  to  Mr.  Adams... 

June  20, 18G4 

Acknowledging  receipt  of  his  note. 

Will    cause  further  inquiries  to  be 

made. 
Forwarding  Mr.  Adams's  note.    For 

556 

633 

24 

Foreign  office  to  treasury  and 

June  20, 1804 

556 

634 

home  office. 

immediate  inquiries. 

25 

Home  office  to  Earl  Eussell-  . . 

June  29, 1864 

The  vessel  has  left  for  Bermuda.    Is 
believed  to  be  intended  to  run  the 
blockade. 

556 

634 

26 

Foreign  office  to  colonial  office . 

June  30, 1864 

Copy  of  above  letter. 

Substance  of  report  received  as  to  the 

sailing  of  the  Hawk. 
There  appears  to  be  nothing  to  war- 

557 

635 

27 

Earl  Eussell  to  Mr.  Adams 

July    4,1864 

557 

635 

28 

[538J  *Colonial  office  to  foreign 

July  22, 1864 

558 

635 

office. . 

rant    any    interference    with    the 
Hawk  on  the  part  of  the  colo  nial 
'authorities. 

29 

Mr.  Adams  to  Earl  Eussell... 

Jan.  14, 1865    Eeturn  of  the  Hawk  from  Bermuda. 
She  is   intended  for  a   privateer. 

558 

636 

-        | 

Shipment  of  men  from  the  Florida 
and   Eappahannock  on  hoard  the 

City  of  Eichmond. 

30 

Foreign  office  to  home  office. . . 

Jan.  15,1865 

Forwarding  representations  from  Mr. 
Adams  as  to  the  Hawk  and  City  of 
Eichmond  for  proper  steps. 

Inquiries  will    be  made  as   to   the 
Hawk.    There   is   no  evidence  of 

560 

637 

31 

Home  office  to  foreign  office . . . 

Jan.  16,1865 

560 

%  638 

the  destination  or  intentions  of  the 

32 

Earl  Eussell  to  Mr.  Adams... 

Jan.  16,1865 

Acknowledging  the   receipt  of    his 

letters 
Eeport  on  the  Hawk.    She  has  been 

560 

638 

33 

Home  office  to  foreign  office. . . 

Jan.  19,1865 

560 

638 

to  Bermuda  and  returned  to  Liver- 

pool.   Nothing  to  justify  suspicion 

that  she  is  meant  for  a  confederate 

cruiser. 

34  !  Earl  Eussell  to  Mr.  Adams... 

Jan.  27,1865  !  Nothing  has  been  ascertained  to  justi- 

56  L 

639 

1 

1      fy  suspicions  as  to  the  Hawk. 

539]  *HAWK. 


No.  1. 

Mr.  Hamilton  to  Mr.  Hammond, 
[Immediate.] 

Treasury  Chambers,  April  4, 1864.    (Eeceived  April  4.) 
Sir  :  I  am  desired  by  the  lords  commissioners   of  Her  Majesty's 
treasury  to  transmit  herewith,  for  the  consideration  of  Earl     hawk.-  crre- 
Russell,  copy  of  a  report  from  the  commissioners  of  ens-  6p°nden"e 
toms,  and  of  its  inclosures,  dated  the  2d  instant,  respecting  a  vessel  of 
a  suspicious  character  built  at  Renfrew. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


'        [Inclosure  1  in  No.  1.] 

Mr,  Dickins  to  Mr.  Hamilton. 

Custom-House,  April  2,  1864. 
Sir  :  I  am  desired  by  the  board  of  customs  to  transmit  to  you,  for  the  information 
of  the  lords  commissioners  of  Her  Majesty's  treasury,  and  for  such  directions  as  they 
may  see  fit  to  give  in  the  matter,  the  accompanying  copy  of  a  report  which  the  board 
have  received  from  their  collector  at  Glasgow,  and  its  inclosure,  in  regard  to  a  vessel 
of  a  suspicious  character  built  at  Renfrew,  together  with  reports  of  the  acting 
surveyor-general  for  tonnage  and  the  solicitor  of  this  department  thereon."1 
I  am,  &c,  '-  -^" 

(Signed)  GEO.  DICKINS, 

Assistant  Secretary. 


[Inclosure  2  in  No.  1.] 

Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  April  1,  1864. 
Honorable  Sirs  :  There  being  something  very  unusual  in  the  construction  of  this 
vessel,  which  is  intended  to  be  registered  in  London,  I  transmit  herewith  the  certifi- 
cate of  survey  and  formula  for  such  directions  as  your  honors  may  seem  fit  to  give. 
I  have  seen  Mr.  Henderson,  the  builder,  and  he  informs  me  the  vessel  was  laid  down 
on  speculation,  and,  when  nearly  completed,  his  firm  sold  her  to  Mr.  William  Stirling 
Begbie,  of  London.  After  the  sale  the  original  construction  was  altered,  the  poop  on 
deck  reduced  in  size,  cabins  between  decks  erected  with  the  winged  passage  round  the  ves- 
sel, the  forecastle  reduced  in  height  and  strengthened,  and  an  extra  three-inched  deck 
fitted  on  to  the  original  deck,  making  it  now  a  deck  six  inches  thick.  Mr.  Henderson 
says  that  he  cannot  inform  me  of  the  destination  of  this  vessel,  or  ihe  trade  in  which 
she  is  to  be  emploved. 

(Signed)  FREDK.  TREVOR,  Collector. 


616  TREATY    OF    WASHINGTON. 

[  5 10 1  *  [Inclosure  3  in  No.  1 .] 

Mr.  Moore  to  the  conwiissionei's  of  customs. 

Honorable  Sirs  :  The  winged  passage  above-mentioned  is  quite  an  unusual  thing 
in  ordinary  merchant-steamers ;  and  this  fact,  together  with  the  extra  thickness  of 
deck  in  a  new  ship,  and  the  unusual  thickness  of  forecastle  deck,  proves  clearly  that 
the  vessel  is  intended  for  some  special  purpose. 

(Signed)  ,  M.  MOORE, 

Acting  Surveyor-General  for  Tonnage. 


[Inclosure  4  in  No.  1.1 

Mr.  Costello  to  the  registrar  of  shipping. 

Custom-House,  Glasgow,  March  29,  1864. 
Sir:  In  accordance  with  your  directions,  (on  completing  my  survey,)  I  carefully 
examined  the  fittings  and  equipments  of  the  Hawk,  screw-steamer,  built  by  Messrs. 
Henderson,  Colburu  &.  Co.,  Renfrew  and  Man,  being  finished.  I  found  her  main  deck, 
originally  laid  with  3-inch  plank,  was  being  doubled — i.  e.,  a  second  deck  laid  over 
the  first,  of  the  same  thickness,  so  that  her  main  deck  is  now  six  inches  thick.  Her 
forecastle,  or  demi-forecastle,  is  of  the  usual  extent  and  dimensions  as  those  on  which 
the  anchors  are  generally  stowed — not  larger^but  stronger,  the  deck  being  well  sup- 
ported and  4i-  inches  thick.  She  has  a  second  deck  laid  for  three-fourths  of  her 
length,  with  wing-passages  extending  from  the  after  cabins  to  the  forecastle.  She  has 
no  round-house  on  deck  for  the  berthing  of  her  crew.  She  is  fitted  with  geared  en- 
gines, 150  horse-power  nominal,  and  is  propelled  by  screws.  Her  boilers  rise  high 
above  the  main  deck,  and  her  funnel  is  of  the  ordinary  description.  Her  frame- work 
and  plating  are  of  the  usual  sizes  required  by  Lloyd's  rules.  I  annex  a.  note  of  her 
dimensions  and  tonnage. 

I  am,  &c, 

(Signed)  M.  COSTELLO,  Measuring  Surveyor. 


[Inclosure  5  in  No.  l.J 

Report  of  ihs  solicitor  of  customs. 

April  2,  1864. 
There  does  not  appear  to  be  any  evidence  on  the  build  and  character  of  this  ship  of 
any  offensive  warlike  preparation.  The  probability  is,  that  she  is  intended  for  a 
blockade-runner,  being  strengthened  for  defense,  but  that  does  not  constitute  a  ground 
of  forfeiture.  I  have  no  knowledge  of  Messrs.  Begbie  in  connection  with  the  Confed- 
erate States  of.  America ;  the  inference  arising  from  her  having  been  surveyed  for 
registry  is,  that  she  is  intended  for  commercial  purposes.  I  see  no  ground  for  inter- 
ference. 

(Signed)  J.  T.  HAMEL. 


No.  2. 

Mr.  Hamilton  to  Mr.  RammonL 

[Immediate.] 

Treasury  Chambers, 
April  12,  18G4.  (Received  April  12.) 
Sir  :  With  reference  to  the  letter  of  this  board  of  the  4th  instant,  I 
am  desired  by  the  lords  commissioners  of  Her  Majesty's  treasury  to 
transmit  to  you  herewith  a  copy  of  a  letter  from  the  commissioners  of 
customs,  dated  the  9th  instant,  with  copy  of  its  inclosure  relating  to 
■the  steam-vessel  Hawk,  recently  built  at  Glasgow,  the  construction  of 


BRITISH    CASE    AND    PAPERS.  617 

which  is,  in  some  respects,  of  an  unusual  character ;  and  I  am  to  re- 
quest to  be  informed  what  instructions  Earl  Eussell  would  wish  should 
be  given  respecting  this  vessel  to  the  commissioners  of  customs. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


ff>41]  *  llnclosure  1  in  No.  2.] 

Mr    Gardner  to' Mr.  Hamilton. 

Custom-House,  April  9,  1864. 
Sir:  With  reference  to  the  letter  from  this  department  dated  the  2d  instant,  trans- 
mitting copy  of  a  report  of  the  collector  of  this  revenue  at  Glasgow,  and  of  reports  of 
the  acting  surveyor-general  for  tonnage  and  solicitor  relative  to  the  steamship  Hawk, 
recently  built  at  Glasgow,  and  the  construction  of  which  is  in  some  respects  of  an  unu- 
sual character,  I  am  now  directed  to  transmit,  for  the  information  of  the  lords  com- 
missioners of  Her  Majesty's  treasury,  copy  of  a  further  report  of  the  collector  at  Glas- 
gow, dated  the  8th  instant,  relative  to  an  application  which  has  been  made  by  the 
builders  of  the  said  vessel  for  a  pass  to  enable  her  to  proceed  to  London,  but  which 
.application  has  been  subsequently  withdrawn;  audi  am  to  signify  the  request  of  the 
board  to  be  favored  with  their  lordship's  directions  whether  a  pass  should  be  granted 
in  the  event  of  a  further  application  being  made  for  the  same. 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


[Inclosure  2  iu  ~No.  2.] 

Mr.  Trevor  to  the  coikmissioners  of  customs. 

Custom-House,  Glasgow,  AprilS,  1864. 
Honorable  Sirs  :  With  reference  to  my  report  of  the  1st  instant;  I  have  now  to 
report  that  an  application  having  been  made  to  me  to-day  by  the  builders  to  remove 
the  vessel  to  London  to  be  registered,  and  they  having  declined  to  make  any  state- 
ment as  to  the  trade  in  which  the  vessel  is  to  be  employed,  I  informed  them  I  could  not 
sanction  the  vessel  leaving  the  harbor  until  your  honors'  directions  were  received. 
They,  in  consequence,  declined  to  have  the  application  for  a  pass  to  London  made  in 
their  name,  and  withdrew  it. 

(Signed)  FRED'K  TROVER,  Collector. 


No.  3. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
April  12,  1864.     (Received  April  12.) 
Sir:  With  reference  to  tlieir  lordships'  letter  of  yesterday's  date,  on 
the  subject  of  a  vessel  named  the  Hawk,  recently  built  at  Glasgow, 
which  appears  to  be  of  a  somewhat  unusual  construction,  I  am  com- 
manded by  the  lords  commissioners  of  Her  Majesty's  treasury  to  trans- 
mit to  you  the  inclosed  copy  of  a  letter,  dated  this  day,  from  the  board 
of  customs,  with  copy  of  the  accompanying  report  from  the  collector  of 
customs  at  Glasgow,  relating  to  this  vessel  j  and  I  am  to  request  to  be 
informed  what  instructions  Earl  Eussell  would  wish  to  be  given  to  the 
commissioners  of  customs  in  this  matter. 
1  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


618  TREATY    OF    WASHINGTON. 

[Inclosure  1  in  No.  3.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  April  12,  1864. 
Sir  :  With  reference  to  ray  letter  of  the  9th  instant,  upon  the  subject  of  the  steamer 
Hawk,  recently  built  at  Glasgow,  I  am  directed  to  transmit  to  you  the  annexed  copy 
of  a  further  report  of  the  collector  at  Glasgow,  dated  the  11th  instant,  with  copy  of  a 
telegram  received  by  him  from  the  Cr«wn-agent  at  Edinburgh  in  respect  to  that  ves- 
sel ;  and  I  am  to  signify  the  request  of  the  board  to  be  favored  with  the  direc- 
[542]  tions  of  the  lords  commissioners  of  Her  Majesty's  treasury  as  to  whether  the  *  ves- 
sel shall  be  detained  or  otherwise,  having  to  observe  that  the  vessel  Elvira  or 
Ciceron,  alluded  to  by  the  collector,  formed  the  subject  of  the  board's  report  to  their 
lordships  of  the  5th  instant. 
I  am,  &c, 
(Signed)  •  '  F.  G.  GARDNER. 


[Inclosure  2  in  No.  3. J 
Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  April  11,  1864. 

Honorable  Sirs  :  The  inclosed  telegram  was  received  by  me  at  my  private  residence 
on  Saturday  evening  last  at  about  8  o'clock,  and  the  United  States  consul  having  on  that 
day  called  at  this  office  to  request  I  would  detain  the  steamer  Hawk,  the  subject  of  my 
reports  to  your  honors  of  the  1st  and  8th  instants,  I  inferred  the  telegram  related  to 
that  vessel,  and  I  immediately  replied  to  the  Crown-agent  by  telegraphic  message  to 
the  effect  that  the  United  States  consul,  Mr.  Underwood,  in  his  interview  with  me,  had 
stated  we  had  no  definite  information  that  the  vessel  was  intended  for  the  service  of 
the  Confederate  States,  but  that  he  suspected  such  was  the  case ;  and  that  under  such 
circumstances  I  had  informed  him  that  there  was  no  ground  at  present  for  the  deten- 
tion of  the  vessel.  I  further  wrote  to  the  Crown-agent  by  post  more  fully  to  the  same 
effect.  - 

I  was  subsequently,  between  12  and  1  o'clock  on  Sunday  morning,  waited  upon  by 
the  procurator-fiscal,  who  had  also  received  a  message  fron  the  Crown-agent,  in  conse- 
quence of  which  he  had  called  upon  Mr.  Underwood. 

The  fiscal  had  not  obtained  from  him  more  definite  information,  and,  in  fact,  not  so 
much  as  I  was  able  to  give  him,  relative  to  the  construction  of  this  vessel,  and  he  con- 
curred with  me  that  there  was  no  ground  for  interference. 

This  vessel  is  now  ready  for  sea,  and  as  her  construction  (as  reported  in  my  previous 
reports)  is  very  unusual  in  a  merchant-vessel,  and  she  can  readily  be  used  for  hostile 
or  other  illegal  purposes,  it  is  for  consideration  whether  Mr.  Begbie,  who  is  stated  to 
be  the  owner,  should  not  be  called  upon  to  state  the  trade  she  is  intended  to  be 
employed  in. 

It  may  be  proper  to  add,  the  builders  of  this  vessel  are  those  who  built  and  sold  to  a 
Spanish  house  the  vessel  Elvira,  or  Ciceron,  the  subject  of  my  report  of  the  23d  ultimo. 
Respectfullv,  &c, 
(Signed)  FRED.  W.  TREVOR,  Collector. 


[Inclosure  3  in  No.  3.  J 
Mr  Murray  to  Mr.  Trevor. 

[Telegraphic.] 

17  Walker  Street,  Edinburgh. 
Immediately  see  Mr.  Underwood  as  to  his  telegram  to  me  this  afternoon.     Report 
fully  to-night,  and  if  necessary  see  the  sheriff.     Similar  message  to  fiscal. 


BRITISH    CASE    AND    PAPERS.  619 

No.  4. 
Mr.  Begbie  to  Earl  Russell. 

[Immediate.] 

4  Mansion  House  Place, 


London,  April  13,  1864.  (Eeceived  April  13.) 
My  Lord  :  My  superintendent  was  at  Glasgow  on  Saturday,  and  was 
prevented  from  taking*  delivery  of  my  steamship  Hawk,  in  consequence 
of  the  customs  there  having  stopped  that  steamer.  I  have  captain,  en- 
gineers, and  crew  on  hoard,  and  also  cargo  deliverable  here  in  London 
this  week,  and  the  loss  and  inconvenience  to  me  is  severe  from  the 
course  adopted  by  the  customs,  which  appears  to  me  highly  unjustifiable. 
I  went  to  the  customs  here  on  Monday,  seeking  an  explanation  and 

offering  any  information.  I  was  requested  to  call  back,  as  the 
[543]    matter  was  then  before  the  *  board  r,  I  called  again  yesterday  and 

saw  the  secretary  at  11,  and  again  at  12.30,  and  was  then  told 
that  the  whole  case  and  jmpers  had  been  transmitted  to  the  treasury.  I 
went  there  and  saw  Mr.  Shelley,  wTho  informed  me  that  the  papers  had 
been  transmitted  to  the  foreign  office. 

I  beg,  my  lord,  to  be  informed  of  the  cause  of  the  arrest  of  the  Hawk, 
that  I  may  at  once  clear  myself  of  any  cause  of  such  stoppage ;  and  1 
claim  immediate  release  of  my  steamer,  that  she  may  be  received  by  me 
from  the  builders  and  prosecute  her  voyage. 

I  have,  &c, 

(Signed)  THOS.  STIRLING  BEGBIE. 


No.  5. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  April  13,  1864. 
Sir  :  I  am  directed  by  Earl  Russell  to  acknowledge  the  receipt  of  your 
letters  of  the  4th  and  12th  instants,  respecting  a  vessel  named  the  Hawk, 
fitting  out  in  the  Clyde ;  and  I  am  to  request  that  you  wjll  inform  the 
lords  commissioners  of  Her  Majesty?s  treasury  that  his  lordship  has  for- 
warded copies  of  your  letters  to  the  lord  advocate,  with  a  request  that 
he  would  take  such  steps  in  the  matter  as  may  seem  to  him  to  be 
proper. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  6. 

Mr.  Hammond  to  the  lord  advocate. 


Foreign  Office,  April  13, 1864. 
My  Lord  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  the  accom- 
panying copies  of  letters  from  the  board  of  treasury  respecting  a  vessel, 
named  the  Hawk,  fitting  out  in  the  Clyde;1  and  I  am  to  request  that 


Nos.  1,  2,  and  3. 


620  TREATY    OF    WASHINGTON. 

you  will  take  such  steps  in  the  matter  as  may  seem  to  you  to  be 
proper. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  7. 

Mr.  Hammond  to  Mr.  Begbie. 

Foreign  Office,  April  15, 1864. 
Sir  :  I  am  directed  by  Earl  Eussell  to  acknowledge  the  receipt  of 
your  letter  of  the  13th  instant,  respecting  the  case  of  the  Hawk ;  and  I 
am  to  state  to  you,  in  reply,  that  the  matter  has  been  referred  to  the 
lord  advocate  of  Scotland. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  8. 

Mr.  Adams  to  Earl  Eussell. 

Legation  of  the  United  States, 
London,  April  16,  1861.  (Received  April  18.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  the  copy 
of  a  letter  addressed  to  me  by  Mr.  Dudley,  consul  of  the  United  States 
at  Liverpool,  touching  a  steam-vessel  in  process  of  construction  and  out- 
lit  at  Renfrew,  on  the  Clyde.  My  information  of  the  nature  of  the  work 
put  into  this  vessel  convinced  me  some  time  since  that  she  was  not 
intended  for  ordinary  trade.  Later  circumstances  more  and  more  dis- 
tinctly point  out  her  destination  and  objects  to  be  to  carry  on  hostilities 

against  the  commerce  of  the  United  States.  The  difficulty  of  ob- 
[544]    taining  direct  *evidence  in  cases  of  this  kind  has  of  late  increased 

in  proportion  to  the  apprehension  felt  by  the  parties  engaged  of 
the  consequences  of  detection.  I  shall,  therefore,  confine  myself  to  a 
representation  of  the  case  as  it  has  been  laid  before  me  in  this  letter, 
and  to  solicit  attention  to  it  on  the  part  of  Her  Majesty 7s  government. 

I  prav,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[liioloaure  in  No.  H.J 

Mr.  Dudley  to  Mr.  Adams. 

United  States  Consulate, 

Liverpool,  April  13, 1864. 
Sir:  I  have  information  that  I  regard  as  entirely  reliable  that  a  steam-vessel  built  by 
Hendersons,  at  Renfrew,  on  the  Clyde,  and  now  at  their  yard,  called  the  Hawk,  is  being 
secretly  fitted  out  as  a  privateer  for  the  insurgents  to  make  war  against  the  Govern- 
ment of  the  United  States.  My  information  is  that  she  is  being  fitted  out  under  the 
superintendence  of  Captain  James  D.  Bullock,  the  well-known  agent  in  this  country 
of  the  so-called  southern  confederacy.  About  three  weeks  ago  this  man  Bullock  went 
up  to  Glasgow  and  inspected  this  vessel.  Since  then  they  have  put  down  another  deck 
over  the  one  she  had  when  launched,  strengthened  her  timbers,  put  up  hammocks  to 


BRITISH    CASE    AND    PAPERS.  621 

accommodate  a  crew  of  over  100  men,  and  erected  cabins  for  some  twelve  officers.  That 
the  coal-bunkers  are  so  arranged  around  the  boilers  as  to  protect  them  from  shot  or 
shell ;  in  a  word,  that  she  is  being  fitted  up  for  war,  and  not  commercial  purposes,  and 
is  to  be  armed  and  used  by  the  insurgents  against  the  Government  of  the  United 


She  has  her  engines  in,  sails  set,  and  will  be  ready  for  sea  in  a  week  or  ten  days.  I 
have  no  evidence,  and  it  may  be  impossible  to  obtain  any,  as  they  are  conducting  all 
their  operations  witli  great  caution  and  secrecy.  But  of  the  truth  of  the  facts,  as  stated, 
I  have  no  doubt. 

I  am,  &c, 

(Signed)  THOMAS  H.  DUDLEY. 


No.  9. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  18, 1864. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  16th  instant,  inclosing  a  copy  of  a  letter  from  the  United  States 
consul  at  Liverpool,  respecting  the  vessel  called  the  Hawk,  in  process 
of  construction  and  outfit  at  Renfrew,  on  the  Clyde ;  and  I  have  the 
honor  to  inform  you  that  the  attention  of  Her  Majesty's  government  had 
been  already  directed  to  this  vessel. 
I  am,  &c, 
(Signed)  RUSSELL. 


]STo.  10. 

Mr.  Layard  to  Mr.  Hamilton.1 

Foreign  Office,  April  18, 1861. 
Sir  :  With  reference  to  Mr.  Hammond's  letters  of  the  4th,  12th,  and 
13th  instants,  I  am  directed  by  Earl  Russell  to  transmit  to  you,  to  be 
laid  before  the  lords  commissioners  of  Her  Majesty's  treasury,  copies  of 
a  note  and  its  inclosure  from  Mr.  Adams,  denouncing  the  steamer  Hawk, 
in  process  of  construction  and  outfit  at  Renfrew,  as  being  intended  for 
a  confederate  privateer  ;2  and  I  am  to  request  that  you  will  move  the 
lords  commissioners  of  Her  Majesty's  treasury  to  take  such  steps  in  the 
matter  as  can  legally  and  properly' be  adopted. 

I  am,  &c, 

(Signed)  ,  A.  H.  LAYARD. 


[545J  *No.  11. 

The  lord  advocate  to  Mr.  Layard. 

1  New  Street,  Spring  Gardens, 

April  19, 1864.     (Received  April  19.) 
Sir  :  I  have  the  honor  to  acknowledge  your  communication  of  the  18th 
instant,  inclosing  copies  of  letters  from  the  American  consul  at  Liver- 


1  Similar  letters  were  addressed  to  the  lord  advocate  and  the  home  office.     2  No.  8.   ■; 


622  TREATY    OF    WASHINGTON. 

pool  and  the  American  minister,  relative  to  the  vessel  Hawk,  now  in 
the  course  of  construction  at  Renfrew. 

My  attention  was  first  called  to  this  vessel  by  a  telegram  received  by 
the  Crown  agent  from  Mr.  Underwood,  the  American  consul  at  Glasgow, 
received  on  the  afternoon  of  Saturday,  the  9th. 

The  telegram  simply  expressed  Mr.  Underwood's  belief  that  the  vessel 
was  intended  for  hostile  purposes,  and  that  she  was  to  sail  the  following 
day. 

In  consequence  of  this  telegram,  I  directed  the  Crown  agent  to  send 
the  telegraphic  messages  which  were  referred  to  in  Mr.  Trevor's  letter,  a 
copy  of  which  was  sent  to  me  by  Mr.  Hammond  last  week. 

On  receipt  of  Mr.  Hammond's  communication  of  the  13th,  I  directed 
the  Crown  agent  to  transmit  the  papers  inclosed  in  it  to  the  procurator- 
fiscal  at  Paisley,  with  instructions  to  inquire  and  report  any  information 
he  received,  but  not  to  act  without  further  instructions.  I  have  received 
no  further  information. 

From  the  letters  I  received  from  Mr.  Trevor,  the  collector  at  Glasgow, 
and  the  procurator-fiscal  there,  in  reply  to  the  Crown  agent's  telegrams  of 
the  9th,  I  infer  that  this  vessel  is  intended  to  run  the  blockade,  and  not 
for  a  cruiser,  if  she  is  built  for  the  Confederate  States,  or  for  American 
purposes,  and  I  do  not  think  at  present  there  is  ground  for  detaining 
her.  But  I  shall  probably  receive  further  information  in  a  day  or  two. 
Meanwhile  I  gather  from  Mr.  Trevor's  letter  that  she  has  not  obtained 
his  certificate,  without  which  she  is  not  entitled  to  sail. 
I  have,  &c, 
(Signed)  J.  MONCKIEFF. 


No.  12. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers,  April  20, 1864.    (Received  April  21.) 
Sir  :  The  lords  commissioners  of  Her  Majesty's  treasury  have  had 
before  them  your  letter  of  the  18th  instant  and  its  inclosures,  further 
respecting  the  Hawk,  a  steamer  now  fitting  at  Eenfrew,  and  alleged  to 
be  intended  for  the  service  of  the  Confederate  States. 

As  it  is  stated  in  the  letter  from  the  foreign  office  of  the  13th  instant 
that  the  letters  relating  to  this  vessel  have  been  forwarded  to  the  lord 
advocate,  with  a  request  that  he  would  take  such  steps  in  the  matter  as 
may  seem  to  him  to  be  proper,  my  lords  have  given  directions  to  the 
commissioners  of  customs,  in  order  that  no  time  may  be  lost  in  case  it 
should  be  necessary  to  take  any  steps  in  the  matter,  to  be  guided  by  the 
opinion  of  the  lord  advocate  as  to  such  steps ;  but,  with  the  view  to  an 
early  decision  upon  the  subject,  and  in  order  that  the  same  may  be 
communicated  by  this  board  to  the  commissioners  of  customs  in  the 
usual  manner,  my  lords  request  that,  as  soon  as  Earl  Russell  may  be  in 
possession  of  the  opinion  of  the  lord  advocate,  they  may  be  informed  of 
the  decision  at  which  the  secretary  of  state  may  arrive  as  to  the  deten- 
tion or  otherwise  of  this  vessel. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


BRITISH    CASE    AND    PAPERS.  623 

No.  13. 

Mr.  Hamilton  to  Mr,  Hammond. 

[Immediate.] 

Treasury  Chambers,  April  22, 1861.    (Received  April  23.) 

Sir  :  With  reference  to  the  previous  correspondence  respecting  the 

Hawk,  a  steamer  built  in  the  Clyde,  and  suspected  of  being 

[54:6]    intended  for  the  service  of  the  ^Confederate  States,  I  am  desired 

by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit 

herewith  copies  of  letters  from  the  commissioners  of  customs  of  this  day's 

date,  and  of  inclosures  respecting  the  departure  from  the  Clyde  of  that 

vessel  on  the  16th  instant. 

I  am  also  to  transmit  copy  of  the  letter  of  this  board  in  reply  to  the 
communication  from  the  commissioners  of  customs,  and  I  am  to  request 
that  my  lords  may  be  informed  what  instructions  Earl  Russell  may 
desire  should  be  given  to  the  custom-house  authorities  as  regards  the 
steamer  in  question,  in  the  event  of  her  entering  any  of  the  ports  of  the 
United  Kingdom. 
I  am,  &c, 
(Signed)  *   GEO.  A.  HAMILTON. 


[Inclosure  1  in  No.  13. j 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  London,  April  22,  1864. 

Sir  :  With  reference  to  the  orders  of  the  lords  commissioners  of  Her  Majesty's  treasury, 
dated  the  16th  and  19th  instant,  respecting  the  Hawk,  a  vessel  recently  built  in  the 
Clyde,  I  am  directed  to  transmit  to  you,  for  the  information  of  their  lordships,  the 
inclosed  copy  of  a  report  of  the  collector  of  this  revenue  at  Glasgow,  dated  the  20th 
instant,  by  which  it  appears  that  the  vessel  had  left  the  port  for  London  on  the  16th. 
I  am  at  the  same  time  to  transmit  a  copy  of  the  report  of  the  solicitor  of  this  date, 
stating  that  the  master  had  incurred  a  penalty  of  £100,  and  to  acquaint  you  that  the 
board  have  instructed  the  solicitor  to  institute  proceedings  against  him  for  the  recovery 
thereof. 

I  am  further  to  state  that  the  board  have  not  yet  been  enabled  to  ascertain  whether 
the  vessel  has  arrived  in  London,  but  inquiry  is  being  made,  and  the  result  will  bo 
reported  to  their  lordships.     I  am  to  add  that  the  collector  at  Glasgow  had  received  no 
directions  to  detain  the  vessel. 
I  am,  &c, 
(Signed)  •        F.  G.  GARDNER. 


[Inclosure  2  in  No.  13.] 
Mr.  Trevor  to  the  commissioners  of  customs. 

Custom-House,  Glasgow,  April  21,  1864. 

Honorable  Siks  :  I  respectfully  report  that  the  vessel  Hawk,  the  subject  of  your 
honors'  order  to -this  port  of  the  19th  instant,  left  the  Clyde  on  Saturday  last  for 
London,  where,  I  am  this  morning  informed,  she  has  arrived. 

On  Thursday  last  Mr.  Henderson,  of  the  firm  of  Henderson  and  Colburn,  of  Renfrew, 
the  builders,  called  upon  me  to  request  the  vessel  may  make  her  trial-trip  on  Saturday, 
when  I  acquainted  him  there  was  no  objection  to  the  trial- trip  being  made  in  the  Clyde, 
but  the  vessel  eould  not  be  allowed  to  leave  the  Clyde  until  she  was  duly  registered. 

He  then  promised  me  that,  after  the  trial  and  the  adj  ustment  of  the  compasses,  he  would 
detain  the  vessel  in  the  Gravelock,  or  at  the  Tail  of  the  Bank,  and  I  was  not  aware 
until  this  morning  that  the  vessel  had  left. 

No  certificate  of  registry  has  been  produced  to  me,  nor  clearance  granted  for  200  tons 


624  TREATY    OF    WASHINGTON. 

I 

of  pig-iron,  which  was  shipped  at  Renfrew,  within  this  port.  These  goods  are  there- 
fore liable  to  forfeiture  under  section  157  of  the  customs  consolidation  act,  and  the 
master  liable  also  to  a  penalty. 

Respectfully,  &c.,  / 

(Signed)  FRED'K  TREVOR,  Collector. 


[547]  •  *[Inclosure3in  ]STo.  13.] 

Report  of  the  solicitor  of  customs. 

April  22,  1864. 
In  the  event  of  the  vessel  being  within  the  port  of  London,  any  officer  of  cus- 
toms may  require,  under  the  nineteenth  section  of  the  merchant  shipping  act,  1854, 
the  master  to  produce  the  certificate  of  registry  of  the  ship  to  enable  him  to  grant 
clearance;  and  if  such  ship  attempts  to  proceed  to  sea  as  a  British  ship  without  a 
clearance  or  transire,  such  officer  may  detain  her  until  such  certificate  is  produced. 
The  same  power  extends  to  every  other  port  within  the  United  Kingdom.  The  mas- 
ter having  had  cargo  on  board  on  leaving  Glasgow,  has  incurred  the  penalty  of  £100 
nnder  section  11  of  18  and  19  Vict.,  cap.  90. 

(Signed)  R.  BEVERLY. 


[Iiiclosure  4  in  No.  13:] 

Mr.  Gardner  to  Mr.  Hamilton. 

v  Custom-House,  April  22,  1864. 

Sir  :  With  reference  to  my  letter  of  this  date,  respecting  the  vessel  Hawk,  I  am  now 
directed  to  state  that  diligent  inquiry  has  been  made  at  the  various  docks,  and  in  the 
river,  but  no  information  can  be  obtained  in  regard  to  her,  and  it  is  believed  that  she 
has  not  arrived  at  this  port. 

Mr.  Begbie,  of  Mansion-House  Place,  merchant  and  ship-owner,  attended  at  the  long 
room  of  the  custom-house  yesterday  to  make  a  declaration  as  owner,  for  the  registry  oi 
the  Hawk,  but  as  the  chief  registrar  was  not  in  possession  of  the  certificate  of  measure- 
ment, the  vessel  has  not  been  registered.     , 
I  am,  &c, 
(Signed)  •  P.  G.  GARDNER. 


[Inclosure  5  in  No.  13.] 

Mr.  Hamilton  to  the  commissioners  of  customs. 

Treasury  Chambers,  April  22,  1864. 
Gentlemen  :  With  reference  to  your  letter  of  this  day's  date,  reporting  the  depart- 
ure from  the  Clyde  of  the  Hawk  on  the  16th  instant,  I  am  desired  by  the  lords  commis- 
sioners of  Her  Majesty's  treasury  to  request  that  they  may  be  informed,  with  as  little 
delay  as  possible,  how  it  happened  that  the  Hawk,  having  left  Glasgow  on  the  16th,  the 
collector  at  that  port  does  not  seem  to  have  been  aware  of  her  having  left  till  the  21st 
instant. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


Xo.  14. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
April  23,  186*4.     (Received  April  23.) 
Sir  :  With  reference  to  their  lordships'  letter  of  this  day's  date,  I  am 
commanded   by  the  lords  commissioners  of  Her  Majesty's  treasury  to 


BRITISH    CASE    AND    PAPERS.  625 

transmit  to  you,  for  the  information  of  Earl  Russell,  the  inclosed  copy 
of  a  letter  which  their  lordships  have  just  received  from  the  commis- 
sioners of  customs,  with  copies  of  the  accompanying  documents  further 
relating  to  the  steam- vessel  Hawk. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[548]  *[Inclosure  1  in  No.  14.] 

t 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  April  23,  1864. 
Sir:  With  reference  to  my  letters  of  the  22d  instant  and  of  this  date,  respecting  the 
vessel  Hawk,  I  am  directed  to  transmit,  for  the  information  of  the  lords  commissioners 
of  Her  Majesty's  treasury,  the  accompanying  copy  of  a  report  from  the  collector  at 
Glasgow  of  yesterday's  date,  with  copies  of  the  application  of  Mr.  Beghie,  and  of  the 
letter  of  the  Crown  agent  at  Edingburgh  therein  referred  to. 

I  am  to  add  that  the  certificate  of  measurement  of  the  vessel  will  remain  in  the  pos- 
session of  the  board  pending  their  lordships'  orders  on  the  case. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[Tnclosure  2  in  No.  14.] 
Mr.  Begbie  to  Mr.  Trevor. 

4  Mansion-House  Place, 

London,  April  21,  1864. 
Sir:  Upon  going  this  morning  to  the  customs  here  for  the  purpose  of  registering  my 
steamer  Hawk,  they  inform  me  they  have  not  yet  received  the  measurement  of  her  ; 
v  will  you  therefore  be  kind  enough  to  forward  it  immediately  to  them,  and  oblige,  &c. 
Yours   &&c 
(Signed)   *'  THOMAS  STIRLING  BEGBIE. 


[Inclosure  3  in  No.  14.] 
Mr.  Trevor  to  tlie  commissioners  of  customs. 

Custom-House,  Glasgow,  April  22,  1864. 

Honorable  Sirs  :  With  reference  to  my  report  of  yesterday's  date,  and  to  this  ap- 
plication, I  respectfully  report  that  the  certificate  of  survey  and  formula  were  trans- 
mitted to  your  honors  with  my  report  of  the  1st  instant,  and  it  is  for  consideration 
whether,  as  the  vessel  is  liable  to  detention  under  section  19  of  the  merchant  shipping 
act,  1854,  the.  owner  should  not  be  required  to  give  satisfactory  explanation  of  the 
trade  in  which  she  is  to  be  employed  prior  to  her  b  eing  registered  or  permitted  to  leave 
London. 

I  annex  a  letter  I  have  received  from  the  Crown  agent  in  Edinburgh,  and  I  would 
respectfully  refer  to  the  latter  part  of  my  report  of  the  11th  instant. 

(Signed)  FRED'K  TREVOR,  Collector. 


[Inclosure  4  in  No.  14.] 

Mr.  Murray  to  Mr.  Trevor. 

Crown  Office,  Edinburgh,  April  20,  1864.  . 
Dear  Sir  :  I  telegraphed  to  you  to-day  in  consequence  of  a  letter  received  by  me 
from  the  procurator-fiscal  at  Paisley,  (within  whose  district  Renfrew  lies,)  dated  the 
18th,  but  bearing,  the  Paisley  post-mark  of  the  19th,  in  which  he  states  that  all  the 
information  he  has  been  able  to  get,  beyond  what  I  had  already  communicated  to  him, 
"  is  that  the  said  vessel  steamed  down  the  river  Clyde  from  Renfrew  about  7  a.  m.  of 
Friday,  the  15th  instant,  and  left  the  Tail  of  the  Bank  beyond  Greenock  the  following 

H.  Ex.  282,  vol.  ii 40 


626  TREATY    OF   WASHINGTON 

day,  Saturday,  under  the  charge  of  Captain  Colby,  who  had  stated  that  he  was  taking 
the  vessel  to  London,  where  he  expected  to  arrive  to-night  or  to-morrow."  Your  reply 
to  my  telegram  conflicts  with  this  letter ;  hut  I  hope  yours  is  the  correct  explanation. 
I  have  no  instructions  yet  to  take  steps  for  detaining  the  vessel,  but  there  ap- 
[549]  pears  to  exist  so  much  suspicion  as  to  her  ultimate  use  and  destination,  that  *  great 

caution  should  be  exercised  in  permitting  her  departure.    I  presume,  however, 
that  you  have  instructions  from  your  own  board  on  this  subject. 

I  am,  &c, 

(Signed)  AND.  MURRAY,  Jun., 

Crown  Agent. 


No.  15. 
Mr.  Hamilton  to  Mr.  Hammond. 

[Immediate.] 

,     Treasury  Chambers, 
April  23,  1864.     (Eeceived  April  23.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded 
by  the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you 
the  inclosed  copy  of  a  letter  from  the  commissioners  of  customs  dated 
this  day,  reporting  the  arrival  of  the  steam- vessel  Hawk  at  Greenhithe ; 
and  I  am  to  request  to  be  informed  whether  Earl  Russell  considers  that 
the  circumstances  connected  with  the  vessel  which  have  been  reported 
to  Her  Majesty's  government  are  such  as  to  warrant  her  detention,  in 
the  event  of  the  explanation  rendered  by  the  master  of  the  cause  of  her 
leaving  the  Clyde  without  notice  proving  satisfactory ;  and  whether 
it  is  his  lordship's  wish  that  she  should  be  detained  accordingly. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

[Inclosure  in  No.  15.] 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  April  23, 1864. 
Sir  :  With  reference  to  my  letters  of  yesterday's  date,  I  am  directed  to  acquaint  you 
that,  it  having  heen  stated  to  the  hoard  that  the  vessel  Hawk  has  arrived  at  Green- 
hithe, within  this  port,  the  hoard  have,  in  consequence,  directed  their  solicitor  to  call 
u,pon  the  master  to  explain  the  circumstance  under  which  he  sailed  from  the  Clyde ; 
and  I  am  to  signify  the  request  of  the  hoard  to  he  favored  with  the  early  directions 
of  the  lords  commissioners  of  Her  Majesty's  treasury  whether  the  vessel  is  to  he  de- 
tained. 

I  am  to  add  that  Mr.  Beghie,  the  owner  of  the  vessel,  has  applied  to  the  collector  to 
register  her  as  a  British  ship,  and  presses  for  an  answer,  and  the  hoard  will  have  no 
grounds  for  detaining  her  under  the  customs  laws  if  the  explanation  of  the  master  is 
satisfactory.  Mr.  Beghie  states  that  the  vessel  is  to  proceed  immediately  to  Cardiff,  to 
take  in  a  cargo  of  coal  and  iron  for  Copenhagen. 
I  am,  &c, 
(Signed)  F.  G.  GAKDNER. 


No.  16. 
Mr.  Hamilton  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers, 
April  25, 1864.    (Received  April  25.) 
Sir  :  With  reference  to  the  previous  correspondence  respecting  the 
steamer  Hawk,  I  am  desired  by  the  lords  commissioners  of  Her  Majesty's 


BRITISH    CASE    AND    PAPERS.  627 

treasury  to  transmit  herewith  copy  of  a  letter  from  the  customs,  of  this 
day's  date,  and  of  its  inclosure,  respecting  the  alleged  illegal  departure 
of  that  vessel  from  the  Clyde  on  the  16th  instant. 

I  am  to  request  that  you  will  move  Earl  Kussell  to  cause  my  lords  to 
be  informed  whether  he  desires  that  instructions  should  be  given  to  the 
commissioners  of  customs  for  the  detention  of  this  vessel. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


[550]  *[  Inclosure  1  in  No.  16.]  . 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  April  25,  1864. 

Sir  :  With  reference  to  my  letters  of  the  22d  and  23d  instant,  respecting  the  vessel 
Hawk,  I  am  directed  to  transmit  to  you  the  accompanying  copy  of  a  letter  from  the 
master  in  explanation  of  his  proceedings,  and  to  acquaint  you,  for  the  information  of 
the  lords  commissioners  of  Her  Majesty's  treasury,  that  the  hoard  have  ascertained  that 
the  vessel  was  cleared  hy  the  officers  at  Greenock  as  stated  hy  the  master,  and  the  solic- 
itor (with  whom  the  hoard  have  conferred  on  the  subject)  has  reported  that  the  master 
has  not  incurred  any  penalty. 

I  am  at  the  same  time  to  state  that  the  solicitor  having  further  reported  that  the 
chief  registrar  cannot  refuse  to  register  the  vessel,  the  board  have  allowed  the  regis- 
try to  be  proceeded  with ;  and  I  am  to  signify  the  request  of  the  board  to  be  favored 
with  their  lordships'  early  directions  whether*  the  vessel  is  to  be  detained,  there  appear- 
ing to  be  no  ground  for  her  detention  under  the  customs  laws. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  ]STo.  16.1 

Mr.  Colby  to  the  commissioners  of  customs. 

4  Mansion-House  Place, 

London,  April  25,  1864. 
Gentlemen  :  I  received  on  board  the  steamship  Hawk,  on  Saturday,  a  memorandum 
from  the  customs,  of  which  the  following  is  a  copy  : 

"Mr.  John  Colby,  master  of  the  Hawk,  screw-steamer  to  explain  why  he  sailed  from 
the  Clyde  without  having  been  provided  with  the  necessary  pass." 

In  reply,  I  beg  to  state  that  I  did  not  leave  the  Clyde  without  the  necessary  pass,  as 
I  believe,  from  my  experience,  that  the  transire  that  I  procured  from  the  Clyde  is  all 
that  is  ever  required  by  the  customs  to  transport  a  ship  from  one  port  to  another  in  the 
kingdom  of  Great  Britain. 

I  have  further  to  submit  to  your  honorable  board  that,  having  been  appointed  to  the 
command  of  steamship  Hawk,  I  received  instructions  from  Mr.  Paddon,  (Mr.  Beg- 
bie's  superintendent,)  at  Greenock,  to  clear  the  ship  at  that  port  and  proceed  to  Lon- 
don, he  being  satisfied  with  the  machinery,  and  taking  delivery  of  the  steamer  from  the 
builders  at  Greenock.  I  accordingly  went  with  Mr.  Arthur,  ship-broker,  at  Greenock, 
and  the  customs  were  informed,  in  reply  to  their  inquiry,  that  the  iron  was  shipped  at 
Renfrew.  I  most  respectfully  submit  that  there  was  no  irregularity,  or  the  customs  at 
Greenock  would  have  detained  the  ship,  and  not  have  granted  me,  as  they  did,  the 
usual  transire  to  proceed  to  London. 
I  have,  &c, 
(Signed)  JOHN  COLBY, 

Master. 


No.  17. 

The  law-officers  of  the  Croicn  to  Earl  Russell. 

Lincoln's  Inn, 
April  26,  1864.     (Eeceived  April  27.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Layard's  letter  of  the  25th  instant,  stating  that  he  was  directed 


628  TREATY    OF   WASHINGTON. 

by  your  lordship  to  transmit  to  us  the  papers  marked  in  the  margin 
relative  to  the  case  of  a  vessel  named  the  Hawk,  which  has  been  con- 
structed at  Renfrew,  in  the  Clyde,  and  is  reported  to  be  now  at  Green- 
hithe. 

Mr.  Layard  was  also  pleased  to  state  that  he  was  directed  by  your 
lordship  to  point  out  to  us  that  the  circumstances  with  regard  to  this 
vessel  are  very  suspicious ;  that  she  has  had  no  measurement  and  no 
registry ;  and  that  she  left  the  Clyde  in  the  same  manner  as  the  Alabama 
left  the  Mersey,  on  a  trial- trip,  permitted  under  promise  that  she  should 
not  go  to  sea,  whereby  a  penalty  £100  has  been  incurred;  and  to  request 
that  we  would  take  these  papers  into  immediate  consideration,  and 
[551]  #favor  your  lordship  at  our  earliest  convenience  with  our  opinion 
whether  there  is  any  ground  for  detaining  or  otherwise  proceed- 
ing against  this  vessel. 

We  are  also  honored  with  your  lordship's  commands  signified  in  Mr. 
Layard's  further  letter  of  the  25th  instant,  stating  that,  with  reference 
to  his  former  letter  of  that  day's  date,  he  was  directed  by  your  lordship 
to  transmit  to  us  a  further  letter  and  its  inclosures  from  the  treasury, 
relative  to  the  case  of  the  ship  Hawk,  and  to  request  that  we  would 
take  these  papers  into  our  consideration,  together  with  those  already 
before  us. 

In  obedience  to  your  lordship's  commands,  we  have  taken  these  papers 
into  our  consideration,  and  have  the  honor  to  report — 

That  whatever  suspicions  maybe  entertained,  it  is  clear  that  there  is, 
at  present,  no  evidence  whatever  to  justify  the  seizure  or  detention  of 
this  vessel,  as  having  been  equipped  or  fitted  out,  &c,  in  violation  of 
the  foreign-enlistment  act.  Mr.  Begbie,  who  claims  to  be  the  owner,  is 
a  person  whose  name  has  been  connected  with  some  of  the  ships  or 
cargoes  condemned  in  the  United  States  prize-courts  for  breach  of  block- 
ade ;  but  this  is,  obviously,  no  reason  for  inferring  that  he  is  acting  in 
this  matter  on  behalf  of  the  government  of  the  Confederate  States,  or 
that  he  intends  to  employ  the  Hawk  as  a  privateer  in  their  service. 
We  have,  &c, 

(Signed)  ROUNDELL  PALMER. 

R.  P.  COLLIER. 
ROBERT  PHILLIMORE. 


No.  18. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
April  28,  1864.     (Received  April  29.) 
Sir  :  With  reference  to  previous  correspondence,  I  am  commanded  by 
the  lords  commissioners  of  Her  Majesty's  treasury  to  transmit  to  you, 
for  the  information  of  Earl  Russell,  the  inclosed  copy  of  a  letter  from 
the  secretary  to  the  commissioners  of  customs,  dated  26th  instant,  with 
copy  of  a  report  from  the  collector  of  customs  at  Glasgow,  dated  25th 
instant,  in  explanation  of  the  circumstances  under  which  the  vessel 
Hawk  left  the  Clyde  without  his  knowledge. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


BRITISH    CASE    AND    PAPERS.  629 

[Inclosure  1  in  ~No»  18.1 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  AjpHl  26,  1864. 
Sir;  With  reference  to  your  letter  of  the  22d  instant,  signifying  the  desire  of  the 
lords  commissioners  of  Her  Majesty's  treasury  to  be   informed  how  it  happened  that 
the  vessel  Hawk,  having  left  Glasgow  on  the  16th  instant,  the  collector  at  that  port 
did  not  seem  to  be  aware  of  her  departure  until  the  21st  folio wi  ag. 

I  am  directed  to  transmit  to  you,  for  the  information  of  their  lordships,  copy  of  a 
report  of  the  collector  at  Glasgow,  dated  the  25th  instant,  in  explanation  of  the  cir- 
cumstances under  which  the  vessel  left  the  Clyde  without  his  knowledge. 
I  am,  &c, 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  ISTo.  18.] 
Mr.  Trevor  to  the  commissioners  of  customs. 

Custom- House,  Glasgow,  April  25,  1864. 

Honorable  Siks  :  With  reference  to  yonr  honors'  order  of  the  23d  instant,  directing 
me  to  report,  for  the  information  of  the  lords  commissioners  of  Her  Majesty's  treasury, 
how  it  happened  that  the  Hawk,  having  left  this  port  on  the  16th  instant,  I  do  not 
appear  to  be  aware  of  her  having  left  until  the  21st  following. 

I  respectfully  report  that  the  vessel  was  built  at  Renfrew,  six  miles  from 
[552]  ^Glasgow,  where  no  officer  of  customs  is  stationed,  that  there  was  no  suspicion 
beyond  her  unusual  construction  that  she  was  intended  for  any  illegal  purpose,  and 
not  a  particle  of  proof  to  justify  me  to  place  any  officer  in  charge  of  her. 

This  unusual  construction  was  reported  by  me  on  the  1st  instant,  with  the  name  of 
the  person  resident  in  London  stated  to  be  the  owner. 

On  the  14th  instant,  the  builder,  Mr.  Henderson,  of  the  firm  of  Henderson  &  Col- 
burn,  applied  to  me  to  sanction  the  vessel  to  make  a  trial-trip  on  Saturday  the  16th, 
or  Monday  the  18th  instant,  and  being  then  aware  that  a  quantity  of  iron  had  been 
put  in  on  freight  to  London  by  a  respectable  merchant  in  this  city,  which  would  lead 
to  the  belief  the  vessel  would  go  there,  I  told  Mr.  Henderson  that,  while  I  would  not 
object  to  the  vessel  making  a  trial-trip,  (the  usual  place  for  which  is  beyond  the  limits 
of  this  port,)  she  could  not  proceed  to  sea  without  being  duly  registered  and  obtaining 
a  clearance.  He  then  promised  me  that,  after  making  such  a  trial-trip  and  adjusting 
the  compasses,  the  vessel  should  be  brought  back,  and  not  be  taken  to  sea  until  the 
proper  papers  had  been  obtained.  On  making  inquiry  for  the  vessel  again  on  the  20th, 
my  officer  was  informed  by  the  master  of  one  of  the  river  steamers  that  the  Hawk 
was  then  lying  at  Renfrew  at  the  builder's  yard,  but  on  making  further  inquiry  I 
learnt,  for  the  first  time,  the  vessel  had  left  the  Clyde  on  the  16th  instant,  which  was 
reported  by  me  on  the  21st  instant. 

I  have  subsequently  learnt  from  the  owners  of  the  iron  that  the  vessel  arrived  at 
Greenhithe,  where  the  iron  has  been  delivered,  the  discharge  being  completed  on  the 
23d  instant. 

Respectfully,  &c, 

(Signed)  FRED.  H.  TREVOR, 

Collector. 


Xo.  19. 
Mr.  Hamilton  to  Mr.  Hammond. 

[Immediate.] 

Treasury  Chambers, 
April  29,  1864.     (Received  April  29.) 
Sir  :  With  reference  to  previous  letters  of  this  board,  to  which  my 
lords  have  not  as  yet  received  any  reply,  I  am  commanded  by  the  lords 
commissioners  of  Her  Majesty's  treasury  to  transmit  to  you,"for  the  in- 


630  TREATY    OF   WASHINGTON. 

formation  of  Earl  Kussell,  the  inclosed  copy  of  a  further  letter,  dated 
this  day,  from  the  secretary  to  the  commissioners  of  customs,  relating 
to  the  vessel  Hawk. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


["Enclosure  in  No.  19.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  April  29,  1864. 
Sir:  With  reference  to  my  letter  of  the  26th  instant,  and  to  the  previous  correspond- 
ence which  has  taken  place  relative  to  the  vessel  Hawk,  lately  built  in  the  Clyde,  I  am 
desired  to  acquaint  you,  for  the  information  of  the  lords  commissioners  of  Her  Majesty's 
treasury,  that  the  vessel  has  been  moved  up  the  river  to  Purfleet ;  and  the  controller 
of  the  out-door  department  of  this  revenue  has  reported  to  the  board  that  no  cargo 
has  been  taken  on  board;  that  her  crew  is  small;  that  she  does  not  appear  to  have 
been  constructed  to  carry  guns;  and  that  she  seems  better  adapted  "for running  than 
for  fighting." 

I  am,  &c, 

(Signed)  F.  G.  GARDNER. 


[553]  *No.20. 

Mr.  Waddington  to  Mr.  Layq$$i> 
[Immediate.] 

Whitehall,  April  30, 1864.    (Eeeeived  May  2.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you, 
for  the  information  of  Earl  Eussell,  with  reference  to  your  letter  of  the 
18th  instant,  the  inclosed  copy  of  a' police  report,  from  which  it  appears 
that  the  vessel  named  the  Hawk  is  now  at  anchor  off  Purfleet. 
I  am,  &c, 
(Signed)  H.  WADDIXGTOST. 


[Inclosure  in  No.  20.] 

Police  report. 

Thames  Division,  April  29,  1864. 
To  the  Commissioner : 

I  respectfully  beg  to  report  that  the  screw-steamship  Hawk,  mentioned  in  the 
attached  correspondence,  was  discovered  by  two  of  our  men  at  anchor  off  Purfleet, 
where  it  is  rumored  that  "she  is  waiting  for  some  gentlemen  to  come  down  and  survey 
her."    She  appears  to  be  completely  fitted  and  ready  for  sea. 

The  cause  of  the  delay  in  our  finding  her  has  been  by  her  not  coming  within  the 
reach  of  our  usual  river  duties.  I  have  had  two  men  specially  employed  from  Sunday 
last  searching  all  the  docks  in  the  pool  and  the  river  as  far  down  as  "  Halfway 
Reach;"  one  of  them  has  also  been  by  rail  to  Gravesend.  Yesterday  I  sent  them 
down  in  a  private  boat,  and  on  their  way  they  fell  in  with  her  at  Purfleet,  as  above 

of  nj-n/-| 

(Signed)  J.  E.  EVANS, 

Superintendent. 


BRITISH    CASE    AND    PAPERS.  631 

No.  21. 
Mr.  Layard  to  Mr.  Hamilton. 

Foreign  Office,  May  6, 1864. 
Sir:  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  to  be  laid 
before  the  lords  commissioners  of  Her  Majesty's  treasury,  with  reference 
to  your  several  letters  respecting  the  steamer  Hawk,  a  copy*  of  a  report 
from  the  law-officers  of  the  Crown,1  stating  that  there  is  at  present  no 
evidence  whatever  to  justify  the  seizure  or  detention  of  that  vessel  as 
having  been  equipped  or  fitted  out  in  violation  of  the  foreign  enlistment 
act. 

I  am,  &c, 

(Signed)  A.  H.  LAYAED. 


No.  22. 
Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  June  18,  1864.    (Eeceived  June  20.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  the  copy  of 
a  letter  addressed  to  me  by  Mr.  Morse,  the  consul  of  the  United  States 
for  this  port,  relating  to  the  case  of  the  steamer  Hawk. 

The  observations  made  by  Mr.  Morse  appears  to  me  to  apply  with 
equal  force  to  the  Alexandra,  which  Mr.  Dudley,  the  consul  at  Liver- 
pool, informs  me  to  be  in  preparation  for  similar  purposes. 

I  am  instructed  by  my  Government  to  represent  to  your  lordship  that 
the  fact  that  the  parties  engaged  in  these  enterprises  succeed  in  dis- 
guising their  operations  to  escape  detection,  so  far  as  is  necessary  to 
evade  the  laws  of  this  kingdom  designed  to  prevent  them,  does  not 
appear  in  any  way  to  diminish  the  very  grave  nature  of  the  iujury  com- 
mitted against  an  innocent  and  friendly  nation.     The  practical  conse- 
quence, if  not  guarded  against,  is  not  unlikely  to  become  the  establish- 
ment of  a  system  of  warfare  on  the  ocean  carried  on  from  every 
[554]    maritime  country,  *  without  regard  to  international  obligations 
and  without  responsibility.    I  need  scarcely  to  point  out  to  your 
lordship  that  under  such  practices  those  nations  which  have  the  most 
extended  commerce  are  subject  to  the  severest  injuries.    I  am  directed 
to  say  that  the  United  States  are  not  less  earnest  on  this  subject  now 
than  when  they  last  year  remonstrated  against  the  outfit  of  the  vessels, 
some  of  which  have  since  been  diverted  from  their  original  destination. 
I  pray,  &c, 
(Signed)  CHAELES  FEANCIS  ADAMS. 


[In closure  in  Ko.  22.] 

Mr.  Morse  to  Mr.  Adams. 

United  States  Consulate, 

London,  June  15,  1864. 
Sir:  During  an  interview  with  you  quite  early  last  spring  I  called  your  attention  to 
the  steamer  Hawk,  then  just  launched  at  Renfrew,  on  the  Clyde.    About  the  same  time  I 

1  No.  17. 


632  TREATY   OF   WASHINGTON. 

also  communicated  to  our  consuls  at  Glasgow  and  Liverpool  all  the  information  that 
had  reached  me  in  regard  to  her.  But  as  she  recently  came  into  this  port,  and  will 
soon  in  some  capacity  go  into  active  service  for  the  so-called  Confederate  States,  I 
think  it  proper  that  I  should  again  ask  your  attention  to  her  and  lay  before  you  such 
reliable  facts  as  have  come  to  my  knowledge  concerning  her,  notwithstanding  your 
recent  correspondence  with  the  British  government  in  regard  to  her.  Owing  to  the 
extreme  prudence  and  reticence  of  those  who  direct  and  execute  rebel  operations  in 
this  country,  and  the  skill  in  evading  the  laws  which  three  years'  experience  has 
taught  them,  I  have  found  it  quite  impossible  to  procure  such  legal  evidence  as  is  here 
required  for  her  detention  and  condemnation.  But  all  the  facts  I  propose  to  state  I 
am  confident  are  substantially  correct  and  reliable. 

The  Hawk  is  a  new  and  strongly-built  iron  screw-steamer  of  about  800  tons  burden, 
and  was  built  by  Messrs.  Henderson,  Colburn  &  Co.,  of  Renfrew,  on  the  Clyde.  She  was 
examined  while  on  the  stocks  by  Captain  Bullock,  of  the  so-called  confederate  navy, 
and  then  purchased  by  Thomas  Sterling  Begbie,  of  London,  as  I  have  not  the  slightest 
doubt,  either  for  the  so-called  Confederate  States  or  for  certain  citizens  thereof.  When 
purchased  her  deck  was  laid  and  her  accommodations  arranged  for  the  usual  number 
of  officers  and  men  carried  by  steamers  of  her  class  in  the  merchant-service.  Imme- 
diately after  she  was  purchased  by  Mr.  Begbie  her  arrangements  for  the  accommoda- 
tions of  officers  and  men  were  entirely  changed,  and  made  to  conform  to  those  of  a 
regular  man-of-war.  This  enlarged  accommodation  for  commissioned  and  warrant 
officers,  seamen,  and  others  takes  up  so  much  space  in  the  vessel  as  to  largely  diminish 
her  capacity  for  cargo.  After  she  was  launched  side-passages  were  made  under  deck 
on  each  side,  connecting  the  forward  with  the  after-part  of  the  ship.  These  passages 
were  formed  by  running  an  iron  floor  from  the  lower  forward  deck  through  the  coal- 
bunkers  and  engine-room  to  the  after-deck  or  cabin  floor  of  these  passages,  which  is 
supported  by  strong  iron  braces,  and  then  an  iron  bulk-head  run  from  its  inner  edge  up 
to  the  deck,  thus  making  a  closed-in  passage-way  on  each  side  of  the  ship  about- 4 
feet  wide  and,  say,  7  feet  high,  running  fore  and  aft,  through  coal-bunkers,  engine, 
and  fire  rooms.  If  the  Hawk  were  intended  for  a  mere  trading-vessel,  for  what  is 
such  an  arrangement  intended?  It  is  hardly  to  be  supposed  that  so  much  space  would 
be  given  on  each  side  of  the  ship  merely  to  form  a  new  mode  of  communication 
between  the  fore  and  after  part  of  the  vessel.  Is  it  not  more  reasonable  to  suppose 
that  these  side  passages  or  spaces  are  to  be  used  as  depositories  of  coal,  cotton,  or  other 
substances  for  the  protection  of  engines  and  boilers  against  cannon-shot;  and,  if  so,  is 
it  not  clearly  equipment  for  war  purposes  ? 

Her  deck  was  laid  of  3-£  inches  deck-plank,  the  usual  thickness  for-  vessels  the  size 
of  the  Hawk,  and  abundantly  thick  for  any  vessel  of  her  class,  if  intended  for  any 
branch  of  mercantile  trade.  After  she  was  sold  another  3^-inch  covering  was  laid, 
over  the  first  deck,  making  her  deck,  when  completed,  7  inches  thick.  As  this  second 
covering  of  deck-plank  was  entirely  useless  for  any  mercantile  purpose,  was  it  not  put 
on  to  stiffen  the  upper  part  of  the  ship  and  deaden  the  shock  she  might  receive  from 
the  recoil  of  guns  when  discharged  from  her  deck  ? 

These  alterations  and  her  equipment  and  fittings  were  done  by  the  direction  of 
Captain  Bullock,  of  the  so-called  confederate  navy.  This  Captain  Bullock 
[555]  *visited  her  several  times  while  in  the  process  of  completion,  and  once  in  com- 
pany with  Mr.  Henderson,  the  builder;  Smith,  acting  purser;  and  Captain 
Holmes,  the  acting  agent  of  Begbie,  in  fitting  and  equipping  vessels  for  sea,  made  a 
thorough  examination  of  her,  and  directed  various  alterations  to  be  made,  which  were 
made  by  the  builders,  Messrs.  Henderson  &  Co.  Captain  Bullock  was  undoubtedly  the 
chief  superintendent  and  director  in  the  purchase  and  fitting  out  of  the  Hawk,  Holmes 
and  Smith  both  looking  to  him  for  instructions;  and  yet  she  stands  registered  in  Mr. 
Begbie's  name,  he  being  put  forward  as  the  pretended  owner  to  give  her  protection 
until  she  can  be  placed  safeiy  in  confederate  hands. 

The  Hawk  left  Renfrew  for  London  April  16,  1864.  She  touched  at  Greenock  and 
took  in  a  few  men,  and  then  came  toward  London.  After  a  passage  of  three  days, 
during  which  she  made  about  10£  knots  x>er  hour,  she  arrived  near  the  mou#i  of  the 
Thames,  where  she  remained  in  some  obscure  place  about  three  weeks.  Why  she  was 
detained  there  so  long,  whether  to  complete  her  equipment  and  fitting,  or  merely  de- 
tained for  orders,  I  am  at  present  unable  to  inform  you.  She  next  came  up  to  Gray's 
Thurrock,  a  short  distance  this  side  of  Gravesend,  and  from  thence  into  Victoria  dock, 
London,  where  she  remained  at  anchor,  unconnected  with  the  shore  except  by  row- 
boats,  until  June  13,  when  she  was  taken  out  in  great  haste  and  brought  to  an 
anchor  off  Woolwich.  While  she  lay  in  the  Thames  and  London  docks  no  person  was 
allowed  to  go  on  board  without  permission  from  her  first  officer,  who  is  a  Lieutenant 
Knox,  of  the  so-called  confederate  navy. 

The  only  boatman  in  attendance  to  take  off  persons  who  wished  to  go  on  board 
appears  to  have  been  carefully  instructed  in  his  duty,  and  to  have  performed  it  satis- 
factorily to  his  employers.  He  first  asked  the  name  of  the  visitor,  where  he  belonged, 
the  nature  of  his  business  with  the  steamer,  why  he  wished  to  go  on  board,  &c.    He 


BRITISH    CASE    AND   PAPERS.  633 

would  then  go  off  to  the  vessel  and  report  the  case  to  Lieutenant  Knox,  and  receive  his 
instructions  whether  to  take  the  person  on  board  or  not.  This  Lieutenant  Knox  was, 
I  understand,  first  officer  in  the  rebel  steamer  Eugenie,  when  she  was  driven  on  shore, 
and  captain  of  the  Robert  E.  Lee,  when  she  was  captured.  Both  of  these  steamers 
belonged  to  the  insurgents  or  their  government.  Lieutenant  Knox  made  application 
for  an  examination,  and  I  think  was  examined,  for  a  captaincy  in  the  British  mercan- 
tile service,  so  that  he  might  act  as  master  in  taking  out  from  English  ports  confeder- 
ate steamers ;  but  failing,  if  he  appeared  for  examination,  to  obtain  a  commission  as 
captain  in  the  British  merchant  service,  he  has  gone  first  officer  on  the  Hawk,  with 
the  understanding,  it  is  said,  that  he  shall  command  her  when  she  leaves  Bermuda. 

She  took  on  board,  in  this  port,  some  bar-iron  and  a  quantity  of  deal  cases,  the  con- 
tents of  which  we  were  unable  to  learn.  When  she  came  into  dock  here  she  had  two 
or  three  British  custom-house  officers  on  board.  She  had  probably  been  under  the 
observation  of  such  officers  since  leaving  the  Clyde.  This  scrutiny  over  her  move- 
ments was  no  doubt  one  of  the  consequences  of  your  correspondence  with  the  British 
government  in  regard  to  her.  It  is  not  to  be  presumed  that  while  here,  under  the 
observation  of  government  officers,  that  they  would  suffer  anything  to  be  done  which 
is  here  considered  in  violation  of  the  foreign  enlistment  act  or  the  Queen's  proclama- 
tion. Although  many  circumstances  connected  with  her  show  that  she  is  to  be  a  con- 
federate belligerent  ship,  yet  while  in  this  port,  and  passing  through  the  formalities 
necessary  to  be  observed  on  going  to  sea,  those  who  controlled  her  were  careful  to  keep 
within  the  letter  of  the  law,  though  it  is  probable  that  they  succeeded  in  disguising 
her  true  character.  She  has  an  English  register,  in  which  Thomas  Sterling  Begbie,  a 
London  merchant,  is  named  as  sole  owner.  Her  crew  was  shipped  at  the  Sailors' 
Home  in  this  city,  a  government  shipping-office.  They  shipped  for  the  run  out,  re- 
ceived one  month's  advance  wages,  with  a  promise  of  two  months'  wages  in  addition 
on  arriving  out.  She  cleared  under  the  protection  of  English  papers  and  the  English 
flag,  and  is  bound,  it  is  given  out,  for  Bermuda,  an  English  island. 

From  the  fact  that  she  was  purchased,  equipped,  and  fitted  under  the  directions  of 
Captain  Bullock;  that  after  the  purchase  she  was  changed  so  as  to  accommodate  ward- 
room officers  aft,  and  warrant-officers  and  over  100  men  forward  of  the  engines ;  that 
she  was  greatly  stiffened  in  the  upper  deck,  to  enable  her  to  bear  the  recoil  of  guns 
when  discharged  ;  that  arrangements  have  been  made  for  protecting  her  engines  and 
boilers  against  shot ;  that  the  greatest  secrecy  and  caution  were  observed  in  regard  to 
her  while  in  this  port;  and  that  a  lieutenant  in  the  rebel  navy  is  acting  as 
[556]  her  first  officer,  and  from  many  other  facts  and  circumstances  *  known  to  me,  I 
am  satisfied  that  she  belongs  to  the  so-called  confederate  government,  and  that 
said  government  intends  to  use  her  for  purposes  of  war,  or  for  committing  depreda- 
tions against  the  commerce  of  the  United  States. 

There  is  a  possibility  that  she  may  go  to  some  continental  port  to  receive  her  arma- 
ment and  men,  or  take  them  in  at  sea ;  but  should  she  go  to  Bermuda,  in  conformity 
with  her  clearance  from  this  port,  permit  me  to  suggest  the  propriety  of  requesting  the 
British  government  to  give  her  some  attention  on  her  arrival  out. 
I  remain,  &c, 
(Signed)  F.  H.  MORSE,  Consul. 


No.  23. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  June  20, 1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  18th  instant,  and  its  inclosure,  respecting  the  Hawk,  and  I  have  the 
honor  to  state  to  you  that  Her  Majesty's  government  will  cause  further 
inquiries  to  be  made  with  respect  to  this  vessel. 
I  am,  &c, 
(Signed)  EUSSELL. 


634  TREATY    OF   WASHINGTON. 

No.  24. 

Mr.  Hammond  to  Mr.  Hamilton.1 

Foreign  Office,  June  20, 1864. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  a  copy  of  a 
letter  from  the  United  States  minister  of  this  court,  inclosing  a  copy  of 
a  letter  addressed  to  him  by  the  United  States  consul  in  London,2  re- 
specting the  Hawk,  a  vessel  which,  in  April  last,  formed  the  subject  of 
correspondence  between  this  department  and  the  treasury  ;  and  I  am  to 
request  that  you  will  move  the  lords  commissioners  of  Her  Majesty's 
treasury  to  give  directions  that  immediate  inquiries  may  be  made  in 
the  matter,  and  such  steps  taken  as  the  result  of  those  inquiries  may 
appear  to  call  for,  to  prevent  any  infringement  of  the  law. 

I  am  to  add  that  Lord  Eussell  has  caused  a  letter  to  the  above  effect 
to  be  addressed  to  the  home  office. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  25. 
Mr,  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall.  June  29,  1864.    (Eeceived  June  29.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  acquaint  you 
that,  on  the  receipt  of  your  letter  of  the  20th  instant,  the  commissioner 
of  police  was  instructed  to  make  further  inquiry  respecting  the  vessel 
named  the  Hawk  ;  and  I  am  to  transmit  to  you,  for  the  information  of 
Earl  Eussell,  the  inclosed  copy  of  a  report  made  to  Sir  Eichard  Mayne, 
which  contains  the  result  of  the  inquiry. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 

[557]  *  [In  closure  in  No.  25.] 

Police  report. 

Thames  Division,  Metropolitan  Police, 

June  27,  1864. 

I  beg  to  report,  for  the  information  of  Sir  Richard  Mayne,  from  careful  inquiries  I 
have  made,  (assisted  by  Inspector  Clark,)  it  appears  that  the  Hawk,  J.  Cobbe  or  Cobby, 
commander,  shipped  a  crew  at  the  shipping-office,  Hanmet  street,  Minories  ;  left  the 
Victoria  docks  on  the  13th  instant,  brought  up  off  Gravesend  ;  remained  there  till  the 
next  day,  and  then  proceeded  to  sea.  The  crew  received  advance  notes  for  the  run  to 
Bermuda,  payable  by  Mr.  F.  S.  Begbie,  ship-owuer  and  merchant,  of  4  Mansion  House 
Place,  city.  On  leaving  this  port  she  had  on  hand  a  large  quantity  of  bar-iron  and 
cases  supposed  to  contain  machinery,  which  the  mate  was  heard  to  say  were  to  be 
landed  at  Wilmington,  in  the  Southern  States  of  America,  and  the  vessel  was  then  to 
proceed  to  Bermuda,  but  for  what  purpose  was  not  stated. 

The  general  opinion  of  persons  concerned  with  shipping,  who  noticed  this  vessel's 
movements,  is  that  she  was  intended  to  run  the  blockade,  but  such  great  caution  and 
secrecy  appear  to  have  been  observed  by  those  having  the  management  of  her  affairs 

1  A  similar  letter  was  addressed  to  the  home  oflice.  2.No.  22. 


BRITISH    CASE    AND    PAPERS.  635 

that  I  am  unable  to  glean  any  reliable  information  as  to  her  ultimate  object  or  desti- 
nation, and  the  only  course  I  can  recommend  is  that  suggested  by  the  United  States 
consul,  viz,  on  her  arrival  at  Bermuda,  have  her  kept  under  observation. 

(Signed)  T.  E.  EVANS,  Superintendent. 


No.  26. 
Mr.  Hammond  to  Sir  F.  Rogers. 

Foreign  Office,  June  30, 1864. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  to  be  laid  be- 
fore the  lords  commissioners  of  Her  Majesty's  treasury,  the  accompany- 
ing copy  of  a  letter  from  the  home  office  respecting  a  vessel  called  the 
Hawk,1'  which  has  recently  sailed  from  Gravesend  for  Bermuda,  and 
which  has  been  suspected  of  being  intended  for  the  service  of  the  so- 
styled  Confederate  States. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  27. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  July  4,  1864. 

&ir :  With  reference  to  my  note  of  the  20th  ultimo,  I  have  the  honor 
to  inform  you  that  it  appears  from  further  inquiries  which  have  been 
made  by  the  board  of  customs  with  respect  to  the  Hawk,  that  that 
vessel  left  the  Victoria  docks  on  the  13th  ultimo,  and  is  stated  to  have 
passed  Gravesend  on  the  following  day,  having  cleared  for  Bermuda. 

The  commissioners  of  customs  report  that  the  cargo  of  the  Hawk  con- 
sisted of  iron,  iron  bar,  bar-steel,  and  divers  articles  of  merchandise  ; 
that  some  of  the  packages  were  examined  by  their  officers,  but  that 
nothing  of  a  suspicious  nature  was  found  therein.  The  commissioners 
add  that  they  are  informed  that  their  officers  had  no  difficulty  in  going 
over  every  part  of  the  ship,  and  that  in  so  doing  they  saw  nothing  to 
arouse  any  suspicion  of  the  vessel ;  that  she  appeared  to  be  a  very  fast 
merchant-ship,  and  that  the  general  opinion  seems  to  have  been  that 
she  was  not  fitted  for  war  purposes,  her  iron  plates  being  so  thin  and 
light. 

I  am,  &c, 

(Signed)  '  RUSSELL. 


[558]  *No.  28. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street, 
July  22,  1864.     (Received  July  25.) 
Sir  :  I  am  directed  by  Mr.  Secretary  Card  well  to  acknowledge  the 
receipt  of  your  letter  of  the  30th  ultimo,  respecting  a  vessel  named  the 
Hawk,  which  has  recently  sailed  from  Gravesend  for  Bermuda. 

i  No.  25. 


636  TREATY    OF   WASHINGTON. 

I  am  desired  to  acquaint  you,  for  the  information  of  Earl  Russell,  that 
nothing  appears  to  Mr.  Card  well  to  be  disclosed  in  these  papers  which 
points  to  any  warlike  enterprise  on  the  part  of  the  Hawk,  or  which 
would  justify  any  interference  on  the  part  of  the  colonial  authorities. 

I  am,  &c, 

(Signed)  FREDERICK  ROGERS. 


No.  29. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  January  14,  1865.     (Received  January  14 — 4.50  p.  m.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  the  copy 
of  a  letter  received  from  the  consul  of  the  TJnited  States  at  this  place, 
furnishing  information  of  certain  proceedings  believed  to  be  conducted 
in  violation  of  the  neutrality  of  this  kingdom. 
I  prav,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  in  No.  29.] 
Mr  Morse  to  Mr.  Adams. 

United  States  Consulate, 

London,  January  10,  1865. 

Sir  :  On  the  15th  day  of  June,  1864, 1  addressed  to  you  a  letter  containing  a  detailed 
statement  of  the  purchase  and  equipment  of  the  British  screw-steamer  Hawk,  as  I  be- 
lieved, for  a  rebel  privateer.  For  all  particulars  in  reference  to  the  fitting,  equipment, 
&c,  of  this  vessel,  permit  me  to  refer  you  to  that  letter,  all  the  statements  of  which  I 
still  believe  to  be  entirely  correct.  I  may  add  that  one  of  the  builders,  I  have  learned, 
stated  while  in  London,  near  the  time  the  Hawk  left,  that  he  had  been  obliged  to  give 
a  guarantee  that  she  should  not  go  into  the  possession  of  the  confederates  to  be  used 
as  a  belligerent  ship. 

I  have  no  means  of  verifying  this  statement,  or,  if  true,  how  long  a  time  the  guar- 
antee was  to  extend  over. 

Tile  Hawk  left  $&z  Bermuda  on  the  13th  of  June  last,  with  Lieutenant  Knox,  of  the 
rebel  navy,  as  chief  officer,  and  a  Mr.  Archer,  of  said  navy,  as  the  real  engineer  in  chief, 
though  a  Mr.  C.  Hoskins,  of  12  York  Stceet  East,  Stepney,  was  nominally  so.  The 
Hawk  staid  at  Bermuda  between  five  and  six  months  entirely  idle,  and  some  three 
week  s  ago  returned  to  Liverpool,  and  about  a  week  ago  to  the  port  of  London. 

Mr*  Archer,  a  chief  engineer  in  the  rebel  service,  who  went  out  in  her  in  June  last 
to  Bermuda,  remained  on  board  or  attached  to  her  all  the  time  she  lay  doing  nothing 
in  port,  which  was  nearly  six  months,  and  returned  in  her  to  Liverpool. 

This  vessel  was  undoubtedly  fitted  and  intended  for  a  privateer,  but  what  kept  her 
so  long  lying  idly  at  Bermuda  I  know  not,  unless  it  be  true  that  her  builders  or  owners 
were  under  bonds  not  to  let  her  pass  into  belligerent  hands.  I  have  been  informed  on 
authority  which,  in  such  matters,  has  rarely  erred,  that  she  will  yet  go  out  as  a  priva- 
teer, and  that  very  soon,  too.  It  is  now  said  she  will  be  sold,  and  go  out  in  some  way 
at  once,  but  she  stands  to-day  registered  in  the  name  of  Thomas  Stirling  Begbie,  and 
was  mortgaged  on  the  12th  of  December  last,  to  Mr.  William  Boyle.  Bartholomew 
Road,  Kentish  Town,  for  £20,000.  I  think  the  attention  of  the  British  government 
should  be  again  called  to  her.  I  learn  from  authority  I  consider  entirely  reliable,  that 
the  rebel  officers  in  this  country  expect  to  get  two  privateers  out  of  this  country  before 

the  close  of  February. 

[559]     *Captain  Bullock,  Lieutenant  Carter,  and  Davidson  are  now  in  London,  it  is 

supposed,  in  connection  with  them.    Another  strangely  susificious,  if  not  entirely 

confirmatory  circumstance,  is  that  there  are  now  in  London  forty-seven  men,  under 

the  care  of  a  boarding-house  keeper  by  the  name  of  Captain  Earley,  who  expect  to 


BEITISH    CASE    AND    PAPERS.  637 

leave,  perhaps  to-morrow,  to  meet  a  rebel  privateer  somewhere,  they  do  not  know 
where.  These  men  are  mostly  English,  and  came,  many  of  them,  from  the  pirate 
Florida,  and  from  the  Rappahannock,  still  at  Calais,  and  used  as  a  receiving-ship. 
They  have  received  orders  for  £10  bounty  each,  which  they  expect  to  get  this  morn- 
ing, and  I  may  know  to-morrow  who  pays  it.  These  men  do  not  hesitate  to  say  to 
those  whom  they  think  they  can  trust  that  they  are  positively  engaged  for  a  privateer, 
and  the  fact  that  most  of  them  have  served  in  rebel  privateers,  and  the  strong  desire 
they  express  of  again  getting  at  the  work  of  plundering  American  ships  on  account 
of  the  plunder  they  were  allowed  to  appropriate  to  their  own  use,  certainly  gives 
strength  to  these  declarations. 

The  side-wheel  steamer  City  of  Richmond,  which  left  this  port  this  afternoon,  or 
rather,  the  dock,  has  created  some  suspicion,  principally  on  account  of  her  sale  "to 
foreigners,"  and  her  retransfer  to  Edward  Lester  Goulbourne,  of  Tremane,  county  of 
Chester.  This  steamer  was  built  at  Cubitt  Town  for  the  Great  Eastern  Railway  Com- 
pany, and  was  completed  in  June  last.  She  is  614  tons  gross,  and  was  transferred 
entire  to  the  above  Goulbourne  on  the  24th  of  December  last,  only  two  days  after  her 
sale  to  foreigners.  Her  crew  were  shipped  regularly  at  the  Sailors'  Home.  I  under- 
stand she  has  not  much  cargo  on  board,  but  a  large  amount  of  stores.  Her  master's 
name  is  William  Scott.  What  I  fear  is,  that  she  will  be  used  as  a  supply.ship  to  some 
privateer,  and  will  be  detained  down  the  river  to  receive  the  privateersmen  who  are 
kept  here  to  be  sent  to  their  ship. 

Edward  Lester,  or  Liston,  Goulbourne  holds  the  whole  of  the  steamer  Rattlesnake, 
as  well  as  the  City  of  Richmond,  in  his  own  name,  and  appears  to  be  a  person  used  by 
the  confederates  to  cover  steamers  actually  owned  by  them.  The  City  of  Richmond 
was  called  Avalon  while  owned  by  the  railway  company,  and  her  name  was  changed 
when  she  was  sold  "  to  foreigners  "  on  the  22d  of  December,  1864. 

In  hope  of  learning  to-day  where  the  privateersmen  would  be  put,  I  thought  it 
expedient  to  keep  this  paper  open  until  this  morning  for  this  purpose.  I  am  now  able 
to  say  that  about  noon  to-day  the  men  were  sent  by  railroad  to  Greenhithe,  and  were 
put  on  board  the  steamer  City  of  Richmond.  This  vessel  cleared  for  Bermuda  ;  and, 
as  there  was  not  yesterday,  the  day  she  sailed,  any  authority  indorsed  on  her  register, 
authorizing  the  captain  to  sell  her,  and  as  she  then  stood  registered  in  the  name  of  E. 
L.  Goulbourne,  I  think  the  probabilities  are  that  she  is  taking  men  and  stores,  possibly 
munitions  of  war  also,  to  some  privateer.  The  orders  given  to  the  men  for  £10  each 
were  drawn  by  Richard  W.  Curtis,  understood  to  be  a  person  in  the  rebel  naval  serv- 
ice, and  were  drawn  on  H.  P.  Maples,  No.  4  Arthur  street  East,  London  Bridge,  and 
are  dated  London,  January  9,  1865.  An  attested  copy  of  one  of  the  orders  drawn  in 
favor  of  William  Young  is  hereunto  annexed. 
Yours,  &c, 
(Signed)  F.  H.  MORSE,  Consul 

London,  January  9,  1865. 
(Stamp.) 

Mr.  H.  P.  Maples,  4  Arthur  street  East,  London  Bridge  : 
Please  pay  William  Young  on  order  £10. 
£10  0  0 

(Signed)  RICHARD  W.  CURTIS. 

Consulate  United  States  op  America,  London. 
The  above  is  a  true  copy  of  the  original  order  in  the  hands  of  William  Young,  fire- 
man, late  of  the  Florida. 

(Signed)  JOSHUA  MINN. 


[560]  *No.  30. 

Mr.  Hammond  to  Mr.  Waddington. 

[Immediate.] 

Foreign  Office,  January  15, 1865. 
Sir  :  I  am  directed  by  Earl  Bussell  to  transmit  to  you  herewith 
copies  of  two  letters  and  their  inclosures,  received  from  Mr.  Adams,1 

1  No.  29  and  No.  1  of  papers  relating  to  the  City  of  Richmond. 


638  TREATY    OF   WASHINGTON. 

respecting  some  alleged  enlistments  for  the  service  of  the  Confederate 
States ;  and  I  am  to  request  that,  in  laying  these  letters  before  Secre- 
tary Sir  George  Grey,  you  will  movre  him  to  cause  inquiry  to  be  made, 
and  any  measures  to  be  taken  which  circumstances  may  appear  to 
require,  and  which  may  be  in  accordance  with  the  law. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  31. 
Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  January  16,  1865.  (Eeceived  January  16.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  acknowledge  the 
receipt  of  your  letter  of  the  15th  instant,  transmitting  copies  of  two  let- 
ters and  their  inclosures  from  the  United  States  minister  at  this  court, 
respecting  some  alleged  enlistments  for  the  service  of  the  Confederate 
States }  and  I  am  to  state,  for  the  information  of  Earl  Eussell,  that  as 
to  the  Hawk,  the  mayor  of  Liverpool  will  be  requested  to  make  in- 
quiries. As  to  the  City  of  Richmond,  there  appears  to  be  at  present 
no  evidence  of  the  destination  and  the  intentions  of  her  commander 
which  could  be  submitted  to  the  law-officers  for  their  opinions  as  to  the 
legality  of  her  detention.  The  mayor  of  Falmouth  will  be  written  to, 
to  make  inquiries  if  the  City  of  Richmond  should  touch  at  this  port. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 

P.  S. — Sir  Richard  Mayne  will  also  be  directed  to  obtain  information 
as  far  as  he  is  able,  as  to  both  these  vessels. 


No.  32. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  16, 1865. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letters  of 
the  14th  instant,  inclosing  copies  of  two  letters,  dated  respectively  the 
10th  and  14th  of  this  month,  which  have  been  addressed  to  you  by  the 
United  States  consul  in  London. 
I  am,  &c, 
(Signed)  RUSSELL. 


No.  33. 
Mr.  Baring  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  January  19, 1865.     (Received  January  19.) 
Sir  :  With  reference  to  your  letter  of  the  15th  instant,  and  Mr.  Wad- 
dington's  reply  of  the  16th,  I  am  directed  by  Secretary  Sir  George 


BRITISH    CASE    AND    PAPEES.  639 

Grey  to  transmit  to  you,  for  the  information  of  Earl  Eussell,  the  inclosed 
copy  of  a  report  by  the  head  constable  of  Liverpool,  of  the  result  of 
his  inquiry  as  to  the  screw-steamer  Hawk. 

I  am,  &c, 

(Signed)  T.  G.  BAKING. 


J561]  *[Inclosure  in  ~No.  33.] 

Police  report. 

Liverpool  Constabulary  Force,  Central  Police  Office, 

Janunry  18,  1,865. 

The  head  constable  has  the  honor  to  report,  for  the  information  of  his  worship  the 
mayor,  relative  to  a  communication  received  from  the  home  office,  dated  Whitehall, 
16th  January,  1865,  directing  that  inquiries  he  made  as  to  the  proceedings  of  the  screw- 
steamer  Hawk,  which,  it  is  alleged,  after  a  protracted  stay  at  Bermuda,  returned  to 
England,  and  remained,  for  some  time  in  this  port ;  that  he  gave  instructions  to  an 
experienced  detective  constable  to  make  the  necessary  inquiries,  who  stated  as  fol- 
lows : 

The  Hawk  made  her  first  passage  from  the  Clyde  to  London,  in  April,  1864,  from 
whence  she  sailed  for  Nassau,  or  some  other  port  in  the  West  Indies.  On  the  18th  De- 
cember last  she  arrived  here  from  Bermuda,  her  crew  numbering  fifty-six  men,  with  a 
cargo  of  one  hundred  and  forty  bales  of  cotton,  and  some  other  articles,  which  were 
consigned  to  Messrs.  Beech,  Root  &  Co.,  No.  2  Old  Hall  street.  As  soon  as  her  cargo 
had  been  discharged  in  the  Stanley  warehouses,  she  was  hauled  into  the  Victoria  dock, 
where  she  was  reladen  with  white  resin  in  bags,  and  oak  staves,  said  to  have 
been  sent  by  Messrs.  G.  H.  Fletcher  &  Co.,  the  Albany  Buildings,  Old  Hall  street,  or 
Messrs.  Pennington,  Hough  &  Co.,  of  Brunswick  street.  She  sailed  from  Liverpool 
for  London  on  the  24th  December  last,  and  on  her  passage  came  in  collision  with  a 
vessel  named  the  Venus,  Captain  Cobley.  Her  captain  has  been  in  command  of  her 
ever  since  she  has  been  launched,  but  neither  he  nor  any  of  the  three  firms  already 
named  are,  so  far  as  can  be  ascertained,  in  any  way  connected  with  the  confederate 
cause,  except  as  blockade  runners.  Had  the  Hawk  been  intended  fo*r  a  confederate 
cruiser,  it  is  difficult  to  understand  why  she  should  have  returned  here  from  the  West 
Indies  in  the  manner  she  did.  The  following  are  her  dimensions  :  She  was  built  by 
Messrs.  Henderson  &  Goulbourn,  of  Renfrew,  and  is  stated  to  be  of  the  following 
measurement :  530  tons  register  ;  250  horse-power ;  230  feet  long  over  all ;  draws  14 
feet ;  is  constructed  of  iron  plates  f  of  an  inch  thick  ;  screw  fitted  to  lift ;  1  funnel ; 
coal-bunkers,  11  feet  long,  fitted  in  on  each  side  of  her  boilers,  adding  considerably  to 
her  strength ;  has  a  passage  between  decks ;  is  bark-rigged,  and  said  to  be  a  good 

(Signed)  J.  J.  GREY,  Head  Constable. 


No.  34. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January,  27  1865. 

Sir  :  With  reference  to  my  letter  of  the  16th  instant,  1  have  the 
honor  to  inform  you  that  it  does  not  appear  to  Her  Majesty's  govern- 
ment, from  the  information  which  you  have  fnrnished  me,  or  from  such 
information  as  they.have  otherwise  been  able  to  obtain,  respecting  the 
Hawk  and  the  City  of  Richmond,  that  either  of  these  vessels  is  intended 
for  the  war-service  of  the  so-styled  Confederate  States,  still  less  that 
there  has  been  any  illegal  equipment  in  this  country  of  either  vessel. 

With  regard  to  the  men  supposed  to  have  enlisted  into  the  confed- 
erate service,  the  greater  part  of  whom  appear  to  have  already  sailed 
for  Nassau  by  the  City  of  Eichmond,  it  seems,  indeed,  to  be  probable 
that  they  came  together  for  some  purpose  connected  with  the  war- 
service  of  the  Confederate  States.    But  there  is  no  evidence  in  the  posses- 


640  TREATY    OF   WASHINGTON. 

sion  of  Her  Majesty's  government  to  show  either  that  any  particular 
persons  among  them,  being  natural-born  subjects  of  Her  Majesty,  have 
enlisted  in  that  service,  or  have  left  this  country  with  a  view  to  such 
enlistment,  or  that  any  of  them,  whether  natural-born  subjects  of  Her 
Majesty,  or  not,  have  been  induced  to  enlist  in  this  country,  or  to  go 
from  hence  for  the  purpose  of,  enlistment,  by  any  particular  person  or 
persons  now  amenable  to  Her  Majesty's  jurisdiction. 

The  information  which  Her  Majesty's  government  possesses  with 
regard  to  such  of  these  men  as  belonged  to  the  Florida  rather  leads  to 
the  conclusion  that,  when  they  arrived  in  this  country  from  Bahia,  they, 
whether  subjects  of  Her  Majesty  or  not,  were  already  in  the  confederate 
•  service,  and  that  no  new  enlistment  or  engagement  in  this  coun- 
[562]  try  need  be  supposed  in  order  to  account  for  their  coming  *  to- 
gether and  going  out  to  a  port  from  whence  they  may  be  able  to 
proceed  to  the  Confederate  States. 

I  have  further  the  honor  to  state  to  you  that,  when  the  particular 
facts  relative  to  the  engagement  of  the  crew  of  the  Florida  were  under 
the  consideration  of  Her  Majesty's  government  on  the  occasion  of  the 
presence  of  some  of  them  at  Liverpool,  it  was  found  that  they  had  been 
engaged  and  shipped  at  Mobile,  in  the  Confederate  States,  under  cir- 
cumstances which  did  not  seem  to  Her  Majesty's  government  to  justify 
the  expectation  that  they  could  be  successfully  prosecuted  for  any 
offense  against  the  foreign-enlistment  act.  Whether  the  men  now  in 
question  were  part  of  the  same  crew  or  were  enlisted  for  the  Florida 
at  some  other  place,  and  under  different  circumstances,  does  not  at  all 
appear. 

Her  Majesty's  government  are  therefore  of  opinion  that  there  is  not 
at  present  any  such  evidence  before  them  of  a  violation  of  the  foreign- 
enlistment  act,  either  by  the  equipment  or  fitting  out  of  the  ships 
Hawk  and  City  of  Eichmond,  or  either  of  them,  or  by  the  enlistment  or 
procurement  of  men  in  this  country  for  the  confederate  war-service  as 
would  justify  them  in  taking  any  legal  steps  in  the  matter. 
I  am,  &c, 
(Signed)  BUSSELL. 


[563] 


AMPHION 


H.  Ex.  282,  vol.  ii 41 


[564 


TABLE  OF  CONTENTS. 


I 

Prom  whom  and  to  whom. 

Date. 

Subject. 

&  ° 

11 

Page. 

Page. 

1 

Admiralty  to  foreign  office... 

Dec.    4, 1863 

Letter  from  Messrs.  "Williams  &  Co., 
denying  that  they  intended  to  sell 
the  Amphion   to  the  Confederate 
States. 

565 

645 

2 

Foreign  office  to  home  office.. 

Jan.  13,1864 

Suspicion  exists  that  the  Amphion 
may  be  sold  to  the  confederates.  To 
make  inquiries. 

565 

645 

3 

Home  office  to  foreign  office. . . 

Jan.  18,1864 

Inquiries  will  be  made  at  once.  ...... 

Report  of  police.    The  Amphion  is 
dismantled.    No  signs  of  her  being 
fitted  out.    It  is  believed  that  she 

566 

646 

4 

do 

Jan.  22,1864 

566 

646 

will  be  used  as  an  emigrant-ship. 
Letter  from  the  United  States  consul 

5 

Mr.  Adams  to  Earl  Eussell. . . 

Mar.  18, 1864 

566 

647 

in   London,    calling    attention    to 
preparations  for  the  departure  of 

the  Amphion. 

6 

Earl  Russell  to  Mr.  Adams 

Mar.  18, 1864 

His  letter  has  been  forwarded  to  the 
home  office.     Result  of  inquiries 
made  in  January. 

567 

647 

7 

Foreign  office  to  home  office. . . 

Mar.  18, 1864 

Forwarding  Mr.  Adams's  note.    For 
immediate  inquiries. 

567 

646 

8 

Home  office  to  foreign  office. . . 

Mar.  21, 1864 

Report  from  police.    The  Amphion  is 
rapidly  fitting  out. 

There  is  at  present  no  case  for  inter- 
ference. 

Further  police  report.    Cannot  learn 
destination  of  the  Amphion. 

568 

648 

9 

Law-officers  to  Earl  Russell... 

Mar.  23, 1864 

568 

649 

10 

Home  office  to  foreign  office. .. 

Mar.  26, 1864 

568 

649 

11 

Earl  Russell  to  Mr.  Adams... 

Mar.  26, 1864 

There  is  no  case  at  present  for  inter- 
ference on  the  part  of  the  govern- 
ment. 

The  Amphion  about   to   leave  the 

569 

650 

12 

Home  office  to  foreign  office. . . 

Mar.  29, 1864 

,,569 

€50 

Victoria   docks.     Her  destination 

said  to  be  Copenhagen. 

13 

Foreign  office  to  admiralty. . .. 

Mar.  31, 1864 

In  what  state  was  the  Amphion  when 
she  was  sold  out  of  the  navy. 

570 

650 

14 

Earl  Russell  to  Mr.  Adams... 

Apr.    2. 1864 

Further  reports  received  from  home 
office ;  but  Her  Majesty's  govern- 
ment are  still  advised  that  there  is 

570 

651 

no  legal  groand  for  interference. 

15 

Admiralty  to  foreign  office 

Apr.    6,1864 

Report  on  the  state  of  the  vessel  when 
she  was  sold.    She  was  always  in- 

570 

651 

efficient. 

16 

Register  of  the  Amphion 

572 

652 

565J  *A  M  P  H  I  0  N  . 


No.  1. 

The  secretary  to  tlie  admiralty  to  Mr.  Hammond. 

[Immediate.] 

Admiralty,  December  4, 1863.  (Received  December  4.) 
Sir  :  With  reference  to  my  letfer  of  this  day's  date, 1 1  am  commanded 
_Cor.  by  my  lords  commissioners  of  the  admiralty  to  transmit  to 
you,  to  be  laid  before  the  secretary  of  state  for  foreign 
affairs,  the  inclosed  copy  of  a  letter,  dated  the  1st  instant,  from  Messrs. 
A.  E.  Williams  &  Co.,  denying  that  they  have  any  intention  of  dispos- 
ing of  the  Amphion  to  the  Confederate  States  of  America,  or  that  they 
have  any  communication  with  the  confederate  government,  directly  or 
indirectly,  for  the  purchase  of  vessels. 
I  am,  &c, 
(Signed)  W.  G.  ROMAIRE. 


Akh 


[Inclosure  in  No.  1.] 

Messrs.  Williams  Sf  Co.  to  W.  G.  Eomaine,  Esq. 

5  Lancaster  Place,  Strand,  London, 

December  1,  i863. 
Sir  :  We  observe  a  letter  in  the  Times,  of  this  day's  date,  which  we  fancy  may  he  in 
some  measure  calculated  to  destroy  any  confidence  the  lords  commissioners  of  the 
admiralty  might  hitherto  have  entertained  in  the  bona  fides  of  our  transactions  with 
them  in  the  purchase  of  vessels.  We  therefore  beg  most  respectfully  to  state  that  we 
have  not  had  any  communication  with  the  confederate  government,  directly  or  indi- 
rectly, for  the  sale  of  vessels,  and  that  the  Amphion  is  to  be  placed  on  a  colonial  sta- 
tion for  mercantile  purposes.  We  would  further  beg  to  state  that  the  valuation  made 
for  us  of  the  Amphion,  by  ships'  valuers  of  high  standing,  (and  whose  names  we  shall 
be  happy  to  furnish  if  you  require  them,)  was  only  £5,000,  or  £1,600  less  than  we  paid 
for  her. 

We  have,  &c, 

(Signed)  ALFRED  E.  WILLIAMS  &  Co. 


No.  2. 

Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  January  13,  1864. 
Sir  :  I  am  directed  by  Earl  Eussell  to  request  that  you  will  state  to 
Secretary  Sir  George  Grey  that  there  seems  reason  to  apprehend  that 
Her  Majesty's  late  ship  Amphion,  which  was  sold  not  long  since  to 

1  See  correspondence  respecting  the  Rappahannock. 


646  TREATY    OF    WASHINGTON. 

Messrs.  A.  E.  Williams  &  Co.,  of  5  Lancaster  Place,  Strand,  and  which 
is  now  fitting  out  by  the  Thames  Ship-Building  Company,  may  have 
been,  or  be  about  to  be,  sold  for  the  confederate  service ;  and  I  am  to 
request  that  you  will  move  Sir  George  Grey  to  cause  such  inquiries  to 
be  made  into  the  matter  as  may  serve  to  ascertain  how  far  the  reports 
to  that  effect,  which  have  reached  Lord  Russell,  are  well  founded  or  not. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[566]  *No.  3. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  January  18, 1864.  (Received  January  18.) 
Sir  :  I  have  laid  before  Secretary  Sir  George  Grey  your  letter  dated 
the  13th  instant,  but  received  at  the  home  office  this  day,  relative  to 
the  supposed  sale  of  Her  Majesty's  late  ship  Amphion,  for  the  service 
of  the  so-styled  Confederate  States ;  and  I  am  to  acquaint  you  that  Sir 
Richard  Mayne  has  been  instructed  to  make  immediate  inquiry  on  the 
subject,  and  his  report  will  be  communicated  to  you  for  the  information 
of  Earl  Russell. 

I  am,  &c, 

(Signed)  H.  WADDINGTOK 


No.  4. 
Air.   Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  January  22,  1864.  (Received  January  23.) 
Sir  :  With  reference  to  my  letter  of  the  18th  instant,  I  am  directed 
by  Secretary  Sir  George  Grey  to  transmit  to  you,  for  the  information 
of  Earl  Russell,  the  inclosed  copy  of  a  letter  from  Sir  Richard  Mayne, 
reporting  the  result  of  the  inquiry  which  has  been  made  respecting  the 
Amphion. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[Inclosure  in  Xo.  4.] 

Sir  R.  Mayne  to  Mr.  Waddington. 

Metropolitan  Police  Office, 

January  20,  1864. 
Sir  :  I  have  to  acknowledge  the  receipt  of  your  letter  of  the  18th  instant,  transmit- 
ing  a  copy  of  a  letter  from  the  foreign  office,  relative  to  the  supposed  sale  of  Her  Ma- 
jesty's late  ship  Amphion  for  the  service  of  the  so-styled  Confederate  States. 

I  have  to  state,  for  the  information  of  Secretary  Sir  George  Grey,  that  it  is  reported 
to  me  by  the  police  by  -whom  I  directed  inquiries  to  be  made,  that  the  ship  Am- 
phion is  lying  in  the  Victoria  docks,  completely  dismantled  and  dismasted.  Twenty 
workmen  were  on  board,  and  there  were  no  signs  of  any  "  fitting  out "  having  com- 


BRITISH    CASE   AND    PAPERS.  647 

menced.    At  present  the  impression  among  the  dock  officials  is,  that  she  is  abont  to  he 
fitted  out  as  an  emigrant-ship. 

I  have  directed  observation  to  be  continued  by  the  Thames  police  to  let  me  know  if 
any  change  takes  place  in  the  state  of  the  Amphion. 

I  am,  &c, 

(Signed)  RICHARD  MAYNE. 


Ko.  5. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  March  18, 1864.  (Received  March  18 — 1  p.  m.) 
My  Lord  :  I  have  the  honor  to  submit  your  consideration  the  copy 
of  a  letter  addressed  to  me  by  Mr.  Morse,  the  consul  of  the  United 
States  at  this  port,  relative  to  another  war- vessel  lately  belonging  to 
Her  Majesty's  government,  which  is  fitting  out  under  suspicious  cir- 
cumstances. 

I  have,  &c, 

(Signed)  CHAELES  FRANCIS  ADAMS. 


1 567]  *[Inclosure  in  "So.  5.] 

Mr.  Morse  to  Mr.  Adams. 

United  States  Consulate, 

London,  March  17,  1864. 
Sir  :  Some  time  since  the  screw-steamer  Amphion,  a  fifty-gun  ship  of  war,  was  sold 
out  of  Her  Majesty's  service,  as  was  supposed,  for  breaking  up.  She  has  recently  had 
some  partial  repairs  made  on  her,  and  temporary  or  jury-masts  put  in  as  though  pre- 
paring for  a  short  voyage.  She  has  had  steam  up  once  or  twice  this  week,  as  if  pre- 
paring to  move  out  of  dock.  Her  fittings  as  a  ship  of  war  are  still  complete,  and  I  am 
informed  that  the  real  owners  or  their  agents  here  intend  to  move  her  to  some  more 
quiet  locality,  where  a  thorough  refitting  will  attract  less  attention. 

She  is  not  registered,  nor  has  there  been  any  notice  given  at  either  the  custom-house 
or  registry-office  of  an  intention  to  register. 

She  is  now  in  the  Victoria  dock,  London,  and  may  leave  at  any  time  when  the  tide 
serves  for  leaving  the  docks.  Permit  me  to  suggest  the  propriety  of  asking  the  at- 
tention of  the  government  here  to  this  ship,  that  there  may  not  be  another  escape,  and 
a  repetition  of  the  Rappahannock  case,  which  I  have  reason  to  fear  is  the  intention  of 
those  controlling  her. 
I  am,  &c, 
(Signed)  •  F.  H.  MORSE,  Consul- 


So.  6. 

Earl  Bussell  to  Mr.  Adams. 

Foreign  Office,  March  18, 1864. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
this  date,  calling  the  attention  of  Her  Majesty's  government  to  the  cir- 
cumstances under  which  the  Amphion,  a  vessel  lately  sold  out  of  Her 
Majesty's  navy,  is  being  fitted  out  for  sea;  and  I  have  the  honor  to  in- 
form you  that  I  have  lost  no  time  in  forwarding  a  copy  of  your  note  to 
the- secretary  of  state  for  the  home  department. 

The  attention  of  Her  Majesty's  government  was  directed  to  this  vessel 


648  TREATY    OF    WASHINGTON. 

in'January  last,  but  it  turned  out  upon  inquiry  that  the  ship  was  lying 
in^the  Yietoria  dock  completely  dismantled  and  dismasted,  with  no  signs 
of  any  fittings  out  for  sea  having  commenced ;  and  the  impression 
among  the  dock  officials  was  that  it  was  intended  to  employ  her  as  an 
emigrant  vessel. 

I  am,  &c, 

(Signed)  KUSSELL. 


No.  7. 

Mr.  Hammond  to  Mr.  Waddington. 

[Immediate.] 

Foreign  Office,  March  18,  1864. 
Sir  :  With  reference  to  your  letter^  of  the  18th  and  22d  of  January, 
relative  to  the  Amphion,  I  am  directed  by  Earl  Eussell  to  transmit  to 
you,  to  be  laid  before  Secretary  Sir  G.  Grey,  a  copy  of  a  note  from 
Mr.  Adams,  inclosing  a  copy  of  a  letter  addressed  to  him  by  the  United 
States  consul  in  London,1  reporting  that  steps  are  being  taken  to  fit  out» 
that  vessel  for  sea  under  suspicious  circumstances ;  and  I  am  to  request 
that  you  will  suggest  to  Sir  G.  Grey  that  further  inquiries  should,  with- 
out loss  of  time,  be  made  in  this  matter. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[5C8J  *No.  8. 

Mr.  Waddington  to  Mr.  Hammond. 

[Immediate.] 

Whitehall,  March  21, 1864.    (Eeceived  March  21 — 4.55  £.  m.) 
Sir  :  With  reference  to  your  letter  of  the  18th  instant,  I  am  directed 
by  Secretary  Sir  George  Gray  to  transmit  to  you,  for  the  information  of 
Earl  Eussell,  the  inclosed  copy  of  a  police  report,  stating  the  result  of 
the  inquiry  which  has  been  made  as  to  the  condition  of  the  ship  Amphion 
at-the  present  time. 
I  am,  &c, 
(Signed)  H.  WADDINGTON. 


fluclosure  in  Tso.  8.] 

Police  report. 

March  19,  1864. 
I  Leg  to  report  that  I  have  bad  observation  continued  on  the  ship  Amphion.  Her 
fitting  out  is  rapidly  progressing  ;  upward  of  twenty  workmen  are  employed  on  board, 
viz,  engineers,  riggers,  and  laborers.  Her  coals  are  on  board;  two  jury-masts  with 
lower  rigging  are  up.  Her  old  fittings  for  war  purposes  have  not  been  removed,  and 
are  such  as  would  not  be  required  for  a  merchant-ship.  Her  general  appearance  war- 
rants the  opinion  that  she  is  about  to  remove  to  some  other  place,  I  have  heard  to 
France,  and  she  is  likely  to  leave  this  port  within  a  week. 
The  owners  .are  said  to  be  Messrs.  Williams  &  Co.,  5  Lancaster  Place,  Strand. 

(Signed)  J.  E.  EVANS,  Superirtienden}. 

xNo.  5. 


BRITISH    CASE    AND     PAPERS.  649 

:no.  9. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Lincoln's  Inn,  March  23, 1864.  (Eeceived  March  23.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  21st  instant,  stating  that  he  was  directed 
by  your  lordship  to  transmit  to  us  the  accompanying  papers  relative  to 
the  Amphion,  a  frigate  sold  last  year  out  of  Her  Majesty's  service,  which 
it  has  been  represented  to  Her  Majesty's  government  is  being  fitted  out 
for  sea  under  suspicious  circumstances;  and  to  request  that  we  would 
take  this  case  into  consideration,  and  favor  your  lordship,  at  our  earliest 
possible  convenience,  with  our  opinion  thereupon. 

In  obedience  to  your  lordship's  commands  we  have  taken  this  matter 
into  our  consideration,  and  have  the  honor  to  report — 

That  no  case  for  interference  seems  to  us  to  be  at  present  mad  *out  in 
this  instance. 

Whatever  may  be  the  nature  of  the  u  fitting  out"  now  going  on,  there 
is  nothing  to  show  that  it  is  in  violation  of  the  foreign  enlistment  act. 
(Signed)  EOUNDELL  PALMEK. 

E.  P.  COLLIEE. 
EOBEET  PHILLIMOEE. 


No.  10. 

Mr.  Waddington  to  Mr.  Hammond. 

(Immediate.) 
• 
Whitehall,  March  26, 1864.    (Eeceived  March  26.) 
Sir:  With  reference  to  your  letter  of  the  18th  instant,  I  am  directed 
by  Secretary  Sir  George  Grey  to  transmit  to  you,  for  the  information  of 
Earl  Eussell,  a  copy  of  a  further  police  report  respecting  the  ship  Am- 
phion. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[569  ]  *[Inclosure  in  No.  10.] 

Further  police  report. 

Thames  Division,  March  26,  1864.  . 
I  respectfully  beg  to  state,  for  the  information  of  the  commissioner,  that  the  Am- 
phion now  has  her  sails  bent,  her*  anchors  and  chains  are  on  board,  and  a  large  quan- 
tity of  coals,  said  to  be  upward  of  400  tons.  I  am  unable  to  learn,  with  any  degree  of 
certainty,  when  she  will  leave  and  where  she  is  bound  to.  From  the  diminutive  size 
of  her  masts,  and  the  general  scantiness  of  her  sails,  rigging,  &c,  she  is  evidently 
about  to  proceed  to  some  other  place  to  fit  out,  but  great  secrecy  appears  to  be  ob- 
served. Rumors  among  the  workmen  are  various  and  not  to  be  relied  on.  The  north 
of  England,  France,  and  Copenhagen  are  respectivelv  named  as  her  destination.  The 
!•»  :or<,  it  is  said,  will  be  shipped  for  the  run  out  only. 

(Signed)  T.  E.  EVANS,  Superintendent. 


650  treaty  of  washington. 

:no.  11. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  March  26, 1864. 
Sir  :  With  reference  to  my  letter  of  the  18th  instant,  I  have  the  honor 
to  state  to  yon  that  it  appears,  from  farther  inquiries  which  Her  Majes- 
ty's government  have  instituted  with  regard  to  the  Amphion,  that  that 
vessel  is  being  actively  fitted  out  for  sea,  but  Her  Majesty's  government 
are  advised  that,  whatever  may  be  the  nature  of  the  fitting  out  now 
going  on,  there  is  nothing  to  show  that  it  is  in  violation  of  the  foreign- 
enlistment  act,  and  that,  under  these  circumstances,  no  case  appears  to 
be  made  out  for  their  interference  with  regard  to  this  vessel. 

I  am,  &c, 

(Signed)  RUSSELL. 

•  ^_ 

Ko.  12. 

Mr.  Waddington  to  Earl  Russell. 

[Immediate.] 

Whitehall,  March  29, 1864.    (Received  March  29.) 
Sir  :  With  reference  to  your  letter  of  the  24th  instant,  and  previous 
correspondence  on  the  subject,  I  am  directed  by  Secretary  Sir  George 
Grey  to  transmit  to  you,  for  the  information  of  Earl  Russell,  the  inclosed 
copy  of  a  police  report  containing  the  latest  intelligence  respecting  the 
ship  Amphion. 
I  am,  &c, 
(Signed)  H.  WADDIXGTOK 

[Inclosure  in  No.  12.] 

Police  report 

Thames  Division,  March  28,  1864. 
The  ship  Amphion  has  got  her  boats'  stores  and  a  crew  of  from  thirty  to  forty  men 
on  board.    Her  steam  is  being  got  up,  and  she  is  expected  to  leave  the  Victoria  docks 
to-morrow  morning's  tide,  about  4  o'clock. 

The  seamen  do  not  appear  to  have  yet  entered  into  any  agreement,  but  expect  to 
sign  articles  on  board  the  ship.    The  only  information  we  can  get  is  that  she  is  bound 
to  Copenhagen,  which  I  think  doubtful. 
The  bearer  is  P.  C.  30,  Marsden,  who  has  been  keeping  observation. 

(Signed)  J.  C.  EVANS,  Superintendent 


[570]  *No.  13. 

Mr.  Layard  to  the  secretary  to  the  admiralty. 

Foreign  Office,  March  31, 1864. 

Sir:  With  reference  to  your  letter  of  the  4th  of  December  last,  and 

to  previous  correspondence  respecting  the  Amphion,  I  am  directed  by 

Earl  Kussell  to  request  that  you  will  move  the  lords  commissioners  of 

the  admiralty  to  state,  for  his  lordship's  information,  in  what  condition 


BRITISH    CASE    AND    PAPEES.  651 

this  vessel  was  when  sold  out  of  the  navy,  both  as  to  keeping  the  sea 
and  as  a  man-of-war. 

1  am,  &c, 

(Signed)  A.  H.  LAYARD. 


JSo.  14. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  2, 1864. 
Sir:  Referring  to  my  letter  of  the  26th  ultimo,  I  have  the  honor  to 
state  to  you  that  Her  Majesty's  government  have  had  before  them 
further  reports,  addressed  to  the  home  department,  respecting  the 
preparations  making  for  sending  the  Amphion  to  sea,  and  the  service 
on  which  it  is  intended  to  employ  her,  and  that  Her  Majesty's  govern- 
ment are  again  advised  that  there  is  no  evidence  tending  to  show  any 
actual  or  contemplated  violation  of  the  foreign-enlistment  act  in  this 
case.* 

I  am,  &c, 

(Signed)  RUSSELL. 


•    :No.  15. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  April  6, 1864.    (Received  April  7.) 
Sir  :  With  reference  to  your  letter  of  the  31st  ultimo,  I  am  commanded 
by  my  lords  commissioners  of  the  admiralty  to  request  you  will  lay  be- 
fore the  secretary  of  state  for  foreign  affairs  the  accompanying  state- 
ment of  the  age,  qualities,  and  stowage  of  the  Amphion,  together  with 
a  copy  of  a  report  as  to  the  state  of  her  hull  and  engines  when  sold;  and 
I  am  to  observe  that  she  was,  when  perfectly  sound,  a  slow  and  ineffi- 
cient man-of-war. 
I  am,  sir, 
(Signed)  W.  G.  ROMAINE. 

[Inclosure  1  in  No.  15.]] 
Statement  of  the  qualities,  age,  fye.,  of  the  Amphion. 

Hull,  1,475  tons;  engines  and  boilers,  300  horse-power.  Age  of  hull,  17  years ;  en- 
gines, 17  years;  boilers,  8  years.  Hull,  when  last  repaired,  completed  repairing  at 
Chatham,  June  17,1859;  engines  and  boilers,  June,  1859.  General  qualities  of  hull: 
Sails  fairly,  but  wears  badly  ;  generally  an  easy  ship ;  hull  showed  great  symptoms  of 
weakness  during  her  last  commission  ;  engines  satisfactory ;  boilers  entirely  unservice- 
able without  further  repair,  and  very  defective.  Speed,  about  7  knots.  Stowage: 
water,  63  tons;  bread,  10f  tons,  equal  to  8  weeks;  provisions,  23£#  tons,  equal  to  13 
weeks  for  340  men ;  coals,  about  210  tons. 

Controller's  Office,  April  5, 18G4. 


[571]  *  [Inclosure  2  in  No.  15.] 

Beport  on  engines,  hollers,  tf-c.,  of  Amphion. 


Steam-Engine  Factory, 

Sheerness  Yard,  April  4,  1864. 


Sir  :  With  reference  to  the  controller's  memorandum  of  the  2d  (instant  ?)  and  your 
inute  of  this  morning  to  report  immediately  in  what  condition  the  Amphion  was  when 


652 


TREATY    OF   WASHINGTON. 


sold  to  Messrs.  Williams,  both  as  to  the  soundness  of  the  hull,  the  state  of  the  engines 
and  boilers,  and  as  to  her  general  qualities  of  speed,  &c,  I  have  the  honor  to  state  that 
the  general  condition  of  the  engines  and  boilers  rendered  it  necessary  for  them  to  un- 
dergo considerable  alteration  and  repair,  as  stated  in  the  report  of  survey  of  the  8th 
January,  1863,  for  which  the  sum  of  £2,018  was  estimated  for  the  repairs  to  machinery 
alone. 

In  August  last,  when  the  survey  was  again  renewed,  it  was  deemed  necessary  to 
remove  the  engine  and  boilers  from  the  ship  to  efficiently  repair  the  hull,  which  would 
then  have  more  than  doubled  the  expenses,  and  the  speed  of  the  ship  being  so  very  lim- 
ited, (under  seven  knots,)  and  the  hull  being  represented  as  considerably  defective,  the 
reserve  price  of  £1,500,  as  the  value  of  old  material,  was  given  as  the  least  which 
should  be  taken  for  them. 

I  am,  &c, 

(Signed)  G.  BLAXLAND,  Chief  Engineer. 


[Inclosure  3  in  ITo.  15.] 
Messrs.  Woods  and  Martin  to  the  captain  superintendent,  Sheerness. 

Sheerness,  April  4,  1864. 

Sir  :  With  reference  to  the  controller  of  the  navy's  order  of  the  2d  instant  and  your 
minute  thereon,  we  beg  to  report  that  the  condition  of  the  hull  of  the  Amphion  when 
sold  to  Messrs.  Williams  was  as  follows,  viz :  , 

Stemson,  rotten. 

Cant-timbers  started  aft,  four  in  number,  and  two  on  port  side  rotten. 

Fourth  futtocks,  five  on  the  port  side  very  defective. 

Post-timbers  on  the  port  side,  six  in  number,  rotten. 

Fifth  futtocks,  two  on  the  starboard  side  rotten. 

Nearly  the  whole  of  the  heels  of  the  timbers  of  the  fore-cant  body  are  defective. 

Stern  and  apron  are  in  a  rotten  state. 

Binding-strake  in  store-room,  three  on  each  side,  rotten. 

Trusses,  two  on  each  side,  rotten. 

Step  to  Toremast  in  bad  condition. 

Shelf,  starboard  side,  one  shift  rotten. 

Iron  sheathing  to  bunkers  in  bad  condition. 

Lower  deck  much  worn. 

Short-stuff  between  ports,  200  feet  rotten. 

Knee  of  head  and  fittings  require  repair. 

Plank  in  wake  of  chain-plates,  two-thirds  rotten,  and  quarter  of  main  wall  rotten. 

Spirketting  on  port  side  forward,  one  shift  rotten. 

The  whole  of  the  work  in  the  bunkers  has  the  appearance  of  new  work,  and  is  quite 
sound. 

The  metal  pivots  and  radius-plates  were  removed  and  returned  into  store  and  the 
magazine  dismantled. 
We  have,  &c, 
(Signed)  W.  WOODS, 

Master  Shipwright. 
T.  MARTIN, 
Assistant  Master  Shipwright. 


[572] 


*No.  16. 

Register  of  the  Ampliion. 


November,  1864. 


Form  No.  19. 

Copy  register  for  transmission  to  chief  registrar  of  shipping. 
Official  number  of  ship,  50,130 ;  name  of  ship,  Amphion. 


u 

8 

lb 

2 

>> 

si 

0 

a 
© 

o 

it 

"C'S 

PM 

* 

n 

430  in  1864. 

London. 

British 

Whether  a  sailing 
or  steam  ship; 
if  steam,  how 
propelled. 


Steam-screw. 


Where  built. 


Woolwich,  county  of  Kent 


1847. 


Number,  date, 
and  port  of  pre- 
vious registry, 
(if  any. ) 


Number  of  decks,  three. 
Number  of  masts,  none. 
Rigged,  none. 
Stern,  elliptic. 


BRITISH    CASE    AND    PAPERS.  653 

Build,  Carvel. 
Gallery,  two. 
Head,  man-bust. 
Frame- work,  wood. 


TONNAGE. 

No.  of  tons. 

Tonnage  under  tonnage-deck .' 1, 289. 18 

Closed-in  spaces  above  the  tonnage-deck,  if  any,  viz : 

Space  or  spaces  between  decks 

Poop 

Round-house 

Other  inclosed  spaces,  if  any,  naming  them 


1, 289. 18 
Deduct  allowance  for  propelling-power 554.  99 


Register  tonnage - 734. 19 


MEASUREMENTS. 

Feet. 
Length  from  the  forepart  of  the  stem  under  the  bowsprit  to  the  aft  side  of 

the  head  of  the  stern-post 184. 6 

Main  breadth  to  outside  of  plank 43. 4 

Depth  in  hold  from  tonnage-deck  to  ceiling  at  midships 20.  7 

Depth  in  hold  from  upper  deck  to  ceiling  at  midships 28 

ADDITIONAL  PARTICULARS  FOR  STEAMERS. 

Deduction  for  space  required  for  propelling-power,  554. 99  tons. 
Length  of  engine-room,  (if  measured,)  50. 3  feet. 
Number  of  engines,  2. 

Combined  power,  (estimated  horse-power,)  300. 

Names,  residence,  and  description  of  the  owners,  and  number  of  sixty-fourth  shares 
held  by  each  owner : 

Henry  Alfred  Coffey,  of  17  Gracechurch  street "] 

James  Borman,  of  127  Leadenhall  street I  T  •    ,  'a.   , 

Alexander  Calder,  of  17  Cannon  street  west,  in  the  city  of  (  Jomt  owner8'  64  share8' 

London,  gentleman J 

Dated  29th  October,  1864. 

(Signed)  G.  EVANS,  Registrar. 


References  to  transactions. 

Changes  of  masters. 

7,442,  9|65. 

London,  24|12|64. 
Anthony  Moffatt,  43,617. 

Stranded  near  Sherringham  about  4th  January,  1865,  and  broken  up.    Certificate 
not  found.    Registry  closed  31st  December,  1868,  per  Form  20,  received  13th  January, 


I  hereby  certify  that  the  foregoing  copy  of  the  register  of  the  ship  Amphion,  of  Lon- 
don, together  with  the  annexed  copy  of  transaction,  (one  in  number,  on  one  sheet,)  are 
true  and  correct  transcripts  of  the  original  copies  of  the  register  and  transaction  placed 
on  record  in  this  office, 

.      (Signed)  J.  J.  MAYO, 

v  Registrar-General. 

General  Register  and  Record  Office  of  Shipping  and  Seamen, 
Adelaide  Place,  London  Bridge,  I'bth  Novemoer,  1871. 


I573l  *AJAX   AND   HERCULES 


TABLE  OF  CONTENTS. 


No. 

From  whom  and  to  whom. 

Date. 

Subject. 

U 

*  d 

l! 

Pac/e. 

Page. 

1 

Home  office  to  foreign  office. . . 

Jan.  21,1865 

.Ajax  lying  in  Kingstown  Harbor  sus- 
pected of  being  intended  for  a  con- 
federate vessel.    Befusal  of  some  of 

575 

659 

crew  to  sail  in  her.    Investigations 

made. 

2 

Treasury  to  foreign  office 

Jan.  24,1865 

Eeport    from  Dublin   custom-house. 
The  vessel    may  be  intended  for 
blockade-running,  but  is  not  fitted 
for  warlike  purposes. 

577 

661 

3 

Home  office  to  foreign  office. .. 

Jan.  25,1865 

Application  of  United  States  consul 
at  Dublin  to  take  the  deposition  of 
a  seaman  in  Kilmainham  prison  on 
the  subject.    The  vessel   has  left 
Kingstown. 

578 

662 

4 

Law-officers  to  Earl  Eussell... 

Jan.  28,1865 

No    evidence  of   illegal    equipment. 
The  vessel  should  be  watched  at 

579 

663 

the  Bahamas. 

5 

Foreign  office  to  colonial  office. 

Feh.     3, 1865 

• 

Copies  of   correspondence.    To  give 
instructions  to  watch  the  vessel  at 
the  Bahamas. 

580 

664 

6 

Mr.  Adams  to  Earl  Eussell 

Feb.     7, 1865 

Letters  from  United  States  consul  at 
Liverpool  as  to  the  Ajax  and  the 
Hercules  fitting  out  in  the  Clyde, 
both  alleged    to    be    intended  for 
confederate  cruisers. 

580 

664 

7 

Earl  Eussell  to  Mr.  Adams 

Feb.    8,1865 

His  letter  shall  be  attended  to.    Ob- 
serving on  the  necessity  of  timely 
notice. 

582 

666 

8 

Foreign  office  to  treasury  and 

Feb.    8,1865 

Forwarding   Mr.  Adams's  note.    To 
take  such  steps  as  can  legally  be 
adopted. 

Depositions    of    John    Melley    and 
George  Smith  as  to  the  nature  of 

582 

667 

home  office. 

9 

Mr.  Adams  to  Earl  Eussell 

Feb.     9, 1865 

582 

667 

the  Ajax  and.  Hercules. 

10 

Earl  Eussell  to  Mr.  Adams 

Feb.    9,1865 

His  letter  and  inclosures  shall  be  for- 
warded to  the  proper  department. 

585 

669 

11 

Foreign  office  to  treasury  and 
home  office. 

Feb.     9, 1865 

Forwarding    copies  of  Mr.  Adams's 
note  and  inclosures. 

585 

670 

12 

Foreign  office  to  home  office. . . 

Feb.    9,1865 

To  send  copies  of  the  depositions  to 
the  lord  lieutenant  of  Ireland  and 

585 

670 

lord  advocate  of  Scotland. 

13 

Home  office  to  foreign  office. . . 

Feb.    9, 1865 

The    lord     advocate    has    been    re- 
quested to  make  inquiry  as  to  the 
Hercules. 

586 

670 

14 

do 

Feb.  17, 1865  :  Report  of  lord   advocate.     There  is 

586 

670 

no  ground  for  the  suspicious  enter- 

tained as  to  the  Hercules.     The  de- 

position of  George  Smith  is  willfully 

false. 

% 

15 

do 

Feb.  20, 1865 

Irish    government  have  received  no 
information  of  the  Ajax  since  she 

588 

672 

left  Kingstown. 

16 

Earl  Eussell  to  Mr.  Adams 

Feb.  24, 1865 

Communicating  the  result  of  the  in- 
quiry as  to  the  Hercules. 

588 

672 

17 

Foreign  office  to  home  office . . . 

Feb.  25, 1865 

George  Smith  should  be  prosecuted 
for  perjury. 

588 

673 

18 

Colonial  office  to  foreign  office. 

Apr.  15, 1865 

Arrival  of  the  Ajax  at  Nassau.    Eep- 
resentation  from  American  Govern- 
ment.   Precautions    taken  to  pre- 
vent violations  of  neutrality. 

588 

673 

19 

do 

Apr.  19, 1865 

Dispatch  from  governor  of  Bermuda. 
The  Ajax  has  not  appeared  there. 

590 

,    674 

20 

do 

May    9, 1865 

Measures  taken  by   governor  of  the 
Bahamas  to  watch  the  Ajax.     She 

590 

675 

has  sailed  for  Bermuda.    Warning 

sent  to  the  governor  to  watch  her. 

21 

Foreign  office  to  colonial  office. 

May  12, 1865 

To  approve  proceedings  of  governor 
of  the  Bahamas. 

591 

676 

22 

Home  office  to  foreign  office. . . 

May  19, 1865 

George  Smith  cannot  be  prosecuted 
for  perjury,  as  the  United  States 
consul  cannot  produce  the  original 
affidavit. 

952 

676 

23 

Earl  Eussell  to  Mr.  Adams 

May  28, 1865 

George  Smith  cannot  be  prosecuted 
for'perjury  for  want  of  the  original 
affidavit. 

592 

677 

H.  Ex.  282,  vol.  ii 42 


[575]  AJAX    AND    HERCULES. 


No.  1. 

Mr.  Baring  to  the  Mr.  Hammond. 

Whitehall,  January  21, 1865.     (Eeceived  January  23.) 
Sir  :  J  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to  you 
herewith  copies  of  a  letter  from  the  Irish  government,  and  of    aj  x  ^  Her 
the  reports  therein  referred  to,  relating  to  the  steamer  Ajax,  cmit-c^pond- 
now  lying  in  Kingstown  Harbor,  and  to*  request  that  you 
will  lay  the  same  before  Earl  Russell  for  his  lordship's  information. 
I  am,  &c, 
(Signed)  T.  G.  BAKING. 

[Inclosure  1  in  No.  1.] 

Major-General  Larcom  to  Mr.  Waddington. 

[Immediate.] 

Dublin  Castle,  January  19,  1865. 
Sir:  I  transmit  herewith, by  direction  of  the  lord  lieutenant,  for  the  information  of 
Secretary  Sir  George  Grey,  copy  of  a  report  which  has  been  received  from  the  commis- 
sioners of  metropolitan  police  relating  to  the  steamer  Ajax,  now  lying  in  Kingstown 
Harbor.  » 

I  also  inclose  copy  of  a  letter  which  has  been  received  from  Mr.  Gardner,  collector  of 
customs  at  Dublin,  and  of  its  inclosure  upon  the  same  subject,  and  I  am  desired  to  add 
that  the  papers  having  been  laid  before  the  law-adviser  of  the  government,  he  has  given 
the  following  opinion  thereon : 

"I  see  nothing  in  this  statement  to  warrant  any  steps  being  taken  by  the  executive 
in  relation  to  the  vessel  referred  to." 
I  have,  &c, 
(Signed)  THOMAS  LARCOM. 


[Inclosure  2  in  No.  1.] 
Mr.  W.  Gardner  to  Major-General  Larcom. 

Custom-House,  Dublin,  January  19,  1865. 

Sir  :  I  beg  to  acknowledge  the  receipt  of  your  letter  of  this  day's  date,  relative  to  the 
steam-vessel  Ajax,  now  in  Kingstown  Harbor. 

My  attention  had  previously  been  called  to  two  vessels  by  the  coast-guard  authori- 
ties, and  I  yesterday  sent  some  of  my  officers  to  inspect  the  vessel,  and  I  inclose  for  your 
consideration  the  report. 

It  is  true  that  the  engines  are  low  down  in  the  water,  but  the  boilers,  the  most  danger- 
ous part,  are  exposed,  and  the  vessel  is  not  fitted  with  any  bolts  or  other  means  for 
securing  guns,  and  from  the  description  given  to  me  I  do  not  consider  her  in  any  way 
fit  for  a  gun-boat.  She  is  a  British-registered  vessel,  and  the  master  states  that  he  is 
bound  to  a  British  possession.  It  is  quite  possible  she  may  be  intended  for  a  blockade- 
runner. 

I  have  had  no  complaint  made  to  me  by  the  American  consul,  and  in  the  absence 
£576]  of  any  proof  that  she  has  guns  or  other  warlike  material  concealed  on  *board, 


660  TREATY    OF    WASHINGTON. 

I  doubt  my  power  to  interfere  in  the  matter  unless  his  excellency  the  lord  lieutenant 
thinks  fit  to  direct  me  so  to  do. 

I  have,  &c, 

(Signed)  W.  P.  GARDNER. 

P.  S. — I  inclose  the  police  reports.  W.  P.  G. 


[Inclosure  3  in  No.  1.1 
Mr. to  Mr.  TV.  Gardner. 

Surveyor's  Office,  January  19,  1865. 

Sir  :  In  obedience  to  your  orders  I  proceeded  to  Kingstown  Harbor  yesterday,  the 
18th  instant,  accompanied  by  Mr.  Taylor,  examining  officer  and  ship-measurer  of  the 
port,  in  order  to  inspect  the  steamship  Ajax,  Adams,  master,  from  Glasgow  to  Nassau, 
in  ballast,  in  consequence  of  a  suspicion  that  she  was  intended  for  war  services  in  the 
confederate  service.  We  found  her  bulwarks  low,  formed  of  single  f -inch  iron  plates, 
and  in  no  respect  prepared,  so  far  as  we  could- see,  as  a  war-vessel.  She  has  a  double 
propeller,  and  her  machinery  placed  low.  We  rummaged  her  different  compartments, 
and  found  nothing  but  coals  as  far  as  we  could  go.  She  had  no  space  for  cargo  except 
under  cabin  decks ;  her  forecastle  and  fore-cabin  were  fitted  with  sixty-four  berths,  and 
her  cabin  fitted  up  similar  to  a  passenger- vessel  with  sleeping  apartments.  We  saw  no 
preparations  for  the  fitting  up  and  security  of  guns,  and  in  our  opinion  her  forecastle 
deck  would  require  strengthening  and  other  alterations  before  she  could  be  used  as  a 
gun-boat. 

We  found  her  clearance  papers  and  register  all  correct,  and  her  owner  appears  to  be 
Mr.  Peter  Denny,  of  Dumbarton. 

Feet. 

Tonnage,  per  register 202 

Length 70 

Breadth 25-& 

Depth i 11 


{Inclosure  4  in  No.  l.J 

Police  report. 

Superintendent's  Office,  F  Division, 

January  18,  1865. 

Sir:  I  beg  to  report,  for  the  information  of  the  commissioners,  that  on  this  day,  at 
Kingstown  police-court,  a  summons  was  heard  before  G.  Wyse,  esq.,  the  presiding  magis- 
trate, on  the  complaint  of  G.  W.  Adam,  master  of  the  steamer  Ajax,  lying  in  Kingstown 
Harbor,  where  she  arrived  from  Greenock  on  Sunday  morning  last,  on  her  first  voyage, 
(being  an  entirely  new  ship,)  in  ballast,  from  the  last-named  port  to  Nassau,  for  refus- 
ing to  do  their  duty  on  board  on  the  16th  instant,  against  fifteen  of  the  crew.  The 
defense  was  that  the  vessel  was  not  seaworthy,  but  that  was  entirely  negatived  by  the 
evidence  of  Captain  Hutchinson,  harbor-master,  and  Captain  Carpenter,  who  proved 
that  they  had  made  an  examination  and  believed  the  vessel  to  be  perfectly  seaworthy, 
and  would  have  no  objection  to  go  in  her  themselves.  When  the  sailors  found  the  first 
defense  upset  by  this  testimony,  one  of  them,  who  appeared  as  spokesman  for  the  rest, 
stated  that  the  real  reason  for  disobedience  was  that  she  is  a  confederate  gun-boat. 

This  man, whose  name  was  Robert  Browne,  was  committed  to  prison  for  a  month, 
and  the  others  cautioned  to  return  to  their  duty  on  board.  Some  six  or  seven  have 
returned,  but  the  remainder  have  not  yet,  and  it  is  possible  they  will  be  arrested  if  they 
can  be  discovered  by  the  captain. 

While  the  foregoing  was  being  written,  two  men,  named  Thomas  Barnes  and  Duncan 
Morrison,  were  charged  and  brought  before  the  magistrate,  who  committed  them  to 
prison  for  six  weeks.  I  conversed  with  the  three  prisoners  about  this  vessel,  and  they 
say  that  she  was  built  by  W.  Denny  &  Co.,  of  Dumbarton,  which  port  they  left  on  Fri- 
day last  at  half  past  2  o'clock,  and  went  to  Greenock,  where  they  only  remained,  as 
they  express  it,  "  at  the  Tail  of  the  Bank"  for  a  few  hours,  and  left  in  the  night. 
[577]  Before  leaving  Dumbarton,  several  cases  were  brought  along*side,  and  they  sus- 
pect that  these  contained  war-material,  but  they  are  not  sure  whether  they  were 
put  on  board  or  not,  yet  they  believe  so.  The  vessel  has  three  decks,  they  state,  and 
sixty-four  berths  before  the  funnel,  all  for  males;  her  boilers  and  engines  are  under 


BRITISH    CASE    AND     PAPERS.  661 

water-mark,  and  she  has  two  safety-valves,  one  of  them  a  secret  one,  to  let  off  steam. 
She  is  not  constructed  for  cargo,  but  altogether  for  war-purposes.  They  also  state  that 
a  man  named  Lowe,  whom  they  know  to  be  a  "southern  man,"  is  to  take  command  of 
this  vessel  from  Captain  Adam,  and  they  say  that  he  is  in  Kingstown  and  changes  his 
clothes  two  or  three  times  a  day. 

The  foregoing  is  the  substance  of  what  I  learned  from  the  three  men  above  named, 
and  as  it  is  of  great  importance  if  true,  I  have  felt  it  my  duty  to  forward  this  report 
with  all  the  expedition  possible  under  the  circumstances. 

(Signed)  W.  L.  ARMSTRONG, 

Superintendent. 


No.  2. 

Mr.  Arhuthnot  to  Mr.  Hammond. 

Treasury  Chambers, 
January  21,  1865.     (Eeceived  January  21.) 
Sir  :  I  am  desired  by  the  lords  commissioners  of  Her  Majesty's  treasury 
to  transmit  herewith,  for  the  information  of  Earl  Eussell,  copy  of  a  letter 
from  the  commissioners  of  customs,  dated  the  21st  instant,  together  with 
copies  of  its  inclosures,  respecting  the  Ajax,  a  vessel  supposed  to  be 
fitting  for  the  service  of  the  Confederate  States. 
I  am,  &c, 
(Signed)  G.  ARBUTHNOT. 


rinclosure  1  in  No.  2.] 
Mr.  F.  Gardner  to  Mr.  Hamilton. 

Custom-House,  January  21,  1865. 
Sir  :  I  am  directed  to  transmit  to  you,  for  the  information  of  the  lords  commissioners 
of  Her  Majesty's  treasury,  the  accompanying  copies  of  a  report  of  the  collector  of  this 
revenue  at  Dublin,  and  of  its  inclosure,  relative  to  the  steam-vessel  Ajax,  to  which 
some  suspicion  attached  that  she  was  intended  for  a  confederate  gun-boat. 
I  am,  <&c, 
(Signed)  F.  G.  GARDNER. 


[Inclosure  2  in  No.  2.] 

Mr.   IV.  Gardner  to  the  commissioners  of  customs. 

Custom-House,  Dublin,  February  20,  1865. 
Honorable  Sirs:  I  beg  to  transmit  the  inclosed  letter  from  Major-General  Sir 
Thomas  Larcom,  relative  to  the  steam-vessel  Ajax,  now  in  the  Kingstown  Harbor,  to 
which  vessel  some  suspicion  attaches  that  she  is  intended  for  a  confederate  gun-boat. 
On  receipt  of  the  letter  I  called  on  General  Larcom,  and  reported  to  him,  for  the  in- 
formation of  the  lord  lieutenant,  that  the  arrival  of  the  vessel  had  been  reported  to  me 
by  the  coast-guard  authorities,  and  that  I  had  the  day  before  dispatched  some  of  the 
officers  to  Kingstown,  to  inspect  the  vessel,  and  to  report  to  me  their  opinion  as  to 
what  she  was  really  intended  for.  The  conclusion  the  officers  came  to  was  this:  that 
it  was  possible  that  the  vessel  might  be  intended  for  a  blockade-runner,  but  she  had 
neither  strength  nor  fittings  for  guns,  nor  was  she  in  any  way  adapted  for  warlike  pur- 
poses. She  was  in  ballast  from  the  Clyde,  bound  to  Nassau,  with  a  British  register.  I 
therefore  informed  General  Larcom  that,  in  the  absence  of  any  proof  that  the  vessel 
was  intended  for  a  gun-boat,  and  as  the  American  consul  had  made  no  complaint«to 
me,  I  could  not  detain  the  vessel  unless  directed  to  do  so  by  the  lord-lieutenant.  Gen- 
eral Larcom  quite  agreed  with  me,  and  will  report  so  to  the  foreign  office. 

(Signed)  W.  P.  GARDNER, 

Collector. 


662  TREATY    OF    WASHINGTON. 

[578]  *[Inclosure  3  in  Xo.  2.] 

Major-  General  Larcom  to  Mr.  TV.  Gardner. 

Dublin  Castle,  January  19,  1865. 
Sir  :  I  transmit  herewith,  by  directions  of  the  lord-lieutenant,  a  report  which  has 
"been  received  from  the  commissioners  of  metropolitan  police,  relating  to  the  steamer 
Ajax,  now  lying  in  Kingstown  Harbor ;  and  I  am  desired  to  request  that  you  will  state, 
for  his  excellency's  information,  whether  you  have  intelligence  of  the  subject  of  the 
steamer  referred  to,  supposed  to  be  a  confederate  gun-boat.  I  am  also  directed  to  state 
that  it  has  been  suggested  that  she  is  a  blockade-runner. 

His  excellency  is  desirous  of  receiving  an  immediate  report  from  you  upon  the  fore- 
going subject ;  you  will  also  please  to  return  the  inclosures. 
I  am,  &c, 
(Signed)  THOMAS  LARCOM. 


No.  3. 

Mr.  Baring  to  Mr.  Hammond. 

Whitehall,  January  25,  1865.  (Received  January  26.) 
Sir:  Referring  to  my  letter  of  the  21st  instant,  relating  to  a  steam- 
vessel  called  the  Ajax,  then  lying  in  Kingstown  Harbor,  I  am  directed  by 
Secretary  Sir  George  Grey  to  transmit  to  you  herewith,  as  received  from 
the  Irish  government,  copies  of  a  letter  from  the  inspectors-general  of 
prisons  in  Ireland,  and  its  inclosure  from  the  consul  for  the  United  States 
at  Dublin,  respecting  an  application  made  by  theconsul  for  permission 
to  take  the  deposition  of  a  seaman  confined  in  Kilmainham  prison,  in 
reference  to  the  vessel  in  question,  together  with  a  copy  of  the  reply 
given  by  the  lord-lieutenant  to  the  inspectors- general  of  prisons ;  and 
I  am  to  request  that  you  will  submit  the  same  for  the  information  of 
Earl  Russell,  and  at  tlie  same  time  acquaint  his  lordship  that  the  Ajax 
has  now  sailed  from  Kingston. 

I  am,  &c,  • 

(Signed)  T.  G.  BARING. 


[Inclosure  1  in  Xo.  3.] 

Messrs.  Cannellan  and  Lonlayne  to  Major-General  Larcom. 

Office  of  Inspectors-General  of  Prisons,  Dublin  Castle. 

January  21,  1864. 
Sir:  We  have  the  honor  to  transmit  the  accompanying  letter  which  was  placed  in 
our  hands  by  the  consul  of  the  United  States  of  America. 

The  inspectors-general  are  not  invested  by  the  prisons  acts  or  by  the  laws  of  Kil- 
mainhain  jail  with  the  power  of  admitting  visitors  to  prisoners,  nor  does  it  appear  to 
us  that  the  executive  possesses  such  power. 

We  therefore  transmit  the  by-laws,  and  beg  to  call  your  attention  to  the  rules  affect- 
ing visitors  to  prisons,  (page  25,)  and  request  that  we  may  be  advised  as  instructed  in 
the  matter. 
•       We  have,  &c, 

(Signed)  '        HENRY  CANNELLAN, 

JOHN  LONLAYNE, 

Inspectors-General  of  Prisons. 


BRITISH    CASE   AND    PAPERS.  663 

[Inclosure  2  in  No.  3.] 

Mr.  West  to  Messrs.  Cannellan  and  Lonlayne. 

United  States  Consulate, 

Dublin,  January  21,  1865. 
Sir:  The  governor  of  Kilmainham  having  refused  me  permission  to  see  a  seaman 
named  Brown,  whose  deposition  I  wanted  to  take  in  reference  to  the  propeller 
[579]  *Ajax,  he  being  committed  to  prison  for  refusing  to  do  his  duty  and  proceed  in 
said  ship  of  which,  he  was  a  seaman,jl  ask  the  favor  on  behalf  of  my  Government 
and  by  direction  of  our  minister  at  London,  having  reason  to  suppose  that  the  Ajax  has 
been  built  for  war  purposes  and  carries  contraband  of  war. 
I  have,  &c, 
(Signed)  WM.  B.  WEST, 

United  States  Consul* 


[Inclosure  3  in  No.  3.J 

Mdjor-General  Larcom  to  Messrs.  Cannellan  and  Lonlayne. 

Dublin  Castle,  January  23,  1865. 
Gentlemen  :  I  am  directed  by  the  lord  lieutenant  to  acknowledge  the  receipt  of 
your  letter  of  the  21st  instant,  with  its  inclosure  from  the  consul  of  the  United  States 
of  America,  requesting  permission  to  visit  a  seaman  in  Kilmainham  prison  ;  and  I  am 
desired  to  acquaint  you  that  his  excellency  does  not  find  any  sufficient  ground  to  in- 
duce him  to  give  any  special  directions  to  the  governor  of  Kilmainham  prison  upon  the 
matter  referred  to,  even  if  it  were  clear  that  such  power  is  legally  vested  in  the  execu- 
tive. I  am  further  directed  to  state  that  a  report  from  the  officers  of  customs  has  been 
furnished  to  Ids  excellency,  from  which  it  appears  that  the  vessel  referred  to  has  not 
been  built  for  war  purposes. 

I  am,  &c, 

(Signed)  .  THOMAS  LARCOM. 


No.  4. 

The  law-officers  of  tlie  Crown  to  Earl  Russell, 

Lincoln's  Inn,  January  28,  1865.  (Beceived  January  28.)  s 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Hammond's  letter  of  the  26th  instant,  stating  that  he  was  di- 
rected to  transmit  to  us  two  letters  and  their  inclosures  from  the  home 
office,  relative  to  a  steam- vessel  named  the  Ajax,  then  at  Kingstown 
and  supposed  to  be  intended  for  the  confederate  service  ;  and  to  request 
that  we  would  take  these  papers  into  consideration,  and  furnish  your 
lordship  at  our  early  convenience  with  our  opinion  whether  this  vessel 
can  be  detained  either  at  Kingstown  or  at  Nassau,  the  alleged  port  of 
her  destination. 

In  obedience  to  your  lordship's  commands  we  have  taken  these  papers 
into  consideration,  and  have  the  honor  to  report : 

That  the  statements  made  by  the  men  who  were  summoned  before 
the  magistrate  at  Kingstown,  as  reported  in  the  letter  of  Superintend- 
ent Armstrong  of  the  18th  January,  1865,  do  not  seem  to  amount  to  any 
legal  evidence  of  the  matters  alleged  by  them;  but  they  certainly  ap- 
pear to  us  to  be  calculated  to  excite  suspicion,  and  would  (if  the  ship 
had  remained  in  British  waters)  have  justified  further  inquiry.  The 
conclusion,  however,  of  the  government  surveyors,  who  on  the  same  day 
examined  the  vessel,  appears  to  have  been,  that  she  was  not  properly 
fitted  out  for  a  ship  of  war  or  gun-boat ;  their  report  was  accepted  as 
satisfactory  by  the  collector  of  customs  at  Dublin  ;  and  the  law-adviser 


664  TREATY    OF    WASHINGTON. 

of  the  lord-lieutenant  considered  jthat  there  was  nothing  to  warrant  any 
steps  being  taken  by  the  executive  in  the  matter.  In  this  opinion  we 
concur,  there  being,  in  fact,  no  evidence,  either  of  an  illegal  destination 
of  the  Ajax  for  the  war  service  of  the  confederates,  or  of  any  equip- 
ment, &c,  within  this  realm,  with  a  view  to  that  service. 

The  ship  having  now  sailed,  all  that  can  be  done  is  to  report  the  cir- 
cumstances connected  with  her  to  the  governor  of  the  Bahamas,  in 
order  that  she  may  be  observed  on  her  arrival  there ;  and  that,  if  she 
should  there  receive  any  warlike  equipments, (  and  if  there  should  be 
sufficient  reason  to  believe  those  equipments  to  be  for  the  service  of 
the  Confederate  States,)  such  proper  measures  may  be  taken  as  to  the 
governor  and  his  legal  advisers  may  seem  necessary. 

We  have,  &c, 

(Signed)  ROUNDELL  PALMER. 

R.  P.  COLLIEE. 
*      ROBERT  PHILLIMORE. 


[580]  *No.  5. 

Mr.  Hammond  to  Sir  F.  Rogers. 

Eokeign  Office,  February  3, 1865. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you,  to  be  laid  be- 
fore Mr.  Secretary  Oardwell,  copies  of  two  letters  and  their  inclosures 
from  the  home  office,1  respecting  the  Ajax,"  a  vessel  alleged  to  be  intended 
for  the  confederate  service,  together  with  a  copy  of  a  report   of  the 
law-officers  of  the  Crown,  suggesting  that  the  governor  of  the  Bahamas 
should  be  instructed  to  cause  this  vessel  to  be  watched  on  her  arrival 
at  Nassau ;   and  I  am  to  request  that  you  will  move  Mr.  Oardwell  to 
instruct  the  governor  in  this  matter  in  the  manner  recommended  by 
the  law-officers. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  6. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  February  7,  1865.  (Received  February  8 — 1  p.  m.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  copies 
of  two  letters  addressed  to  me  by  Mr.  Dudley,  the  consul  of  the  United 
States  at  Liverpool,  touching  the  building  and  outfit  of  a  vessel  called 
the  Hercules,  at  Dumbarton,  for  the  purpose  of  carrying  on  war  against 
the  people  of  the  United  States.  The  history  of  the  Ajax  is  well  known 
to  me  from  the  fact  of  her  accidental  detention  at  Kingstown,  in  Ire- 
land, on  her  departure  outward,  by  reason  of  the  refusal  of  some  of  the 
men  to  sail  in  her,  because  they  had  been  deceived  as  to  her  true  char- 
acter.   Yet,  instead  of  inquiring  into  the  truth  of  the  allegation,  it  ap- 

1  Nos.  1  and  3. 


BRITISH    CASE    AND    PAPEES.  665 

pears  that  the  authorities  at  Kingstown  proceeeded  to  punish  the  men 
as  mutineers. 

I  likewise  have  the  homor  to  transmit  a  copy  of  an  advertisement, 
taken  from  the  Liverpool  Daily  Post,  of  the  1st  instant,  going  to  show 
that  the  crew  of  the  vessel  formerly  known  as  the  Alabama,  being  all 
of  them  British  subjects,  enlisted  in  violation  of  law,  on  a  voyage  of  hos- 
tility to  the  United  States,  are  openly  paid  their  wages  by  agents  of 
the  insurgents  in  a  British  port,  just  as  if  they  had  been  embarked  in 
a  common  undertaking  fully  recognized  by  all  the  British  authorities. 

It  is  not  without  great  pain  that  I  am  constrained  to  admit  the  im- 
pression that  Her  Majesty's  government  seem  to  be  almost  without  the 
power  to  restain  the  commission  of  this  systematic  abuse  of  the  law  of 
neutrality  within  her  territories.  1  regret  it  the  more  that  it  seems  to 
be  gradually  fixing  in  the  minds  of  ni  ^countrymen  a  conviction  that  there 
is  little  reciprocal  force  in  treaty  obligations,  and  hence  that  it  is  exped- 
ient for  them  to  be  released,  as  far  as  possible,  from  those  into  which  their 
Government  has  heretofore  cheerfully  entered  with  Great  Britain.  I  trust 
I  need  not  say  to  your  lordship  that  this  state  of  things  is  regarded  by 
me  as  most  unfavorable  to  the  best  interests  of  both  nations,  which 
would,  in  my  view,  dictate  a  rather  close  approximation  than  any  alien- 
ation. Not  having  had  any  reason  to  doubt  the  favorable  disposition  of 
Her  Majesty's  government,  I  still  cherish  the  hope  that  some  additional 
means  may  be  devised  to  correct  the  evils  complained  of,  and  to  restore 
that  confidence  in  reciprocity  of  friendly  action  which  is  the  only 
stable  foundation  of  all  international  relations  of  amity  throughout  the 
world. 

I  pray,  &c., 

(Signed)  CHARLES  FBANCIS  ADAMS. 


£531]  ,      *  [Inclosure  1  in  No.  6.]  . 

Mr.  Dudley  to  Mr.  Adams. 

United  States  Consulate, 

Liverpool,  February  2,  1865.  - 
Sir  :  A  steamer  called  the  Hercules,  now  fitting  out  on  the  Clyde,  and  which  I 
understand  is  a  sister  steamer  to  the  Ajax,  that  recently  sailed  from  the  same  river, 
and  built  and  owned  by  the  same  parties,  I  think,  from  what  I  learn,  is  intended  for  the 
rebels,  and  has  been  built  for  that  express  purpose.  I  understand  they  are  fitting  her 
out  as  rapidly  as  possible,  and  that  she  will  be  ready  for  sea  in  about  eight  days. 

I  am  entirely  satisfied  that  the- steamer  Ajax,  above  referred  to,  is  to  be  used  as  a  gun- 
boat to  make  war  against  the  United  States,  and  was  built  and  fitted  out  for  that 
purpose. 

I  am,  &c, 

(Signed)  THOMAS  H.  DUDLEY. 


[Inclosure  2  in  No.  6. J 

Mr.  Dudley  to  Mr.  Adams. 

Glasgow,  February  4,  1865. 
Sir:  Referring  to  my  dispatch  of  the  2d  instant,  and  the  steamer  Hercules,  which 
was  supposed  to  be  intended  for  a  confederate  gun-boat,  I  have  now  to  report 
that  this  steamer  was  built  by  P.  Denny,  of  Dumbarton,  and  is  said  or  pretended  to  be 
for  McCleese  and  Knott,  I  believe,  of  Glasgow,  but,  as  I  am  informed  and  believe,  for 
the  so-called  confederate  government  in  the  Southern  States  of  America,  now  in  rebel- 
lion against  the  United  States.  She  is  at  present  at  Dumbarton,  on  the  Clyde,  very 
nearly  completed,  is  to  have  a  trial-trip  on  Wednesday  next,  has  300  tons  of  coals 


666  TREATY    OF    WASHINGTON. 

on  board,  and  is  to  sail  in  a  very  few  days.  She  is  a  double-screw  boat,  of  220  tons  regis- 
ter and  500  tons  burden,  with  two  engines,  combining  150  horse-power  nominal;  the 
hull  170  feet  long,  25  feet  beam,  and  1L}  feet  depth  <*f  hold,  drawing  about  8  feet  of 
water,  one  funnel,  two  masts,  the  fore  one  brig-rigged,  the  last  schooner-rigged,  and 
the  decks  flush  fore  and  aft.  The  timbers  are  of  angle-iron,  heavy  and  very  close,  so 
as  to  give  her  great  strength,  plated  over  with  iron  plates,  and  two  inches  of  cement  in 
thickness  on  the  inside  and  four  inches  of  wood  on  the  inside  of  the  cement,  making 
a  thickness  of  six  inches,  independent  of  the  iron  plates.  The  deck  beams  are  strong 
enough  to  hold  guns  of  any  size.  From  her  build  and  the  material  used  and  the  man- 
ner it  is  put  together,  it  would  be  difficult  to  make  any  vessel  of  her  size  stronger  than 
she  is.  The  bulwarks  are  made  purposely  low,  like  those  on  the  steamer  Alexandra, 
built  at  Liverpool,  so  the  pivot-guns  and  swivels  can  be  fixed  over  them.  The  hull  is 
divided  into  three  water-tight  compartments,  the  forecastle  is  fitted  up  with  twenty- 
two  berths,  and  a  mess-table  for  this  number,  constructed  to  screw  up  like  those  used 
on  ships  of  war.  The  space  in  what  is  called  between-decks,  or,  more  properly,  in  the 
middle  compartment,  is  fitted  up  with  thirty-two  berths,  with  a  like  mess-table  for  their 
accommodation ;  then  follows  the  engine-room  and  accommodation  for  the  engineers, 
and  then  the  after-cabin,  which  has  ten  state-rooms,  five  on  each  side,  for  the  officers. 
There  is  hatchway  for  taking  in  cargo,  or  space  in  the  vessels  for  stowing  anything  but 
her  coals,provisions,  and  ammunition  for  her  cruise.  She  is  to  carry  two  pivot-guns 
and  one  or  more  swivels. 

No  preparations,  so  far  as  can  be  seen,  (except  the  space  left,)  are  made  for  mounting 
the  guns  ;  it  is  not  probable  that  this  will  be  done  in  port,  but  like  her  sister  ship  the 
Ajax,  built  by  the  same  party,  will  clear  and  sail  as  a  merchant-vessel,  as  was  also  done 
in  the  case  of  the  pirates  Alabama,  Georgia,  Oreto,  and  Sea-King,  and  then,  as  in  the 
other  cases,  mount  the  guns  and  take  in  her  ammunition  and  supplies  from  some  other 
English  vessel,  and  enter  upon  her  cruise  of  devastation  and  destruction.  The,y  have 
put  up  as  a  blind,  across  the  hinder  part  of  the  steamer,  a  temporary  wooden  tow-rail, 

to  pass  her  off  to  casual  observers  as  a  tug-boat.    The  foreman  in  the  yard,  by 
[582]     name  of  Leslie,  a  brother-in-law  to  the  *builder,  says  he  does  not  know  for  what 

purpose  she  is  to  be  used  or  where  she  is  to  go.  From  the  above  description  you 
will  perceive  that  she  is  built  for  war  purposes,  and  nothing  else.  My  information  from 
private  and  confidential  sources  is  that  she  is  for  the  confederates,  and  to  be  used  as  a 
privateer  to  burn  and  destroy  our  commerce  and  to  make  war  against  the  Government 
of  the  United  States,  of  which  I  have  not  myself  the  least  doubt.  To  show  the  pecu- 
liar form,  power,  and  construction  of  the  vessel  abundant  testimony  can  be  obtained ; 
but  of  the  intentions  of  the  parties  in  building  her,  and  the  purpose  for  which  she  is  to 
be  used,  I  have  no  positive  evidence  but  from  confidential  sources,  and  I  suppose  none 
can  be  obtained  short  of  the  parties  who  are  building  and  fitting  her  out,  and  I  havo 
no  power  to  compel  or  make  them  testify. 
I  am,  &c, 
(Signed)  THOMAS  H.  DUDLEY. 


[Inclosure  3  in  Xo.  6.] 
Advertisement  cut  from  the  Daily  Post  of  Liverpool  of  February  1,  1865. 

Late  Confederate  Screw-steamer  Alabama. — On  and  after  the  1st  February- 
next,  £10  will  be  paid  to  each  of  the  crew  of  the  late  confederate  screw-steamer 
Alabama  (who  were  on  board  at  the  time  of  her  loss)  as  compensation  for  their  bags 
lost  in  that  ship.  The  money  will  be  paid  on  application  to  Richard  Taylor  at  the  office 
of  M.  P.  Robinson,  esq.,  Rumford  Court,  Liverpool,  between  the  hours  of  12  meridian 
and  2  p.  m.  Men  must  produce  their  discharges,  and  administrators  of  deceased  men 
must  bring  their  certificate  of  administration. 

Liverpool,  January  27,  1805. 


No.  7. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  February  8,  18G5. 
Sir  :  I  have  received  your  letter  dated  the  7th  instant  and  delivered 
at  the  foreign  office  at  a  late  hour  yesterday  evening,  after  the  close  of 


BRITISH    CASE    AND    PAPERS.  667 

business ;  but  not  being  marked  immediate  it  did  not  come  under  the 
notice  of  the  under-secretary  of  state  until  1  p.  m.  to-day. 

The  matter  shall  be  immediately  attended  to,  but  in  the  mean  time  I 
wish  to  call  your  attention  to  the  dates  of  the  letters  which  you  inclose. 
The  first  letter  of  the  United  States  consul  at  Liverpool  is  dated  the 
2d  instant,  and  affirms  that  a  steamer  named  the  Hercules  is  fitting  out 
in  the  Clyde  for  the  confederate  service,  and  that  this  vessel  is  to  be 
ready  for  sea  in  eight  days.  The  second  letter  which  you  transmit  to 
me  is  dated  Glasgow,  the  4th  instant,  and  contains  further  information 
respecting  this  vessel,  and  states,  moreover,  that  the  trial-trip  is  to  take 
place  to  day. 

In  a  former  in  stance  I  was  able,  by  means  of  the  lord  advocate,  to 
prosecute  the  owners  of  a  vessel  building  in  the  Clyde,  and  to  get  a  ver- 
dict entered  by  consent,  which  defeated  the  purpose  of  the  confederate 
agent.  But  these  operations  are  very  quick,  and  unless  I  have  timely 
notice  I  can  have  but  little  hopes  of  stoppiug  these  transactions. 
I  am,  &c, 
(Signed)  KUSSELL. 


No.  8. 

Mr.  Hammond  to  Mr.  Hamilton. 2 

Foreign  Office,  February  8, 1865. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  the  accompany- 
ing copies  of  a  letter  from  Mr.  Adams  and  its  inclosures,2  respect- 
[583]     ing    certain    alleged  infringements  of  the  neutrality*  of  Her 
Majesty's  dominions,  as  shown  in  the  case  of  a  vessel  called  the 
Hercules,  fitted   out  at  Dumbarton,  and  in  a  statement  which  has 
appeared  in  the  Liverpool  Daily  Post  as  to  the  payment  of  certain  of 
the  crew  of  the  Alabama  in  British  ports ;  and  I  am  to  request  that,  in 
laying  the  same  before  the  lords  commissioners  of   Her  Majesty's 
treasury,  you  will  move  them  to  take  such  steps  in  the  matter  as  can 
legally  be  adopted. 

A  similar  letter  has  been  addressed  to  the  home  department. 
I  am,  &c, 
(Signed)  E.  HAMMOND.    ; 


No.  9. 
Mr.  Adams  to  Earl  Eussell. 

Legation  of  the  United  States, 
London,  February  9,  1865.  (Eeceived  February  9 — 1  p.  in., 
My  Lord  :  I  lose  no  time  in  transmitting  to  you  copies  of  two  deposi- 
tions which  have  this  moment  come  to  hand,  touching  the  outfit  of  the 
two  vessels  from  Glasgow,  called  the  Ajax  and  the  Hercules.  I  have 
strong  reasons  for  the  belief  that  the  first  vessel  is  already  cruising  on 
the  ocean  as  a  privateer,  and  the  other  is  about  to  follow  her  immedi- 
ately. I  scarcely  deem  it  necessary  to  call  your  lordship's  attention  to 
the  deposition  of  John  Melley  as  justifying  the  refusal  to  proceed  on  the 

1 A  similar  letter  was  addressed  to  the  home  office.  2No.  6. 


668  TREATY    OF   WASHINGTON. 

voyage  by  the  seamen  in  the  examination  at  Kingstown,  notwithstand- 
ing which  they  were  punished  by  the  authorities  as  having  committed 
an  offense. 

I  pray,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[Iuclosnre  1  in  Xo.  9.] 

Deposition  of  John  Melley. 

I,  John  Melley,  of  Glasgow,  seaman,  being  duly  sworn,  doth  depose  and  say  :  In  the 
month  of  January  last  past,  being  in  want  of  a  ship,  saw  Captain  Adams,  of  the  steamer 
Ajax,  at  the  Sailors'  Home,  in  Glasgow.  He  told  me  she  was  a  tug  or  tow-boat  going 
to  Nassau,  and  that  he  would  like  me  to  go.  I  signed  the  articles  for  a  voyage  to 
Nassau  for  £3  10s.  per  month.  Two  days  afterward,  on  a  Friday,  I  went  on  board  of 
her  lying  at  anchor  about  two  miles  from  Greenock,  the  Tail  of  the  Bank.  She  sailed 
the  same  night  about  12  or  1  o'clock.  We  arrived  at  Kingstown,  Ireland,  the  next  Sun- 
day morning.  I  left  the  vessel  at  Kingstown,  and  returned  to  Glasgow.  Captain 
Adams  was  in  command.  The  crew  consisted  of  eight  sailors,  twelve  firemen,  and 
three  engineers.  There  was  one  person  on  board  who  was  formerly  the  captain  of  the 
confederate  steamer  Fingal,  who  was  to  have  command  of  the  Ajax  as  soon  as  Captain 
Adams  left.  I  discovered  as  soon  as  I  got  on  board  of  her  and  before  she  sailed  that 
she  was  intended  for  a  war- vessel ;  she  was  fitted  up  for  one  in  every  particular.  In 
the  forepart  of  the  vessel  there  were  eighty-four  berths  fitted  up  for  the  accommoda- 
tion of  the  men  ;  there  were  also  mess-tables  for  the  same  number  of  men,  arranged 
so  as  to  screw  up  the  same  as  on  a  war- vessel.  I  have  served  on  board  of  a  war-vessel, 
and  know  something  of  their  construction.  I  saw  two  gun-breeches  on  board ;  there  were 
five  buckets  also.  The  next  morning  after  we  sailed,  I  went  to  the  captain  and  told 
him  I  was  not  going  to  be  shanghied ;  he  replied  that  I  was  not  going  to  be  ahanghied. 
I  told  him  that  this  Aressel,  the  Ajax,  was  a  southern  privateer,  and  that  I  believed  she 
had  guns  and  ammunition  onboard;  he  would' hardly  give  me  any  satisfaction,  but 
said  it  was  not  so.  I  told  him  the  captain  of  the  Fingal  was  on  board  to  take  charge 
of  her.  He  made  no  reply  to  this,  except  that  he  himself  was  captain  now.  The  cap- 
tain of  the  Fingal  kept  himself  concealed  as  much  as  he  could;  he  is  a  southern  man. 
After  we  got  into  Kingstown  we  got  on  the  rocks.  I  told  the  captain  I  would  not  go 
on  the  vessel  on  account  of  her  being  a  southern  privateer.  He  denied  this.  I  told 
him  she  had  guns  and  ammunition  on  board.  He  could  not  or  did  not  deny  this.   I  told 

him  that  if  he  did  not  let  me  go  on  shore  and  leave  the  vessel  that  I  would 
[584]  make  a  complaint  to  the  *  American  consul  and  to  a  magistrate,  and  have  the 
I****  vessel  seized  on  the  ground  of  her  being  a  confederate  privateer.  He  then  agreed 
that  I  might  leave  her  and  return  back  to  Glasgow,  which  I  did.  I  have  not  the  least 
doubt  about  her,  the  Ajax,  being  a  war- vessel  for  the  confederates  in  America.  All 
the  men  on  board  were  satisfied  that  she  was  a  privateer,  and  to  be  used  for  no  other 
purpose.  At  the  time  I  signed  the  articles  I  received  from  Captain  Adams  an  advance 
note  for  £3  10s.,  payable  by  Patrick  Henderson  &  Co.,  of  Glasgow,  ten  days  after  the 
ship  sailed.  I  knew  the  captain  of  the  Fingal ;  saw  him  when  in  command  of  her  at 
Savannah,  Georgia. 

(Signed)  JOHN  MELLEY. 

Sworn  and  subscribed  at  Glasgow,  before  me,  this  6th  day  of  Februarv,  1865. 

(Signed)  A.  GALBRAiTH,  J.  P. 


[In closure  2  in  Xo.  9.] 

Seamen's  advance  note. 

Glasgow,  January  9,  1865. 
Ten  days  after  the  departure  of  the  ship  Ajax,  from  the  last  port  or  place  in  the 
river  or  Firth  of  Clyde,  in  which,  from  any  cause,  she  may  be,iefore  finally  leaving 
for  the  voyage  for  which  this  note  is  issued,  pay  to  the  order  or  John  Melley  the  sum 
of  £3  10s.,  being  an  advance  of  wages,  provided  the  said  seaman  sails  and  continues 
on  board  of  the  vessel,  and  has  previously,  and  during  that  period,  been  duly  earning 
his  wages,  in  terms  of  the  articles  of  agreement. 

(Signed)  GEORGE  McADAM,  Master. 

£3  10s. 
To  Messrs.  P.  Henderson  &  Co., 

West  street,  V invent  Place. 


BRITISH    CASE    AND    PAPERS.  6G9 


[Inclosure  3  in  !No.  9.] 
Deposition  of  George  Smith, 


I,  George  Smith,  of  Dumbarton,  irort-ship  builder,  being  duly  sworn,  doth  depose 
and  say :  I  work  in  the  ship-yard  of  P.  Denny,  Dumbarton,  and  have  worked  there 
since  the  month  of  August  last  past.  I  worked  on  two  steamers  built  by  Mr.  Denny, 
one  called  the  Ajax,  which  sailed  for  Nassau  some  days  ago,  and  on  the  Hercules,  which 
is  still  at  Dumbarton,  and  now  nearly  ready  for  sea.  They  are  sister  ships,  are  known* 
in  the  yard  as  the  twin  screws,  and  built  off  of  the  same  model.  I  am  well  acquainted 
writh  their  construction,  and  everything  about  them.  The  frames  are  of  angle-iron, 
very  strong — stronger  than  I  ever  saw  in  vessels  of  their  size.  This  frame-work  is  cov- 
ered with  iron  plates  strongly  and  securely  riveted  to  the  frame- work  ;  the  inside  has 
cement  two  inches  thick,  and  then  on  the  inside  of  the  cement  a  wood  lining  four 
inches  in  thickness.  The  cement  does  not  come  up  to  water-mark,  but  the  wood  lining 
comes  up  above  this.  The  beams  that  support  the  upper  deck  are  very  close  and 
strong  for  vessels  of  this  size — strong  enough  to  support  guns  of  almost  any  size.  The 
hull  is  in  three  water-tight  compartments.  The  forecastle  is  fitted  up  with  twenty-two 
berths,  and  a  mess-table  for  this  number  of  men,  made  so  as  to  screw  up  to  the  ceiling. 
The  middle  compartment  is  fitted  up  with  twenty-six  berths,  some  of  them  large 
enough  to  hold  two  persons,  with  a  similar  mess-table  large  enough  to  accommo- 
date this  number  of  persons,  made  to  screw  up  to  the  ceiling.  The  after  cabin 
is  fitted  up  with  twelve  separate  state-rooms.  The  bulwarks  are  low;  a  pivot- 
gun  could  be  fired  right  over  them.  The  decks  of  the  vessel  are  flush  fore  and 
aft.  There  is  space  on  each  vessel  near  midships  where  pivot-guns  can  be  placed ; 
there  are  also  two  port-holes  cut  on  each  side  of  the  vessels,  making  four  port-holes  on 
each  vessel,  but  so  cut  and  concealed  that  they  would  not  be  observed  by  a  casual  in- 
spection ;  they  have  hinges,  and  are  secured  with  bolts  on  the  inside,  and  can  be 
opened  and  used  at  any  time.    These  port-holes  are  suitable  for  guns.     I  put  on  the 

hinges  for  those  on  the  Hercules,  this  very  day.  You  cannot  see  them,  the  port- 
[585]  holes,  from  the  ^outside.    From  the  best  of  my  judgment  these  port-holes  are 

for  guns;  I  cannot  see  that  they  can  be  used  for  any  other  purpose.  Each 
steamer  has  one  funnel  and  two  masts.  The  fore  masts  are  brig-rigged,  the  hind  mast 
schooner-rigged;  they  are  to  carry  very  large  sails.  The  screws  are  double,  and 
driven  by  two  engines.  The  boilers  and  engines  are  so  constructed  as  to  be  protected 
from  shot  or  shell  by  the  coal-bunkers.  There  is  an  apartment  under  the  fore-peak  all 
iron,  suitable  for  storing  powder,  and  which  has  the  appearance  of  a  magazine,  and 
suitable  for  that  purpose.  From  the  material  used  in  the  construction  of  the  Ajax  and 
Hercules,  the  strong  manner  they  are  built,  and  the  peculiar  construction  and  fittings, 
I  should  say  that  they  are  both  adapted  and  ha,ve  the  appearance  of  being  for  war 
purposes — what  are  called  and  generally  known  as  gun-boats — and  in  my  opinion  are 
intended  for  gun-boats,  and  for  war  purposes.  The  general  opinion  of  all  the  people, 
"workmen  in  the  yard,  is  that  they  are  for  war  purposes,  and  they  are  called  gun-boats 
by  them.  This  is  the  general  appellation  by  which  they  were  known  in  the  yard.  It 
is  not  known  for  whom  they  are  built  b}^  the  men,  but  they  suppose  and  think  for  the 
confederates  in  America. 

(Signed)  GEORGE  SMITH. 

Sworn  and  subscribed  to  before  me  this  Gth  day  of  February,  1885. 

(Signed)  .  WM.  W.  WATSON, 

One  of  Her  Majesty's  Justices  of  the  Peace  for  the  County  of  Lanark. 


No.  10. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  February  9,  1SG5. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
this  day's  date,  inclosing  copies  of  two  depositions  respecting  the  outfit 
of  the  two  vessels  from  Glasgow  called  the  Ajax  and  the  Hercules ;  and 
I  have  to  state  to  you  that  I  have  lost  no  time  in  communicating  copies 
of  these  papers  to  the  proper  departments  of  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  EUSSELL. 


670  TREATY    OF    WASHINGTON. 

No.  11. 

Mr.  Hammond  to  Mr.  Hamilton.1 

[Immediate.] 

Foreign  Office,  February  9, 1865. 
*  Sir  :  With  reference  to  my  letter  of  yesterday,  I  am  directed  by  Earl 
Eussell  to  transmit  to  you,  to  be  laid  before  the  lords  commissioners  of 
Her  Majesty's  treasury,  copies  of  a  further  letter  and  its  inclosures,  from 
Mr.  Adams,  relative  to  the  cases  of  the  vessels  Ajax  and  Hercules. 2 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  12 


Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  February  9, 1865. 
Sir:  With  reference  to  my  other  letter  of  this  day's  date,  in  which  I 

transmitted  copies  of  a  letter  from  Mr.  Adams,  and  its  inclosures,  relative 

to  the  cases  of  the  Ajax  and  Hercules,  I  am  now.  directed  by  Earl 
Eussell  to  request  that  you  will  move  Secretary  Sir  G.  Grey  to 

[586]    cause  copies  of  the  depositions  to  be  forwarded  *to  the  lord- 
lieutenant  of  Ireland  and  to  the  lord-advocate  of  Scotland,  with 

a  view  to  inquiries  being  instituted  with  regard  to  those  vessels. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


•  No.  13. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  February  9, 1865.    (Eeceived  February  9.) 
Sir:  I  have  laid  before  Secretary  Sir  George  Grey  your  letters  of  the 
8th  and  9th  instant,  and  their  inclosures,  from  the  American  minister 
at  this  court,  respecting  certain  alleged  infringements  of  the  neutrality 
of  Her  Majesty's  dominions  ;  and  I  am  to  acquaint  you,  for  the  informa- 
tion of  Earl  Eussell,  that  the  lord-advocate  has  been  requested  to  cause 
inquiry  to  be  made  as  to  the  ship  Hercules. 
I  am,  &c, 
(Signed)     .  H.  WADDINGTON. 


No.  14. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  February  17,  1865.     (Eeceived  February  18.) 
Sir  :  With  reference  to  my  letter  of  the  9th  instant,  I  am  directed  by 
Secretary  Sir  George  Grey  to  translate  to  you,  for  the  information  of 

1  A  similar  letter  was  addressed  to  the  Lome  office.  2  No.  9. 


BRITISH    CASE    AND    PAPERS.  671 

Earl  Russell,  copies  of  a  letter  from  the  lord-advocate  and  of  its  inclos- 
ures,  stating  the  result  of  the  inquiries  which  have  been  made  respect- 
ing the  vessels  called  the  Ajax  and  the  Hercules. 

I  am,  &c, 

(Signed)  H.  WADDINGTOK 

[Inclosure  1  in  No.  14.] 
Sir  J.  Moncrieff  to  Mr.  Waddinijtou. 

Edinburgh,  February  15,  1865. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  9th  instant, 
with  its  inclosures.  On  receipt  of  it  I  immediately  directed  the  Crown  agent  to  com- 
municate with  the  procurator-general  of  Dumbartonshire,  and  Mr.  Trevor,  the  collector 
of  customs  on  the  Clyde,  and  I  have  now  the  honor  to  transmit,  for  the  information  of 
Secretary  Sir  George  Grey,  the  result  of  the  inquiries  which  were  made  under  these 
directions.  , 

It  appears  from  Mr.  Trevor's  report  that  the  suspicions  attached  to  the  vessel  are 
entirely  without  foundation,  and  it  will  be  observed  that  Mr.  Trevor  is  of  opinion  that 
the  deposition  of  Smith,  of  which  I  thought  it  right  to  send  him  a  copy,  is  willfully 
false.  The  procurator-fiscal  also  says  that  he  does  not  find  the  name  of  Mr.  Watson, 
before  whom  the  affidavit  is  said  to  have  been  sworn,  in  the  list  of  the  justices  of  the 
peace  for  Lanarkshire. 

In  an  ordinary  case  I  should  have  thought  it  right  to  have  investigated  this  affidavit 
further,  with  a  view  to  criminal  proceedings  against  Smith,  should  there  ultimately 
have  appeared  to  be  ground  for  them  ;  but  I  thought  it  better  in  the  present  instance 
to  make  this  report,  the  documents  having  been  placed  in  my  hands  for  specific 
inquiry. 

I  have,  &c, 

(Signed)  J.  MONCRIEFF. 


[587J  *[Incfosnre  2  in  No.  14.] 

Mr.  Mitchell  to  Mr.  Murrmj. 

Procurator-Fiscal's  Office, 
Dumbarton,  February  13,  1865. 
Sir:  I  am  in  receipt  of  your  letter  of  the  11th  instant,  with  copy  of  deposition  of 
George  Smith,  and  I  have  made  inquiry  and  find  that  the  ship  in  question  is  at  present 
lying  in  the  harbor  here,  and  that  she  is  apparently  ready  for  sea.  But  Mr.  Trevor  has 
been  down  to-day,  and  has  made  an  examination  of  the  interior  of  the  vessel,  and  he 
tells  me  that  Smith's  description  of  the  construction  and  fittings  is  entirely  false,  and 
that  the  vessel  is  not  at  all  suitable  for  a  gun-boat  or  other  vessel  of  war. 

Mr.  Trevor  has  telegraphed  to  you  accordingly,  and  he  will  write  with  particulars. 
I  do  not  find  the  name  of  John  Watson  in  the  list  of  justices  of  the  peace  for  Lanark- 
shire. 

I  am,  &c, 

(Signed)  A.  MITCHELL,  F.  F. 


[In closure  3  in  No.  14.] 
Mr.  Trevor  to  Mr.  Murrmj. 

Custom-House,  Glasgow,  February  14,  1865. 

Sir  :  On  the  receipt  yesterday  of  your  letter  of  the  11th  instant,  transmitting  copy 
of  a  declaration  of  George  Smith,  relative  to  the  steamer  Hercules,  built  at  Dumbarton 
by  Mr.  P.  Denny,  I  immediately  proceeded  to  Dumbarton,  taking  with  me  myprincipal 
surveyor,  and  the  examining  officer,  who  had  previously  measured  for  registry  that 
vessel,  as  also  the  other  steamer  referred  to,  the  Ajax. 

The  declaration  of  Smith  is,  in  all  its  essential  parts,  false. 

The  vessel  is  not  strengthened  in  any  way  for  warlike  purposes.  There  are  four  ports, 
13  by  17  inches,  which  are  intended  to  let  the  water  oil'  the  decks,  and  cannot  be  used 
as  gun-ports,  being  nearly  flush  with  the  deck.  The  machinery  is  below  the  water- 
line,  which  is  very  common,  but  the  boilers,  steam-chest,  and  steam-pipes,  rise  high 
above  deck,  and  are  not  in  any  way  protected.    There  are  no  coal-bunkers  on  either 


672  TREATY    OF    WASHINGTON. 

side  of  engines  or  boilers,  and  the  boilers  at  the  water-line  are  2  feet  2  inches  only  from 
the  skin  of  the  vessel.  The  coal-bunker  is  what  is  termed  a  cross-bunker  before  the 
boilers.  The  only  closed-in  space  in  the  fore-hold  is  a  water-tank  of  iron,  fitted  with, 
pipes,  and  having  no  entrance  but  an  ordinary  man-bole,  consequently  unfitted  for  a 
magaziue.  There  is  no  wood  lining,  except  the  ordinary  ceiling  and  cabin  lining.  She 
is  fitted  for  a  tug-boat,  and  Mr.  Denny  not  being  at  borne  I  could  not  learn  ber  desti- 
nation. 

This  vessel  is  not  an  ordinary  merchant  vessel,  having  no  bold  for  cargo,  and  is  fitted 
with  a  cabin  aft,  containing  seven  state-rooms  (five  with  double  beds  and  two  single) 
and  a  fore  cabin  with  twenty-six  berths,  plainly  fitted  up  with  mess-tables,  lifting  up 
to  the  deck.  There  is  no  accommodation  for  crew  on  deck.  I  am  not  aware  that  ship- 
builders are  required  to  state  the  purpose  for  wbich  a  vessel  is  to  be  applied;  and  the 
only  precaution  we  can  exercise  is  to  see  that  she  is  not  fitted  for  warlike  purposes, 
which  this  vessel  is  not,  and  ber  speed,  I  am  told,  does  not  exceed  11  knots. 

The  sister  ship,  the  Ajax,  is  registered  in  the  name  of  Peter  Denny,  sole  owner,  -and 
is  similar  to  the  Hercules,  except  that  she  had  no  water  ports,  the  latter  being  a  sug- 
gestion of  the  captain  of  the  Ajax,  from  tbe  experience  that  his  vessel  shipped  more 
water  than  the  usual  scuppers  would  carry  off. 

Mr.  Denny's  manager  asked  me  if  my  information  came  from  a  man  named  Smith, 
and  be  explained  to  me  this  man  bad  been  employed  in  the  yard  till  October  last,  when 
be  left,  and  last  montb  be  applied  for  and  obtained  work  for  two  days,  and  he  made  a 
similar  application  this  month,  wben  be  was  employed  on  the  6th  instant  and  part  of 

the  7th  on  board  tbe  Hercules.     He  bad  agaiu  left  their  employment, 
f  588]     *  It  appears  to  me  this  man  has  made  a  willfully  false  declaration,  and  it  is  for 

tbe  consideration  of  the  lord  advocate  whether  he  sbould  not  be  prosecuted  for 
perjury. 

I  am,  &c, 

(Signed)  FRED.  TREVOR,  Collector. 


No.  15. 

Mr.   Waddington  to  J^fr.  Hammond. 

Whitehall,  February  20,  1865.     (Received  February  21.) 
Sir  :  With  reference  to  your  letter  of  the  9th  instant,  respecting  the 
vessels  Hercules  and  Ajax,  I  am  directed  by  Secretary  Sir  George 
Grey  to  acquaint  you,  for  the  information  of  Earl  Russell,  that  Sir 
George  Grey  has  received  a  communication  from  the  Irish  government 
stating  that  no  information  has  been  received  respecting  the  Ajax  since 
she  left  Kingstown  on  the  21st  ultimo. 
I  am,  &c, 
(Signed)  II.  WADDINGTON. 


No.  1(3. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  February  24, 1865. 

Sir  :  With  reference  to  my  letter  of  the  9th  instant,  I  have  the  honor 
to  state  to  you  that  I  have  received  from  the  home  department  a  report 
respecting  the  steamer  Hercules  now  building  at  Dumbarton,  from  which 
it  appears  that  the  suspicions  attached  to  that  vessel  are  entirely  with- 
out foundation,  and  that  the  deposition  of  the  man  Smith  is  willfully 
false.  I  also  learn  that  the  name  of  Mr.  Watson,  before  whom  the  affi- 
davit is  said  to  have  been  sworn,  is  not  to  be  found  in  the  list  of  the 
justices  of  the  peace  for  Lanarkshire. 

For  your  more  complete  information  I  inclose  a  copy  of  the  essential 


BRITISH    CASE    AND    PAPERS.  673 

portions  of  a  "report  on  this  matter  from  the  collector  of  customs  at 
Glasgow.1    - 

I  am,  &c, 

(Signed)  RUSSELL. 


No.  17. 
Mr.  Hammond  to  Mr.  Waddington. 

Foreign  Office,  February  25, 1865. 
Sir  :  I  have  laid  before  Earl  Russell  your  letter  of  the  17th  instant, 
and  its  inclosures,  reporting  the  result  of  the  inquiries  made  respecting 
the  vessels  Ajax  and  the  Hercules ;  and,  with,  reference  to  the  lord-advo- 
cate's observations  respecting  the  testimony  of  the  man  Smith,  I  am  to 
request  that  you  will  submit  to  Secretary  Sir  G.  Grey  the  propriety  of 
the  lord-advocate  being  instructed  to  prosecute  the  man  Smith  for  per- 
jury- 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  18. 
Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street, 
April  15, 1865.     (Received  April  7.) 
Sir  :  With  reference  to  your  letter  of  the  3d  of  February,  I  am  directed 
by  Mr.  Secretary  Cardwell  to  transmit  to  you,  for  the  infor- 
[589]    mation  of  Earl  Russell,  the  Enclosed  copy  of  a  dispatch  from  the 
governor  of  the  Bahamas  relative  to  the  steamer  Ajax,  alleged  to 
be  intended  for  the  service  of  the  Confederate  States. 
I  am,  &c, 
(Signed)  FREDERIC  ROGERS. 

[Iuclosure  1  in  No.  18.] 

Governor  Rawson  to  Mr.  Cardwell. 

Government-House,  Nassau,  March  8,  1865. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  confidential  dispatch  of 
the  10th  ultimo,  relative  to  the  suspicions  attaching  to  the  steamer  Ajax,  which  is 
expected  to  visit  this  port,  and  to  inclose,  for  your  information,  a  copy  of  a  letter  which 
I  received  by  the  same  post  from  Her  Majesty's  charge"  d'affaires  at  Washington,  inclos- 
ing one  from  the  Secretary  of  State  of  the  United  States  upon  the  same  subject. 

2.  The  Ajax  has  not,  up  to  the  present  time,  arrived  here,  but  I  have  communicated 
to  the  receiver-general  and  inspector  of  police  my  instructions  that  she  should  be  care- 
fully examined  and  closely  watched  if  she  should  come  here. 

3.  I  take  this  opportunity  of  mentioning  that  for  some  weeks  past  I  have  had  a 
report  made  to  me  of  every  steam-vessel  arriving  in  the  harbor,  with  special  notice  of 
anything  in  the  construction  or  equipment  of  any  which  differ  from  the  ordinary  block- 
ade-runners, and  the  officers  of  customs  are  on  the  alert  to  detect  and  report  any 
attempts  to  violate  the  provisions  of  the  foreign-enlistment  act. 

I  have,  &c,     i 

(Signed)  RAWSON  W.  RAWSON. 

P.  S. — March  11.— The  Ajax  arrived  this  morning.  Two  officers  of  customs  have 
been  placed  on  board  of  her. 

R.  W.  R. 

J  See  inclosure  3  in  No.  14. 

H.  Ex.  282,  vol.  ii 43 


674  TKEATY    OF    WASHINGTON. 

f  [Inclosure  2  in  No.  18.  J 

Mr.  Burnley  to  Governor  Bawson. 

Washington,  February  16,  1865. 
Sir  :  I  have  the  honor  to  transmit  to  yonr  excellency  herewith  a  copy  of  a  note 
which  I  have  received  from  the  Secretary  of  State  of  the  United  States,  relative  to  the 
movements  of  the  steamer  Ajax,  which  is  supposed  to  have  left  Kingstown,  Ireland,  for 
the  purpose  of  being  used  as  a  vessel  of  war. 
I  have,  &c, 
(Signed)  J.  HUME  BURNLEY. 


[Inclosure  3  in  No.  18.J 

Mr.  Seward  to  Mr.  Burnley. 

Department  of  State,  Washington, 

February  14,  1865. 
Sir:  Information  which  is  fully  credited  has  been  received  at  this  department,  that 
the  steamer  Ajax,  which  recently  sailed  from  Kingstown,  Ireland,  has  gone  out  for  the 
purpose  of  being  used  as  a  war-vessel ;  that  although  she  was  not  armed,  she  had  100 
hammocks  ready  to  be  put  up  ;  that  her  armament  has  gone,  or  will  go,  in  some  sailing- 
vessel,  to  meet  her  at  some  concerted  point,  to  be  there  transferred  to  her.  In  order 
the  more  effectually  to  screen  her  piratical  designs,  it  is  understood  that  she  will  visit 
Nassau  before  taking  on  board  her  armament. 

In  view  of  these  circumstances,  I  beg  leave  to  suggest  to  you  the  expediency  of  your 
putting  Her  Majesty's  authorities  at  Halifax,  Bermuda,  and  Nassau  on  their  guard,  to 
prevent  the  armament,  within  their  jurisdiction,  of  this  vessel  for  purposes  hostile  to 
the  United  States. 

I  have,  &c,    •  * 

(Signed)  .     W.  H.  SEWARD. 


[590]  *No.  19. 

Mr.  Elliot  to  Mr.  Hammond. 

Downing  Street,  April  19,  1865.  (Eeceived  April  20.) 
Sir  :  With  reference  to  your  letter  of  the  13th  of  February,  accom- 
panied by  a  letter  from  the  United  States  consul  in  London,  relative  to 
some  vessels  alleged  to  be  fitting  out  in  the  port  of  London  as  privateers, 
I  am  directed  by  Mr.  Secretary^  Oar  dwell  to  transmit  to  you  the  inclosed 
copy  of  a  dispatch  from  the* governor  of  Bermuda,  showing  that  all 
proper  vigilance  has  been  exercised  in  that  colony,  and  that  no  breach 
or  intended  breach  of  the  law  has  been  discovered.  It  does  not  appear 
to  Mr.  Cardwell  that  any  further  steps  are  necessary  in  the  matter. 

I  am,  &c, 

(Signed)  T.  FRED'K  ELLIOT. 


[Inclosure  in  No.  19.] 

Lieutenant-governor  Hamley  to  Mr.  Cardwell. 

[Extract.] 

Bekmuda,  March  15,  18G5. 

I  have  the  honor  to  acknowledge  the  receipt  of  your  dispatch  (confidential)  of  the 
18th  ultimo,  with  inclosures,  in  which  you  draw  my  attention  to  the  probable  visit  to 
Bermuda  of  two  vessels  named  respectively  the  Virginia  and  the  Louisa  Ann  Fanny, 
and  in  which  you  desire  me  to  have  those  vessels  watched  should  they  come  here. 

I  observe  also  mention  of  the  City  of  Richmond,  in  the  letter  of  Mr.  Morse,  the 
United  States  consul  in  London. 


BRITISH    CASE    AND    PAPERS.  675 

Further,  I  beg  to  acquaint  you  that,  by  a  communication  from  Her  Majesty's  charge" 
d'affaires  at  Washington,  I  am  requested  to  observe  another  steamer  named  the  Ajax. 
This  dispatch  will  therefore  have  reference  to  all  the  four  vessels  above  named. 
The  Ajax  has  not  appeared  in  Bermuda. 


No.  20. 

Sir  F.  Rogers  to  Mr.  Hammond, 

Downing  Street,  May  9,  1865.    (Received  May  10.) 
Sir  :  With  reference  to  iny  letter  of  15th  April,  I  am  directed  by  Mr. 
Secretary  Oardwell  to  transmit  to  you,  for  the  information  of  Earl  Rus- 
sell, copy  of  a  further  dispatch  from  the  governor  of  the  Bahamas 
respecting  the  steamer  Ajax,  which  had  been  alleged  to  he  intended  for 
the  service  of  the  Confederate  States. 
I  am,  &c, 
(Signed)  FREDERIC  ROGERS. 


[Inclosure  1  in  Ko.  20.] 

Governor  Bawson  to  Mr.  Oardwell. 

Government-House,  Nassau,  April  1,  1865. 
Sir:  In  a  postscript  to  my  dispatch  of  the  18th  ultimo,  I  reported  that  .the  steamer 
Ajax,  which  you  had  directed  me  to  keep  under  observation,  had  just  arrived  in  this 
port. 

2.  In  pursuance  of  your  instructions,  officers  of  customs  were  placed  on  hoard,  and 
remained  there  during  her  stay  here.  On  the  29th  ultimo  she  cleared  for  Bermuda,  in 
ballast,  with  a  moderate  number  of  seamen  and  firemen. 

3.  Nothing  suspicious  was  observed  about  her  while  she  remained  in  port ;  she  was 
thoroughly  rummaged,  and  found  to  have  nothing  but  coals  on  board.  The  only  cir- 
cumstances that  attracted  attention  at  the  time  were  the  appointment  of  an  officer 

belonging  to  the  confederate  navy  to  the  command  of  her,  and  the  delivery  of 
T591]  letters  to  that  officer,  at  a  late  hour  of  the  night,  by  the  master  of  the  Louisa  *Ann 

Fanny,  as  she  passed  this  port,  without  entering  the  harbor,  on  her  way  back 
from  Havana. 

4.  But  I  am  informed  that  the  appointment  in  question  was  made  merely  to  afford 
employment  to  the  above  officer ;  that  nothing  has  been  done,  or  attempted,  to  prepare 
her  for  any  warlike  purpose ;  that  it  was  never  intended  so  to  employ  her  ;  and  that 
she  was  intended  and  adapted  to  be  employed  as  a  tug,  and  is  actually  fitted  up  with 
powerful  apparatus  for  that  purpose. 

5.  Notwithstanding  my  faith  in  the  veracity  of  my  informant,  I  deemed  it  expedient 
to  send  a  communication  by  her  to  the  acting  governor  of  Bermuda,  of  which  I  inclose 
a  copy ;  and  I  also  wrote  about  her  to  Her  Majesty's  consul-general  at  Havana.  A 
copy  of  my  letter  to  that  officer  is  annexed  to  my  dispatch  of  the  1st  instant.  I  also 
communicated  the  result  of  my  observation,  and  the  departure  of  the  vessel,  to  Her 
Majesty's  charge"  d'affairs  at  Washington,  for  the  information  of  Mr.  Secretary  Seward, 
in  a  letter  of  which  a  copy  is  annexed  in  the  same  dispatch. 

I  have,  &c, 

(Signed)  RAWSON  %V.  RAWSON. 


[Inclosure  2  in  No.  20.] 

Governor  Bawson  to  the  acting  governor  of  Bermuda. 

Government-House,  Nassau,  March  29,  1865. 
Sir  :  I  have  just  received  a  notice  that  the  Ajax  is  about  to  clear  for  Bermuda  to-day. 
Having  three  days  ago  received  the  assurance  of  her  owner  that  nothing  wrong  was 
intended  with  her,  I  have  been  at  ease  with  regard  to  her  since  then;  but  his  assur- 


676  TREATY    OF    WASHINGTON. 

ance  may  apply  only  to  proceedings  in  this  port,  and  attempts  may  be  made  at  Ber- 
muda to  prepare  her  for  some  unlawful  employment. 

2.  She  had  been  thoroughly  examined  here  by  our  customs  officers,  and  nothing 
found  in  her;  she  has  had  two  officers  on  board  since  she  has  been  here,  and  nothing 
suspicious  has  been  observed  or  known  to  have  been  shipped.  Her  commander  has 
been  changed,  and  is  now  a  confederate  officer ;  but  I  am  also  assured,  with  regard  to 
him,  that  it  is  because  the  confederate  government  have  at  present  no  active  employ- 
ment for  him. 

3.  My  attention  to  this  vessel  was  drawn  by  the  secretary  of  state,  and  by  the  United 
States  Government,  through  the  legation  at  Washington.  She  was  overhauled  at 
Kingstown,  in  Ireland,  but  no  sufficient  cause  of  detention  was  discovered. 

4.  She  now  appears  to  be  intended  for  a  tug.  It  is  suspected  that  she  was  intended 
as  a  tender  to  the  confederate  iron-clad  vessel  said  to  be  now  in  a  Spanish  port,  watched 
by  two  Federal  cruisers. 

5.  I  hope  that  this  will  be  in  time  for  transmission  by  the  Ajax. 

I  remain,  &c, 

(Signed)  EAWSON  W.  RAWSON. 


No.  21. 

Mr.  Hammond  to  Sir  F.  Rogers. 

Foreign  Office,  May  12, 1865. 

Sir  :  I  have  laid  before  Earl  Kussell  your  letter  of  the  9th  instant, 
inclosing  a  copy  of  a  dispatch  from  the  governor  of  the  Bahamas,  report- 
ing the  steps  he  had  taken  in  regard  to  the  steamer  Ajax ;  and,  in  reply,  I 
am  to  request  that  you  will  state  to  Mr.  Secretary  Cardwell  that  Lord 
Eussell  is.  of  opinion  that  the  governor's  proceedings  in  this  matter 
should  be  approved. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[592 J  *  No.  22. 

Mr.  Waddington  to  Mr.  Hammond. 

Whitehall,  June  19,  1865.  (Received  June  20.) 
Sir  :  With  reference  to  the  previous  correspondence  respecting  the 
Hercules,  I  am  directed  by  Secretary  Sir  George  Grey  to  transmit  to 
you,  for  the  information  of  Earl  Kussell,  a  report  by  the  metropolitan 
police,  of  the  results  of  the  proceedings  in  the  matter  of  George  alias 
Scorp  Smith. 

I  am,  &c, 

(Signed)  H.  WADDINGTON. 


[Inclosuro  in  No.  22.] 

Police  report. 

Metropolitan  Police  Office,  Scotland  Yard, 

June  13,  1865. 
I  beg  to  report,  in  reference  to  the  man  Smith,  alluded  to  in  the  attached  papers,  that 
on  Thursday,  the  8th  instant,  Mr.  Hart,  the  procurator-fiscal  of  Glasgow,  received,  in 
answer  to  his  letter  of  the  5th  instant,  a  communication  from  his  excellency  the 
American  minister,  in  which  Mr.  Hart  was  referred  to  Mr.  Dudley,  the  American  consul 
at  Liverpool,  to  whom  it  appears  the  original  affidavit  was  sent  by  the  American  consul 
at  Glasgow.    Mr.  Hart  immediately  wrote  to  Mr.  Dudley,  requesting  him  to  forward 


BRITISH    CASE    AND    PAPERS.  677 

the  affidavit,  and  on  10th  instant  he  received  an  answer  from  that  gentleman,  stating 
that  he  had  not  possession  of  the  declaration  in  question,  and  that  if  Mr.  Adams  had. 
not  got  it,  it  must  have  been  sent  to  the  United  States  Government  in  America.  Mr. 
Hart  then  said  that,  without  the  production  of  the  document  in  question,  no  proceed- 
ings could  be  taken  ;  that  he  would  immediately  communicate  these  particulars  to  the 
Crown  agent  at  Edinburgh,  and  that  there  was  no  necessity  for  Mr.  Thompson  and 
myself  remaining  any  longer  in  Glasgow. 
I  accordingly  at  once  returned  to  London,  and  Mr.  Thompson  to  Liverpool. 
I  also  beg  to  state  that  Smith's  Christian  name  is  George,  and  not  Scorp,  as  stated  in 
papers. 

(Signed)  JOHN  MULRANY, 

Sergeant  Detective. 
FRED'K  WILLIAMSON, 

Inspector  Detective. 


Ko.  23. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  June  28, 1865. 

Sir  :  I  had  the  honor,  on  the  24th  of  February  last,  to  forward  to  you 
a  copy  of  a  report  from  the  collector  of  customs  at  Glasgow,  showing 
that  an  affidavit  made  by  George  Smith,  and  of  which  a  copy  was 
inclosed  in  your  letter  of  the  9th  of  February,  with  regard  to  a  vessel 
called  the  Hercules,  was  willfully  false. 

I  have  now  to  acquaint  you  that  I  have  been  informed  by  Her 
Majesty's  secretary  of  state  for  the  home  department,  that,  in  obedience 
to  instructions  which  had  been  given  with  a  view  of  instituting  a  prose- 
cution against  George  Smith  for  perjury,  Mr.  Hart,  the  procurator-fiscal 
of  Glasgow,  has  applied  to  Mr.  Dudley,  the  United  States  consul  at 
Liverpool,  to  whom  he  was  referred  by  you  for  the  original  affidavit,  but 
that  Mr.  Dudley  states  that  he  has  not  got  it,  and  that  unless  it  is  at 
the  United  States  legation,  it  must  have  been  sent  to  his  Government 
at  Washington. 

Under  these  circumstances  the  proceedings  have  been  arrested,  as  the 
production  of  the  original  affidavit  is  necessary  for  the  prosecution  of 
the  case. 

I  am,  &c, 

(Signed)  EUSSELL.   •* 


i 

f593]  'VIRGINIA  AND  LOUISA  ANN  FANNY. 


[594] 


*  TABLE  OF  CONTENTS. 


Prom  whom  and  to  whom. 


Mr.  Adams  to  Earl  Kussell  . . 


Earl  Russell  to  Mr.  Adams. . . 

Foreign  office  to  treasury 

Treasury  to  foreign  office 

do 

Foreign  office  to  colonial  office 

Colonial  office  to  foreign  office 
do 


Earl  Russell  to  Mr.  Adams 

Colonial  office  to  foreign  office . 

do 


Date. 

Jan. 

30,1865 

Feb. 

1, 1865 

Feb. 

1, 1855 

Feb. 

4, 1865 

Feb. 

9, 1865 

Feb. 

13, 1865 

Feb.  18, 1865 

Feb.  19, 1865 

Apr. 

25, 1865 

May 

11, 1865 

June  5, 1865 

Subject. 


11    si 


Report  from  United  States  consul  in 
Loudon.  Two  vessels,  the  Virginia 
and  Louisa  Ann  Fanny,  fitting  out 
in  the  port  of  London  for  confed- 
erate service.  Difficulty  of  getting 
evidence  against  the  present  mode 
of  action. 

His  note  has  been  referred  to  the 
proper  department. 

Forwarding  Mr.  Adams's  note.  For 
inquiries  as  to  the  two  vessels. 

Report  of  the  customs  on  the  Louisa 
Ann  Fanny.  She  is  not  adapted 
for  warlike  purposes.  The  other 
vessel  cannot  be.  found. 

The  Virginia  is  believed  to  be  at  Nas- 
sau. 

Forwarding  copy  of  Mr.  Adams's 
note,  and  above  letter  from  the 
Treasury. 

Instructions  will  be  sent  to  Bermuda 
and  the  Bahamas  to  watch  the  ves- 
sels. 

Report  from  the  governor  of  Ber- 
muda of  the  visits  of  the  Virginia 
and  Louisa  Ann  Fanny.  Precau- 
tions taken. 

Communicating  the  substance  of  the 
above. 

Visit  of  Virginia  and  Louisa  Ann 
Fanny  to  Nassau.  ,,  Nothing  oc- 
curred to  justify  suspicion. 

Return  of  the  Louisa  Ann  Fanny 
from  Havana  to  Bermuda,  and  de- 
parture for  Nassau. 


Page, 
595 


596 


598 
599 

599 

599 

600 
601 

602 


Page. 
683 


684 
684 

665 


687 
687 


689 
690 

691 


[595]      'VIRGINIA  AND  LOUISA  ANN  FANNY 


No.  l. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  January  30,  1865.     (Received  January  30.) 
My  Lord:  I  have  had  the  honor  to  receive  your  note  of  the  27th  in- 
stant,1 in  answer  to  mine  of  the  16th,  furnishing  informa- 
tion of  certain  operations  of  the  emissaries  of  the  American  louwIa^faj^ 

.  -ii   •        ii   •       i    •  i  —Correspondence. 

insurgents  within  this  kingdom. 

I  have  now  the  honor  to  transmit  a  copy  of  another  letter  from  Mr. 
Morse,  the  consul  at  this  place,  giving  further  information  on  the  same 
subject. 

The  object  of  these  papers  is  to  furnish  cumulative  evidence  that  this 
kingdom  is  in  point  of  fact  yet  made,  as  it  has  been  heretofore  continu- 
ally made,  the  base  of  operations  hostile  to  the  people  of  the  United 
States  on  the  ocean,  by  the  agents  and  emissaries  of  the  insurgents,  in 
conjunction  with  British  subjects.  However  skillfully  this  action  may 
be  covered,  the  fact  itself  cannot  but  be  regarded  by  the  nation  liable 
to  be  seriously  affected  by  the  results  as  a  practical  violation  of  neu- 
trality, as  well  as  a  legitimate  cause  of  complaint. 

It  is  not  in  the  province  of  a  party  injured  by  such  a  steady  and  per- 
sistent course  of  aggression  to  enter  into  any  examination  of  a  suitable 
policy  of  prevention,  if  the  proper  means  are  not  already  in  existence. 
It  is  sufficient  for  the  present  purpose  that  it  should  endeavor  to  place 
upon  record  the  evidence  which  goes  to  justify  its  painful  sense  of  the 
wrong  that  is  committed  at  the  hands  of  a  nation  with  which  it  is  at 
peace. 

Renewing,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  in  No.  1.] 

Mr.  Morse  to  Mr.  Adams. 

United  States  Consulate, 

London,  January  27,  1865. 

Sir  :  The  privateersmen  who  left  the  Thames  on  the  City  of  Richmond  went  to  Cher- 
bourg,, France,  where  they  remained  on  board  about  one  week.  I  learn  from  our  con- 
sularagent  at  Cherbourg  that  they  are  now  on  board  a  steamer  at  Omanville,  waiting 
to  be  transferred  to  the  corsair  on  which  they  are  to  serve. 

The  City  of  Richmond  has  lqft  the  port  of  Cherbourg,  and,  as  is  supposed,  proceeded 
on  her  voyage  to  Bermuda,  for  which  island  she  cleared  from  the  port  of  London.  If 
the  men  were  intended  for  service  of  any  kind  on  the  other  side  would  they  not  have 
continued  their  voyage  in  the  City  of  Richmond,  as  she  is  nearly  new  and  in  the  late 
storm  on  the  coast  proved  an  excellent  staunch  sea-boat  ?     I  think  there  is  no  question 

1  Relating  to  the  case  of  the  Hawk. 


684  TREATY    OF    WASHINGTON. 

about  the  men  being  re-engaged  for  the  rebel  service,  and  received  £10  advance  here 
before  leaving. 

It  has  been  said  for  the  last  month  or  more  in  the  councils  of  confederate  agents  in 
Europe,  and  even  by  the  head  of  their  navy  department  in  Europe — Commodore  Bar- 
ran  himself— that  they  expected  to  get  out  two  privateers  at  least  by  the  last  of 
[596]  January  or  early  in  February.     Possibly  the  City  of  Richmond  *may  be  one  of 
them,  and  may  have  gone  to  the  place  appointed  to  take  on  board  her  armament, 
crew,  &c. 

There  are  two  ships  or  steamers  now  in  this  port,  of  which  there  are  better  reasons 
for  suspicions  than  there  were  of  the  Sea  King,  now  the  Shenandoah.  One  is  the  Vir- 
ginia, a  few  days  ago  the  Zealous.  She  is  a  sister  ship  to  the  City  of  Richmond.  She 
is  nearly  new,  over  450  net,  and  said  to  be  a  remarkably  fine  vessel.  She  went,  I  learn, 
to  Greenhithe  that  morning.  She  has,  so  far  as  known  to  us,  nothing  but  coals  in  at 
present,  and  had  not  cleared  for  any  port  last  evening,  though  her  crew  signed  articles  for 
Bermuda,  and  there  their  engagement  ends.  She  will  probably  leave  the  river  tomor- 
row, perhaps  earlier.  The  other  is  a  double-screw  steamer,  just  completed  by  Mr. 
Dudgeon,  the  builder  of  the  privateers  Tallahassee  and  Chicamauga.  She  is  now 
called  No.  40,  and  is  entered  out  for  Bermuda.  I  have  seen  this  steamer,  and  think  she 
must  be  not  far  from  800  tons,  and  not  at  all  suitable  for  blockade  running — she  is  too 
large  and  draws  too  much  water. 

Like  the  Sea  King,  any  steamer  now  destined  for  privateering  fits  away  as  a  commer- 
cial vessel,  and  there  is  nothing  about  her  movements  before  she  leaves  port,  or  until 
within  a  few  hours  of  her  leaving,  when  she  may  suddenly  change  owners,  and  her 
master  be  given  authority  to  sell  at  a  given  sum  out  of  British  waters,  to  create  any 
mistrust  of  the  purpose  of  those  who  control  her  here.  Under  such  a  mode  of  opera- 
tions it  is  next  to  impossible  for  us  to  get  testimony  in  season,  and  sufficiently  strong 
to  ask  for  their  detention.  The  only  course  left  me,  therefore,  is  to  call  your  attention 
to  all  cases  offering  any  reasonable  ground  of  suspicion,  and  leave  them  to  be  disposed 
of  as  you  may  deem  expedient.  No.  40  is  now  in  Victoria  dock. 
I  remain,  &c, 
(Signed)  F.  H.  MORSE. 

P.  S. — Since  writing  the  above  I  have  learned  that  the  double-screw,  No.  40,  has 
Louisa  Ann  Fanny  on  her  stern,  without  stops  between  the  names.  She  'is  nine  hun- 
dred tons,  and  the  men  on  board,  who  went  on  the  trial-trip,  say  she  went  eighteen 
miles  per  hour.     This  is  probablv  an  exaggeration,  but  no  doubt  she  is  very  fast. 

F.  H.  M. 


Xo.  2. 

Earl  Russell  to  Mr.  Adams.  • 

Foreign  Office,  February  1,  1865. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  30th  ultimo,  io closing  a  copy  of  a  letter  addressed  to  you  by  Mr. 
Morse  respecting  two  vessels,  the  Virginia  and  the  Louisa  Ann  Fanny, 
which  are  suspected  to  be  intended  for  the  service  of  the  so-styled  Con- 
federate States ;  and  I  have  to  inform  you  that  I  have  referred  these 
papers  to  the  proper  department  of  Her  Majesty's  government  in  order 
that  dne  inquiry  may  be  made  in  the  matter. 

I  am,  &c., 

(Signed)  EUSSELL. 


STo.  3. 

Mr.  Hammond  to  Mr.  Hamilton. 

Foreign  Office,  February  1,  1865. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you  copies  of  a 
note  and  its  inclosnres  from  Mr.  Adams,  respecting  two  vessels,  the 


BRITISH    CASE    AND     PAPERS.  685 

Virginia  and  the  Louisa  Ann  Fanny,  which  are  suspected  to  be  intended 
for  the  service  of  the  so-styled  Confederate  States  ;x  and  I  am  to  request 
that  you  will  move  the  lords  commissioners  of  Her  Majesty's  treasury 
to  make  inquiries  whether  any  evidence  can  be  procured  against  these 
vessels. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[597]  *No.  4. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
February  4, 1865.   (Received  February  4.) 
Sir:  With  reference  to  your  letter  of  the  1st  instant  respecting  the 
vessels  the  Virginia  and  Louisa  Ann  Fanny,  which  are  supposed  to  be 
intended  for  the  service  of  the  Confederate  States  of  America,  I  am 
directed  by  the  lords  commissioners  of  Her  Majesty7s  treasury  to  trans- 
mit to  you  herewith,  for  the  information  of  Earl  Russell,  a  report  from 
the  commissioners  of  customs,  with  inclosures. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 


[Iuclosure  1  in  2sro.  4.] 
Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  February  4, 1865. 

Sir:  With  reference  to  your  letter  of  the  2d  instant,  transmitting  a  copy  of  a  letter 
from  the  foreign  office,  with  inclosures  in  original,  (herewith  returned,)  respecting  two 
vessels,  the  Virginia  and  Louisa  Ann  Fanny,  which  are  suspected  to  be  intended  for  the 
service  of  the  Confederate  States  of  North  America,  and  signifying  the  desire  of  the 
lords  commissioners  of  Her  Majesty's  treasury  that  the  board  would  cause  inquiry  to 
be* made,  as  requested  by  Earl  Russell,  whether  any  evidence  can  be  procured  against 
these  vessels,  I  am  directed  to  state  that  the  board  instructed  the  comptroller  of  the 
outdoor  department  to  make  immediate  inquiry  on  thg  subject,  and  I  am  now  desired 
to  transmit  to  you  copy  of  a  report  made  by  Mr.  Donnan,  assistant  surveyor  of  this 
revenue  at  the  Victoria  docks,  in  regard  to  the  vessel  Louisa  Ann  Fanny,  with  copy  of 
a  report  from  the  comptroller  stating  that  the  latter  vessel,  the  Virginia,  has  not  yet 
been  found. 

I  am  to  add  that  the  board  will  not  fail  to  report  the  result  of  the  further  inquiries 
now  making  with  respect  to  the  latter  vessel. 
I  am,  &c, 
(Signed)  J.  F.  GARDNER. 


flnclosure  2  in  Xo.  4.] 
Mr.  Donnan  to  Mr.  Hunt. 

Victoria  London  Docks,  February  4,  1865. 

Sir:  In  accordance  with  the  directions  I  received  yesterday  afternoon  from  the  in- 
spector-general, I  immediately  made  inquiries  respecting  the  steam-vessel  Louisa  Ann 
Fanny,  Pinchin,  master,  lying  in  the  Victoria  docks,  and  entered  outward  for  Bermuda, 
and  I  now  beg  to  report  to  you  the  result : 

She  is  42511J\)  tons  register  ;  she  is  schooner-rigged,  with  three  masts;  she  has  twin 
screw-propellers,  and  her  engines  are  said  to  be  280  horse-power;  she  is  280  feet  long, 

*No.  1. 


686 


TEEATY    OF    WASHINGTON. 


very  shallow,  drawing  only  12  feet  water  when  loaded;  her  bottom  is  very  flat,  and  no 
doubt,  whether  under  steam  or  canvas,  she  is  a  very  fast  sailer ;  she  is  built  of  f-incli 
plate,  with  light  angle-iron  ribs  and  supports,  and  is,  in  my  opinion,  only  adapted  for 
the  ordinary  purposes  of  commerce. 

From  the  peculiarity  of  her  build,  she  would  no  doubt  carry  more  than  double  the 
quantity  at  which  she  is  registered.  She  is  the  property  of  London  owners,  and  Mr.  R. 
Newman,  of  Harp  Lane,  is  the  broker ;  she  had  on  board  the  articles  named  on  the 
annexed  sheet,  besides  about  400  tons  of  coal,  and  I  am  informed  she  will  carry  a 
further  supply  of  the  latter  material ;  she  carries  a  crew  of  sixty-five  men,1  including 
seamen,  stokers,  engineers,  and  officers,  which  I  do  not  consider  too  many  for  such  a 

vessel  on  a  foreign  voyage;  she  will  ship  her  crew  to-day,  and  leave  London  some 
[598]  day  next  week  ;  she  has  no  guns  on  board,  nor  any  munitions  of  war,  *nor  is  she 

strong  enough  to  carry  any  guns,  or  other  heavy  ordnance  for  offense  or  defense,, 
so  that  she  is  not  calculated  for  privateering  or  other  war  purposes. 

I  am,  &c,  • 

(Signed)  JOHN  DONNAN, 

Assistant  Survey  w. 


Honorable  Sirs  :  I  beg  to  forward  a  report  from  the  surveyor  at  Victoria  docks  re- 
specting the  Louisa  Ann  Fanny,  and  have  to  state  that  at  present  the  other  vessel 
alluded  to  has  not  been  found,  but  that  careful  inquiry  is  being  made  for  her. 

(Signed)  CHARLES  HUNT. 

February  4,  1865. 


[Iiiclosure  3  in  No.  4.] 
Cargo  shipped  on  board  the  Louisa  Ann  Fanny,  Pinchin,  master,  for  Bermuda. 


2  cases  steel  tanks. 

4  bales  India  rubber. 
10  tons  pig-iron.  ( 

1  box  steam-gauges. 

5  bales  woolens. 
5  bales  woolens. 

5  drums  telegraphic  cables. 

1  case  instruments. 
24  bales  clothing. 

2  cases  saws. 
4  casks  saws. 

1  case  envelopes. 
17  casks  hardware. 
39  cases  hardware. 

6  bales  wearing  apparel. 

(Signed) 


8  cases  charts. 

2  cases  books. 

19  bales  flannel. 

1  bale  hosiery. 

2  cases  thread. 

2  cases  woolen  caps. 
1  case  hardware. 

27  bales  clothing. 

3  cases  writing-paper. 

6  bales  writing-paper. 

7  bales  blankets. 
38  cases  boots. 

10  anvils. 

4  casks  hardware. 

8  bales  blankets. 


J.  DONNAN, 

Assistant  Surveyor* 


No.  5. 

Mr.  Hamitton  to  Mr.  Hammond. 

Treasury  Chambers, 
February  9, 18(55.   (Received  February  9.) 
Sir  :  With  reference  to  your  letter  of  the  1st  instant,  relating  to  the 
vessels  Virginia  and  Louisa  Ann  Fanny,  suspected  of  being  intended 
for  the  service  of  the  CoDfederate  States,  I  am  commanded  by  the  lords 
commissioners  of  Her  Majesty's  treasury  to  transmit  herewith,  for  the 
information  of  Earl  Russell,  copy  of  a  further  report  from  the  board  of 
customs  on  the  subject  of  the  Virginia. 
I  am,  &c, 
(Signed)  GEO.  A.  HAMILTON. 

1  Three  officers,  5  engineers,  30  stokers,  18  seamen,  2  carpenters,  3  stewards,  2  cooks, 
1  purser,  1  purser's  mate;  total,  65. 


BRITISH    CASE    AND     PAPERS.  687 

[Inclosure  in  !No.  5.] 

Mr.  Gardner  to  Mr.  Hamilton. 

Custom-House,  February  8, 1865. 
Sir  :  With  reference  to  your  letter  of  the  2d  instant,  respecting  two  vessels,  the  Vir- 
ginia and  Louisa  Ann  Fanny,  in  this  port,  which  are  suspected  to  he  intended  for  the 
Confederate  States  of  North  America,  and  to  my  letter  of  the  4th  following,  reporting 
the  particulars  which  had  heen  ascertained  hy  the  officers  in  regard  to  the  latter,  I  am 
now  directed  to  state,  for  the  information  of  the  lords  commissioners  of  Her  Majesty's 
treasury,  that,  from  the  inquiries  which  have  heen  made,  the  Virginia  does  not  appear 
to  he  in  this  port. 

I  am  to  add  that  the  officers  have  heen  informed  that  a  vessel  named  the  Virginia 
was  at  Nassau  on  the  25th  ultimo,  and  that  she  was  formerly  called  the  Zealous,  which 
is  the  name  mentioned  in  the  American  consul's  letter  of  the  27th. 
I  am,  &c, 
(Signed)  J.  F.  GARDNER. 


[599]  *No.  6. 

Mr.  Hammond  to  Sir  F.  Rogers. 

Foreign  Office,  February  13, 1865. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  to  be  laid  be- 
fore Mr.  Secretary  Cardwell,  copies  of  a  letter  addressed  by  the  United 
States  consul  in  London  to  Mr.  Adams,  respecting  two  vessels,  the 
Virginia  and  Louisa  Ann  Fanny,1  said  to  be  fitting  out  in  the  port  of 
London  as  privateers,  and  of  a  letter  and  its  inclosures  from  the 
treasury,2  from  which  it  appears  that  a  vessel  named  the  Virginia  was 
at  Nassau  on  the  25th  ultimo. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  7. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street, 
February  18,  1866.     (Eeceived  February  20.) 
Sir  :  In  answer  to  your  letter  of  the  13th  instant,  relative  to  two  ves- 
sels said  to  be  fitting  out  in  the  port  of  London  for  the  service  of  the 
Confederate  States,  I  am  directed  by  Mr.  Secretary  Oardwell  to  acquaint 
you,  for  the  information  of  Earl  Eussell,  that  he  will  forward  copies  of 
the  correspondence  which  you  have  transmitted  to  this  department  to 
the  governors  of  Bermuda  and  the  Bahamas,  with  instructions  to  cause 
the  vessels  to  be  duly  watched  in  the  event  of  their  arriving  in  either  of 
those  colonies. 
I  am,  &c, 

(Signed)  FEEDEEIO  EOGEES. 

'No.  1.  2No.  5. 


688  TREATY    OF    WASHINGTON. 

No.  8. 

Mr.  Elliot  to  Mr.  Hammond. 

Downing  Street,  April  19, 1865.  (Eeceived  April  20.) 
Sir  :  With  reference  to  your  letter  of  the  13th  of  February,  accom- 
panied by  a  letter  from  the  United  States  consul  in  London,  relative  to 
some  vessels  alleged  to  be  fitting  out  in  the  port  of  London  as  priva- 
teers, I  am  directed  by  Mr.  Secretary  Cardwell  to  transmit  to  you  the 
inclosed  copy  of  a  dispatch  from  the  governor  of  Bermuda,  showing  that 
all  proper  vigilance  has  been  exercised  in  that  colony,  and  that  no 
breach  or  intended  breach  of  the  law  has  been  discovered.  It  does  not 
appear  to  Mr.  Cardwell  that  any  further  steps  are  necessary  in  the 
matter. 

I  am,  &c, 

(Signed)  T.  FEEDrK  ELLIOT. 


flnclosure  in  No.  8.] 
Lieutenant-Governor  Hamley  to  Mr.  Cardwell. 

Bermuda,  March  15,  1865. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  dispatch  (confidential) 
of  the  18th  ultimo,  with  inclosures,  in  which  you  draw  my  attention  to  the  proba- 
ble visit  to  Bermuda  of  two  vessels  named  respectively  the  Virginia  and  the  Louisa 
Ann  Fanny,  and  in  which  you  desire  me  to  have  those  vessels  watched  should  they 
come  here. 

I  observe,  also,  mention  of  the  City  of  Richmond,  in  the  letter  of  Mr.  Morse,  the 
United  States  consul  in  London. 

Further,  I  beg  to  acquaint  you  that,  by  a  communication  from  Her  Majesty's  charge" 
d'affaires  at  Washington,  I  am  requested  to  observe  another  steamer  named  the 
Ajax. 

This    dispatch    will    therefore    have    reference    to    all   the    four   vessels   above 
named. 
[600]      *1.  The  Virginia  has  been  here,  but  not  since  the  25th  January,  when  she 
left  with  cargo  for  Nassau. 

It  will  be  observed  that  this  is  the  same  date  on  which,  according  to  Mr.  Gardner's 
letter  to  Mr.  Hamilton  of  the  8th  February,  she  was  believed  to  be  at  Nassau. 

2.  The  Ajax  has  not  appeared  in  Bermuda. 

3.  The  City  of  Richmond  had  been  here,  and  had  left  for  Nassau  before  your  con- 
fidential letter  reached  me. 

4.  The  Louisa  Ann  Fanny  cleared  for  Havana  on  the  8th  instant,  the  day  on  which 
your  confidential  dispatch  was  received. 

5.  The  City  of  Richmond  arrived  here  with  the  reputation  of  having  been  used  for 
belligerent  purposes  elsewhere.  She  was  therefore  strictly  watched,  and  her  state  and 
proceedings  were  matters  of  especial  consideration  to  the  privy  council,  the  attorney- 
general,  and  myself. 

Notwithstanding  the  vigilance  used  toward  her,  and  the  attention  which  she  at- 
tracted, I  am  not  aware  of  any  fact  whatever  indicating  that  she  broke  the  law  here 
or  was  preparing  to  break  it  elsewhere.  After  she  had  obtained  her  clearance,  there 
was  much  quarreling  among  the  crew,  the  master,  and  the  agents.  I  was 'asked  first 
by  the  master,  and  afterward  by  th«  agents,  to  detain  the  ship  for  the  purpose  of  hav- 
ing those  disputes  adjusted;  but  I  was  advised  that  I  could  not  interfere.  Finally, 
the  agents  obtained  an  order  from  the  judge  of  the  admiralty  court,  but  in  the  mean 
time  the  ship  had  gone  to  sea.  I  have  seen  her  arrival  at  Nassau  announced  in  an 
island  newspaper.  \ 

6.  The  Louisa  Ann  Fanny  came  here  loaded.  She  did  not  enter  her  cargo,  but  only 
came  in  to  coal  on  her  way  to  Havana.  While  here  application  was  made  to  ship 
the  following  articles,  viz :  300  sacks  saltpeter,  113  cases  rifi.es,  100  cases  merchandise, 
8  cases  revolvers,  and  100  bales  wrapping-paper. 

The  request  was  referred  to  me,  and  I,  having  been  advised  that  there  was  no 
sufficient  cause  for  prohibiting  the  shipment,  allowed  it  to  take  place.  Either  this 
is  not  the  same  vessel  as  that  of  the  same  name   mentioned  by  Mr.  Morse  in  his 


BRITISH    CASE    AND    PAPERS.  '     689 

letter  of  the  27th  of  January  to  Mr.  Adams,  or  else  that  gentleman  overrates  her 
draught. 

Asfar  as  I  can  ascertain,  her  draught  differs  hut  little  from  that  of  some  notorious 
blockade-runners,  and  affords  no  evidence  that  she  was  built  for  other  than  the  block- 
ade-running service. 

The  ship  was  closely  watched,  but  nothing  was  discovered  to  indicate  that  her  em- 
ployment was  not  strictly  mercantile. 

Whenever  an  American  ship  has  come  hither  under  reasonable  suspicion  of  warlike 
intention  she  has  been  strictly  watched.  In  no  instances  has  it  been  proved  that  a 
ship  has  armed  here.  There  is,  however,  some  reason  for  supposing  that  illegal  pur- 
poses have  been  frustrated  by  vigilance. 

Uncertainty  and  indecision  have  characterized  the  recent  proceedings  of  professing 
blockade-runners.     They  appear  to  be  thoroughly  disconcerted. 
I  have,  &c. 
(Signed)  *  W.  G.  HAMLEY. 


No.  9.  * 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  25, 1865. 

Sir  :  In  my  letter  of  the  1st  of  February  I  had  the  honor  to  inform 
you  that  due  inquiry  should  be  made  respecting  the  proceedings  of 
two  vessels,  the  Virginia  and  Louisa  Ann  Fanny,  to  which  you  had 
called  my  attention  in  your  letter  of  the  30th  of  January. 

I  have  now  the  honor  to  state  to  you  that  a  report  has  been  received 
from  the  lieutenant  governor  of  Bermuda  respecting  these  vessels,  as 
well  as  respecting  the  City  of  Richmond,  which  was  mentioned  in  the 
letter  from  Mr.  Morse,  which  accompanied  your  note,  and  the  steamer 
Ajax,  to  which  the  attention  of  the  lieutenant-governor  of  Bermuda  had 
been  called  by  a  communication  from  Her  Majesty's  charge  d'affaires  at 
Washington. 

The  lieutenant-governor  states,  first,  as  to  the  Virginia,  that  she  had 
been  at  Bermuda,  but  not  since  the  25th  of  January,  when  she  left  with 
cargo  for  Nassau. 

•  2d.  That  the  Louisa  Ann  Fanny  cleared  for  Havana  on  the 
[601]  8th  of  *  March,  the  day  on  which  the  instructions  respecting  her 
reached  the  lieutenant-governor. 

3d.  That  the  Ajax  had  not  appeared  in  Bermuda. 

4th.  That  the  City  of  Richmond  has  been  at  Bermuda,  but  had  left 
for  Nassau  before  the  instructions  respecting  her  arrival. 

With  regard  to  this  latter  vessel  the  lieutenant-governor  states  that 
as  she  arrived  with  the  reputation  of  having  been  used  for  belligerent 
purposes  elsewhere  she  had  been  strictly  watched,  and  her  state  and 
proceedings  had  been  matters  of  especial  consideration  on  the  part  of 
the  authorities ;  but,  notwithstanding  the  vigilance  used  toward  her, 
and  the  attention  she  attracted,  the  lieutenant-governor  was  not  aware 
of  any  fact  whatever  indicating  that  she  broke  the  law  at  Bermuda,  or 
was  preparing  to  break  it  elsewhere.  After  the  City  of  Richmond  had 
obtained  her  clearance  the  lieutenant-governor  was  appealed  to  by  vari- 
ous parties,  between  whom  disputes  respecting  her  had  arisen,  to  cause 
the  ship  to  be  detained ;  but  the  lieutenant  governor  was  advised  that 
he  could  not  interfere. 

With  regard  to  the  Louisa  Ann  Fanny  the  lieutenant-governor  ob- 
serves that  she  arrived  loaded,  but  that  while  at  Bermuda  she  applied 
for  permission  to  ship  some  saltpeter,  rifles,  and  other  merchandise ; 
and  that  the  lieutenant-governor  having  been  advised  that  there  was 
H.  Ex.  282,  vol.  ii 44 


690  TREATY    OF    WASHINGTON. 

no  sufficient  cause  for  prohibiting  the  shipment  allowed  it  to  take  place. 
The  lieutenant-governor  further  states  that  either  this  is  not  the  same 
vessel  as  that  mentioned  by  Mr.  Morse  in  his  letter  to  you,  or  else  that 
Mr.  Morse  greatly  overrates  her  draught,  which  differs  little,  so  far  as 
the  lieutenant  governor  could  ascertain,  from  that  of  several  notorious 
blockade-runners,  and  affords  no  evidence  that  she  was  built  for  other 
than  the  blockade-running  service.  She  was  closely  watched,  but  noth- 
ing was  discovered  to  indicate  that  her  employment  was  not  strictly 
mercantile. 

The  lieutenant-governor  adds  that  whenever  a  ship  has  arrived  at  the 
Bermudas  under  reasonable  suspicion  of  warlike  intention  she  has  been 
strictly  watched  j  that  in  no  instance  it  has  been  proved  that  a  ship 
has  armed  there  ;  and  that,  on  the  other  hand,  there  is  good  reason  for 
believing  that  illegal  purposes  have  been  frustrated  by  vigilance. 
I  am,  &c, 
(Signed)  EUSSELL. 


No.  10. 
Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street,  May  11, 1865.     (Received  May  12.) 
Sir  :  With  reference  to  your  letter  of  the  13th  of  February,  I  am  di- 
rected by  Mr.  Secretary  Card  well  to  transmit  to  you,  for  the  information 
of  Earl  Russell,  the  inclosed  copy  of  a  dispatch  from  the  governor  of 
the  Bahamas  respecting  the  two  steamers  Virginia  and  Louisa  Ann 
Fanny,  or  Fanning,  which,  it  has  been  alleged  by  the  United  States  con- 
sul in  London,  were  intended  for  the  service  of  the  Confederate  States. 
I  am,  &c, 
(Signed)  FREDERIC  ROGERS. 


••       [In closure  in  No.  10.] 
Governor  Rawson  to  Mr.  CardweU. 

Government  House,  Nassau,  March  31,  1865. 

Sir  :  In  reply  to  your  dispatch  of  the  18th  of  February,  confidential,  instructing  me 
to  cause  the  two  steamers  Virginia  and  Louisa  Ann  Fanny  to  be  watched,  in  the  vent 
of  their  arriving  at  Nassau,  in  consequence  of  a  representation  made  to  the  foreign  of- 
fice by  the  United  States  consul  at  London,  I  have  the  honor  to  report  that  both  these 
steamers  have  visited  this  port,  and  that  nothing  has  transpired  here,  in  conn  ection 
with  either,  to  create  a  suspicion  that  they  are  intended  for  warlike  purpores,  or  for 
the  naval  service  of  the  Confederate  States. 

2.  The  Virginia  is  now  in  the  harbor.  It  is  not  known  that  she  ever  bore  any 
[602]  other  name.  She  arrived  here  on  he  29th  January  from  Bermuda,  with  a  *cargo 
of  pork  and  coffee,  reported  not  to  be  landed.  She  cleared  out  on  the  2d  Febru- 
ary for  Saint  John's,  New  Bruuswick,  doubtless  with  the  intention  of  endeavoring  to 
run  the  blockade  into  Wilmington  ;  but  finding  that  port  closed  by  the  capture  of  Fort 
Fisher,  she  returned  hither  on  the  8th  February,  with  the  same  cargo  on  board,  which 
has  since  been  discharged  here.  There  has  been  nothing  in  her  outfit,  cargo,  or  pro- 
ceedings to  distinguish  her  from  an  ordinary  blockade-runner.  She  is  one  of  a  new 
class  of  fine  powerful  steamers,  of  which  several  have  been  built,  and  some  sent  out, 
intended  to  carry  on  the  trade  with  Wilmington,  which  was  accessible  to  a  larger 
class  of  steamers  than  Charleston. 

3.  The  screw-steamer  Lousia  Ann  Fanning  is,  doubtless,  the  same  described  by  the 
United  States  consul  as  the  Louisa  Ann  Fanny.  Her  tonnage  is  not  800  or  900  tons, 
but  425  tons.      She  arrived  here  on  the  12th  March,  with  a  cargo  of  coal  and  assorted 


BRITISH    CASE    AND   PAPERS.  691 

merchandise,  reputed  not  to  be  landed.  She  did  not  enter  the  port,  and  cleared  out  on 
the  same  day  for  Havana.  There  is  no  reason  for  supposing  that  she  is  engaged  in,  or 
destined  for,  other  than  commercial  pursuits. 

4.  This  is  the  vessel  which  touched  here  on  the  night  of  the  23d  March,  and  sent  a 
boat  into  the  harbor  to  deliver  letters  to  the  captain  of  the  steamer  Ajax,  as  reported 
in  my  dispatch  of  the  1st  April.  But  the  object  of  this  may  only  have  been  to  convey 
to  a  person  employed  by  the  same  owners,  or  acting  in  the  same  interests,  the  latest 
information  or  instructions  from  Havana. 
I  have,  &c, 
(Signed)  RAWSON  W.  RAWSON. 


No.  11. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing  Street,  June  5, 1865.    (Eeceived  June  6.) 
Sir  :  With  reference  to  my  letter  of  11th  May,  I  am  directed  by  Mr. 
Secretary  Card  well  to  transmit  to  yon,  for  the  information  of  Earl  Rus- 
sell, the  inclosed  copy  of  a  dispatch  from  the  governor  of  the  Bahamas, 
respecting  the  steamer  Louisa  Aun  Fanny. 
I  am,  &c, 
(Signed)  FREDERIC  ROGERS. 


[Inclosure  in  No.  11.] 

Governor  Bawson  to  Mr.  Cardwell. 

Government  House,  Nassau,  May  3,  1865. 
Sir  :  In  my  dispatch  of  the  31st  March,  I  reported,  in  reply  to  your  inquiry  abont  a 
steamer  named  the  Louisa  and  Fanny,  that  a  steamer  named  the  Louisa  Ann  Fanning 
had  lately  twice  visited  this  port. 

2.  On  the  28th  ultimo  a  steamer,  reported  as  the  Louisa  Ann  Fanny,  arrived  here 
from  Havana,  and  left  two  days  after  for  Bermuda.  Having  been  led  to  make  inquiry 
about  this  vessel  I  have  ascertained  that  it  is  the  same  which,  upon  the  correct  report 
of  the  boarding-officer,  I  described  in  the  above  dispatch  as  the  Louisa  Ann  Fanning. 

3.  I  desire  to  correct  the  mistake,  although  it  does  not  appear  to  have  been  of  much 
importance,  as  the  receiving-general  informs  me  that  there  is  no  such  name  in  the  list 
of  British  steamers  as  the  Louisa  Ann  Fanning. 

I  have,  &c., 

(Signed)  RAWSON  W.  RAWSON. 


603]  *CITY  OF  RICHMOND. 


[604] 


*  TABLE  OF  CONTENTS. 


ti 

•  <o 

•5 

3 

S3 

From  whom  and  to  whom. 

Date. 

Subject. 

2  a 

gl 

a>  'si 

Page. 

Page. 

1 

Mr.  Adams  to  Earl  Eussell 

Jan.  14,1865 

Eeport  from  United  States  consul  in 
London.    Men  embarked  on  board 
the  City  of  Eichmond  for  the  con- 
federate service. 

605 

697 

2 

Foreign  office  to  home  office. . . 

Jan.  15,1805 

Forwarding  the  above  for  inquiry 

606 

698 

3 

Home  office  to  foreign  office. . . 

Jan.   16,1865 

The  mayor  of  Falmouth  will  be  direct- 
ed to  make  inquiries  if  the  vessel 
touches  there. 

606 

698 

4 

Earl  Eussell  to  Mr.  Adams  . . . 

Jan.  16,1865 

Acknowledging  receipt  of  his  note 

606 

699 

5 

Home  office  to  foreign  office. . . 

Jan.  19, 1865 

Eesult  of  inquiry  of  police.    Part  of 
the  crew  of  the  Florida  embarked 
on  City  of  Richmond  at  Greenhithe. 
Vessel  sailed  for  Nassau. 

636 

699 

6 

Earl  Eussell  to  Mr.  Adams  . . . 

Jan.  27,1865 

There  is  no  evidence  at  present  suffi- 
cient for  proceedings  against  the 
vessel  or  the  men. 

607 

699 

7 

Mr.  Adams  to  Earl  Eussell 

Jan.  30,1865 

Further  report  from  the  United  States 
couwul  in  London  as  to  the  move- 
ments of  the  City  of  Eichmond. 

608 

700 

8 

Colonial  office  to  foreign  office. 

Apr.  11,1865 

Arrival  of  the  City  of  Eichmond  at 
Nassau.    The  seamen  from  her  were 
put  on  board  the  confederate  cruiser 
Stonewall. 

608 

701 

9 

Lieutenant-Governor  Hamley 

^Mar.  15, 1865 

Visit  of  City  of  Eichmond  to  Bermuda. 

609 

702 

to  Mr.  Cardwell. 

Eeport  of  governor. 

10 

Law-officers  to  foreign  office  . . 

• 

Apr.  25,  1865 

'  As  to  the  supplies  furnished  by  the 
City  of  Eichmond  to  the  confederate 
cruiser  Stonewall.    There  is  no  evi- 
dence to  conduct  a  successful  prose- 
cution of  the  parties. 

609 

702 

11* 

Earl  Eussell  to  Mr.  Adams 

Apr.  25, 1863 

Communicating  report  of  governor  of 
Bermuda  as  to  visit  of  City  of  Eich- 
mond. 

Inclosing  copy  of  law-officers'  opinion. 

610 

703 

12 

Foreign  office  to  colonial  office. 

May    2,1865 

610 

703 

13 

Colonial  office  to  foreign  office 

June   5, 1865 

Departure  of  the  City  of  Eichmond 
from  Nassau  for  London. 

610 

703 

[605]  *CITY  OF  RICHMOND. 


No.  1. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  January  14, 1865.     (Received  January  14 — 4.50  p.  m.) 
My  Lord:  Since  dispatching  my  note  this  morning,1 1  have  received 
further  information  in  regard  to  the  subject  to  which  it  re-    ClTT 0P RlCHM0ND. 
lates,  from  the  same  source.    I  hasten  to  submit  to  your  correspondence. 
lordship's  consideration  a  copy  of  another  letter  from  Mr.  Morse,  dated 
this  morning. 

I  pray,  &c, 

(Signed)  CHARLES  FBANCIS  ADAMS. 


[Inclodure  in  No.  1.] 

Mr.  Morse  to  Mr.  Adams. 

United  States  Consulate, 

London,  January  14, 1865. 

Sir  :  I  am  informed  by  our  consular  agent  at  Calais,  and  other  equally  reliable  sources 
of  in  formation,  that  forty  seamen  and  officers  left  Calais  at  midnight  on  Tuesday 
night  last,  as  passengerts'on  the  steamer  Velocity,  for  London.  This  steamer  runs  be- 
tween Calais  and  London,  on  the  General  Steam  Navigation  Company's  line.  The  men 
did  not  come  to  London,  but  were  put  on  board  the  rebel  steamer  City  of  Richmond, 
somewhere  down  the  river.  When  those  who  controlled  the  City  of  Richmond  at 
Greenhithe  saw  that  their  movements  were  kept  under  observation,  the  steamer  was 
got  under  way  with  all  dispatch,  and  left  behind  nine  or  ten  of  the  London  priva- 
teersmen,  who  went  down  to  her  by  the  train  following  that  which  took  down  the  men 
who  succeeded  in  getting  on  board.  Thirty-six  men,  all  of  whom  are  said  to  have 
served  on  board  either  the  Alabama,  Georgia,  or  Florida,  are  known  to  have  gone  on 
board  at  Greenhithe.  These,  with  the  forty  men  and  rebel  naval  officers  from  Calais, 
who  joined  her  down  the  river,  make  seventy -six  men  on  board  the  City  of  Richmond, 
whom  Khe  is  taking  out  of  this  country  to  some  rebel  privateer. 

A  telegraph  from  Falmouth  last  evening,  not  received  until  this  morning,  informs 
me  that  the  City  of  Richmond  had  not  then  arrived  there,  but  was  expected.  I  shall 
be  promptly  notified  on  her  arrival  there,  should  she  go  there.  The  man  called  Cap- 
tain Early,  who  shipped  them,  went  down  the  river  on  the  steamer  with  them,  and  has 
not,  yet  returned.  The  men  who  left  this  port  are  mostly  English  subjects,  and  have 
been  in  the  rebel  privateering  service.  They  were  kept  under  observation,  and  partic- 
ularly cautioned  against  being  drawn  into  conversation  in  reference  to  their  shipment 
and  destination  by  any  person,  and  no  testimony  can  be  obtained  from  them.  The 
nine  or  ten  men  left  will  probably  be  sent  to  Calais,  or  to  the  City  of  Richmond  should 
she  touch  at  Falmouth  for  coal,  or  at  any  other  port  on  the  English  coast.  Should  the 
government  here  think  it  a  case  requiring  its  attention,  I  feel  quite  sure  that  all  these 
men  know  in  reference  to  their  shipment  and  destination  can  readily  be  obtained. 

Though  I  am  not  now  able  to  furnish  legal  proof  of  the  fact,  I  have  no  doubt  what- 
ever that  the  seventy-six  passengers,  except  the  officers  on  board  the  City  of  Rich- 
[606]  moud,  have  been  engaged  in  this  country  for  a  rebel  privateer.     Whether  *they 

delating  to  the  case  of  the  Hawk. 


698  TREATY    OF    WASHINGTON. 

are  to  join  the  Shenandoah  or  some  other  privateer  on  the  other  side  of  the  At- 
lantic, or  a  new  one  in  European  waters,  I  have  not  been  able  to  learn. 

I  learn  also  that  John  Seymour,  called  John  the  Greek,  and  another  foreigner,  have 
just  received  orders  to  engage  men  for  the  rebel  service. 

I  remain,  &c, 

(Signed)  F.  H.MORSE. 


No.  2. 

Mr.  Hammond  to  Mr,   Waddington. 

[Immediate.] 

Foreign  Office,  January  15, 1865. 
Sir  :  1  am  directed  by  Earl  Russell, to  transmit  to  you  herewith  copies 
of  two  letters  and  their  inclosures,  received  from  Mr.  Adams,1  respect- 
ing some  alleged  enlistments  for  the  service  of  the  Confederate  States; 
and  1  am  to  request  that,  in  laying  these  letters  before  Secretary  Sir 
George  Grey,  you  will  move  him  to  cause  inquiry  to  be  made,  and  any 
measures  to  be  taken  which  circumstances  may  appear  to  require,  and 
which  may  be  in  accordance  with  the  law. 
I  am,  &c. 
(Signed)  '  E.  HAMMOND. 


Mr.   Waddington  to  Mr.  Hammond. 

[Immediate.]  , 

Whitehall,  January  16, 1865.  (Received  January  16.) 
Sir  :  I  am  directed  by  Secretary  Sir  George  Grey  to  acknowledge  the 
receipt  of  your  letter  of  the  15th  instant,  transmitting  copies  of  two 
letters  and  their  inclosures  from  the  United  States  minister  at  this 
court,  respecting  some  alleged  enlistments  for  the  service  of  the  Con- 
federate States;  and  I  am  to  state  for  the  information  of  Earl  Russell 
that,  as  to  the  Hawk,  the  mayor  of  Liverpool  will  be  requested  to  make 
inquiries.  As  to  the  City  of  Richmond,  there  appears  to  be  at  present 
no  evidence  of  the  destination  and  the  intentions  of  her  commander 
which  could  be  submitted  to  the  law-officers  for  their  opinion  as  to  the 
legality  of  her  detention.  The  mayor  of  Falmouth  will  be  written  to, 
to  make  inquiries  if  the  City  of  Richmond  should  touch  at  this  port. 

I  am,  <&c, 

(Signed)  H.  WADDINGTOK 

P.  S. — Sir  Richard  Mayne  will  also  be  directed  to  obtain  information, 
as  far  as  he  is  able,  as  to  both  these  vessels. 

1  No  1 ;  and  a  second  relating  to  the  case  of  the  Hawk. 


BRITISH    CASE    AND     PAPERS.  699 

No.  4. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  16,  18G5. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letters  of 
the  14th  instant,  inclosing  copies  of  two  letters,  dated  respectively  the 
lOrh  and  14th  of  this  month,  which  have  been  addressed  to  you  by  the 
United  States  consul  in  London.  • 
I  am,  &c, 
(Signed)  RUSSELL. 


No.  5. 

Mr.  Baring  to  Mr.  Hammond. 
[Immediate.] 

Whitehall,  January  19,  1865.     (Received  January  19.) 
Sir:  With  reference  to  your  letter  of  the  15th  instant,  and  Mr.  Wad- 
dington's  reply  of  the  16th,  I  am  directed  by  Secretary  Sir  George 
1 607]    Grey  to  transmit  to  you,  *for  the  information  of  Earl  Russell, 
•'— * •-  ±  the  inclosed  copy  of  the  report  of  the  inquiry  which  has  been 
made  by  the  police  respecting  the  steamer  the  City  of  Richmond. 
I  am,  &c. 
(Signed)  '  .  T.  G.  BARING. 


[Inclosure  in  ~No.  5.  J 

Detective  officer's  special  report. 

Metropolitan  Police  Office,  Scotland  Yard, 

January  17,  1865. 

I  beg  to  report  that  I  Lave  made  inquiry,  in  conjunction  with  Police-Constable  Dyer, 
Thames  division,  and  have  ascertained  that  on  Tuesday,  the  10th  instant,  the  City  of  Rich- 
mond, (paddle-steamer,)  Scott,  master,  left  the  Victoria  docks,  and  went  down  the  river 
to  Greeuhithe.  On  Wednesday  morning  about  thirty-seven  seamen  came  from  London 
by  train,  and  went  on  board  of  her;  and  the  same  day  the  steamer  Velocity,  from  Calais, 
put  on  shore  at  Greenhithe  thirty-nine  seamen,  who  were  immediately  conveyed  in  boats 
to  the  City  of  Richmond.  The  men  who  came  from  London  were  brought  to  Green- 
hithe by  a'boarding-house  keeper  named  Hurley,  residing  in  Ratcliife  Highway.  They 
consisted  chiefly  of  foreigners,  and  I  am  informed  were  brought  from  Bahia  in  a  bark 
called  the  Linda.  They  were  a  portion  of  the  crew  of  the  Florida,  who  were  on  shore 
at  the  time  she  was  seized.  The  men  who  were  brought  from  Calais  were  also  chiefly 
foreigners.  It  is  stated  that  when  the  City  of  Richmond  sailed  two  or  three  of  the 
crew  were  left  behind ;  but  the  only  information  I  can  gain  about  them  at  present  is 
that  they  returned  to  London. 

The  City  of  Richmond  sailed  from  Greenhithe  about  1  o'clock  on  Wednesday  last, 
for  Nassau,  Bermuda. 

In  addition  to  the  seamen  who  came  down  from  London  there  were  three  or  four 
gentlemen  in  plain  clothes,  whose  luggage  had  French  railwav  labels  upon  it. 

(Signed)  FREDK.  WILLIAMSON, 

Inspector  Detective. 


No.  6. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  27,  1805. 
Sir:  With  reference  to  my  letter  of  the  16th  instant,  I  have  the 
honor  to  inform  you  that  it  does  not  appear  to  Her  Majesty's  govern- 


700  TREATY    OF    WASHINGTON. 

inent,  from  the  information  which  you  have  furnished  me,  or  from  such 
information  as  they  have  otherwise  been  able  to  obtain  respecting  the 
Hawk  and  the  City  of  Eichmond,  that  either  of  these  vessels  is  intended 
for  the  war-service  of  the  so-styled  Confederate  States,  still  less  that 
there  has  been  any  illegal  equipment  in  this  country  of  either  vessel. 

With  regard  to  the  men  supposed  to  have  enlisted  into  the  confed- 
erate service,  the  greater  part  of  whom  appear  to  have  already  sailed 
from  Nassau  by  the  City  of  Eichmond,  it  seems,  indeed,  to  be  probable 
that  they  came  together  for  some  purpose  connected  with  the  war- 
service  of  the  Confederate  States.  But  there  is  no  evidence  in  the 
possession  of  Her  Majesty's  government  -to  show  that  either  any  par- 
ticular persons  among  them,  being  natural-born  subjects  of  Her  Majesty, 
have  enlisted  in  that  service,  or  have  left  this  country  wTith  a  view  to 
such  enlistment,  or  that  any  of  them,  whether  natural-born  subjects  of 
Her  Majesty  or  not,  have  been  induced  to  enlist  in  this  country,  or  to 
go  from  hence  for  the  purpose  of  enlistment,  by  any  particular  person 
or  persons  now  amenable  to  Her  Majesty's  jurisdiction. 

The  information  which  Her  Majesty's  government  possesses  with  re- 
gard to  such  of  these  men  as  belong  to  the  Florida  rather  leads  to  the 
conclusion  that,  when  they  arrived  in  this  country  from  Bahia,  they,, 
whether  subjects  of  Her  Majesty  or  not,  were  already  in  the  confed- 
erate service,  and  that  no  new  enlistment  or  engagement  in  this  country 
need  be  supposed  in  order  to  account  for  thejr  coming  together  and 
going  out  to  a  port  from  whence  they  may  be  able  to  proceed  to  the 
Confederate  States. 

I  have  further  the  honor  to  state  to  you  that,  when  the  particular 
facts  relative  to  the  engagement  of  the  crew  of  the  Florida  were  under 
the  consideration  of  Her  Majesty's  government  on  the  occasion  of  the 
presence  of  some  of  them  at  Liverpool,  it  wras  found  that  they  had  been 
engaged  and  shipped  at  Mobile,  in  the  Confederate  States,  under 
[608]  circumstances  which  did  not  seem  to  Her  Majesty's  *government 
to  justify  the  expectation  that  they  could  be  successfully  prose- 
cuted for  any  offense  against  the  foreign-enlistment  act.  Whether  the  ' 
men  now  in  question  were  part  of  the  same  crew  or  were  enlisted  for 
the  Florida  at  some  other  place,  and  under  different  circumstances,, 
does  not  at  all  appear. 

Her  Majesty's  government  are  therefore  of  opinion  that  there  is  not 
at  present  any  such  evidence  before  them  of  a  violation  of  the  foreign- 
enlistment  act,  either  by  the  equipment  or  fitting  out  of  the  ships  Hawk 
and  City  of  Eichmond,  or  either  of  them,  or  by  the  enlistment  or  pro- 
curement of  men  in  this  country  for  the  confederate  wrar-service  as. 
wTould  instifv  them  in  taking  any  legal  steps  in  the  matter. 
I  am,  &c, 
(Signed)  EUSSELK 


No.  7. 

Mr.  Adams  to  Earl  Russell,  January  30,  1865. 

[See  correspondence  respecting  [the  Virginia  anl  Louisa  Ann  Fanny, 
No.  1,  page  683.J 


BRITISH    CASE    AND    PAPERS.  701 

[Inolosure  in  No.  7.] 
Mr.  Mcrse  to  Mr.  Adams. 

m 
[Extract.] 

United  States  Consulate, 

London,  January  27,  1865. 

The  privateersmen  who  left  the  Thames  on  the  City  of  Richmond  went  to  Cher- 
bourg, France,  where  they  remained  on  board  about  one  week.  I  learn  from  our  con- 
sular agent  at  Cherbourg  that  they  are  now  on  board  a  steamer  at  Omanville,  await- 
ing to  be  transferred  to  the  corsair,  in  which  they  are  to  serve. 

The  City  of  Richmond  has  left  the'port  of  Cherbourg  and,  as  is  supposed,  proceeded 
on  her  voyage  to  Bermuda,  for  which  island  she  cleared  from  the  port  of  London.  If 
the  men  were  intended  for  service  of  any  kind  on  the  other  side,  would  they  not  have 
continued  their  voyage  in  the  City  of  Richmond,  as  she  is  nearly  new,  and  in  the  late 
storm  on  the  coast  proved  an  excellent  staunch  sea-boat  ?  I  think  there  is  no  question 
about  the  men  being  re-engaged  for  the  rebel  service,  and  received  £10  advance  here 
before  leaving. 

It  has  been  said  for  the  last  month  or  more  in  the  councils  of  confederate  agents  in 
Europe,  and  even  by  the  head  of  their  navy  department  in  Europe,  (Commodore 
Barran  himself,)  that  they  expected  to  get  out  two  privateers  at  least  by  the  last  of 
January  or  early  in  February.  Possibly  the  City  of  Richmond  may  be  one  of  them, 
and  may  have  gone  to  the  place  appointed  to  take  on  board  her  armament,  crew,  &c. 


No.  8. 

Sir  F.  Rogers  to  Mr.  Hammond. 

Downing-  Street,  April  11, 1865.    (Received  April  11.) 
Sir  :  I  am  directed  by  Mr.  Secretary  Card  well  to  transmit  to  you,  for, 
the  consideration  of  Earl  Russell,  the  inclosed  copy  of  a  dispatch  from 
the  governor  of  the  Bahamas  respecting/the  steamer  City  of  Richmond, 
which  has  arrived  at  Nassau  from  London,  via  Bermuda,  carrying  a 
British  register,  but  which  is  supposed  to  belong  to  citizens  of  the 
Confederate  States. 
I  am,  &c, 
(Signed)  FREDERIC  ROGERS. 


[Inolosure  in  No.  8.] 
Governor  Baivson  to  Mr.  Cardwell. 

Government  House,  Nassau,  March  13,  1885. 

Sir  :  I  have  the  honor  to  report,  for  your  information,  the  arrival  in  this  port  from 
London,  via  Bermuda,  on  the  3d  instant,  of  the  steamer  City  of  Richmond,  master, 
Scott,  carrying  a  British  register,  but  supposed  to  belong  to  citizens  of  the  Con- 
federate States. 
[609]  *2.  The  master  has  had  a  dispute  with  the  agents,  and  the  officers  and  crew 
have  resisted  their  discharge  in  this  harbor.  Both  parties  have,  therefore,  been 
unusually  communicative  to  the  receiver-general  regarding  their  proceedings  on  their 
recent  voyage  hither,  and  have  given  him  the  following  information  : 

3.  After  clearing  at  London  for  this  port,  via  Bermuda,  they  shipped  at  Greenhithe, 
at  a  late  hour  in  the  evening,  a  large  quantity  of  arms  and  ammunition,  and  about 
seventy  seamen,  in  addition  to  their  own  crew.  They  went  to  Cherbourg,  where  they 
staid  about  five  or  six  days,  and  thence  to  a  small  island  off  POrient,  on  the  coast  of 
France,  where  they  remained  for  some  days,  until  they  were  joined  by  the  French-built 
iron-clad  steamer,  which  is  reported  to  have  been  purchased  for  the  service  of  the  Con- 
federate States,  when  the  arms,  ammunition,  and  seamen  were  put  on  board  of  her, 
and  several  of  the  crew  of  the  City  of  Richmond  were  induced  to  join  her.  The  latter 
vessel  then  proceeded  on  her  voyage  hither,  via  Bermuda.    The  officers  and  crew  have 


702  TREATY    OF    WASHINGTON. 

"been  discharged  here.    The  future  destination  of  the  vessel  is  not  known  to  the 
receiver-general. 

4.  I  have  consulted  the  attorney-general  with  reference  to  the  foregoing  illegal  pro- 
ceedings of  thft  vessel,  but  I  find  that  the  government  of  this  colony  has  no  power  of 
taking  action  against  the  vessel  or  against  any  of  the  persons  connected  with  her.  I 
therefore  report  the  circumstances  for  the  information  of  Her  Majesty's  government. 

I  have,  &c, 

(Signed)  RAWSON  W.  RAWSON. 


No.  9. 

Lieutenant-Governor  Hamley  to  Mr.  Cardivell. 

[Extract.] 

Bermuda,  March  15, 1865. 

The  City  of  Richmond  arrived  here  with  the  reputation  of  having 
been  used  for  belligerent  purposes  elsewhere.  She  was  therefore  strictly 
watched,  and  her  state  and  proceedings  were  matters  of  especial  con- 
sideration to  the  privy  council,  the  attorney-general,  and  myself. 

Notwithstanding  the  vigilance  used  toward  her,  and  the  attention 
which  she  attracted,  I  am  not  aware  of  any  fact  whatever  indicating 
that  she  broke  the  law  here  or  was  preparing  to  break  it  elsewhere. 
After  she  had  obtained  her  clearance  there  was  much  quarreling  among 
the  crew,  the  master,  and  the  agents.  I  was  asked  first  by  the  master, 
and  afterward  by  the  agents,  to  detain  the  ship  for  the  purpose  of  hav- 
ing* these  disputes  adjusted  5  but  I  was  advised  that  I  could  not  inter- 
fere. Finally,  the  agents  obtained  an  order  from  the  judge  of  the 
admiralty  court,  but  in  the  mean  time  the  ship  had  gone  to  sea.  I  have 
seen  her  arrival  at  Nassau  announced  in  an  island  newspaper. 


No.  10. 

The  law-officers  of  the  Crown  to  Earl  Russell. 

Lincoln's  Inn,  April  25,  1865.  (Received  April  26.) 
My  Lord  :  We  are  honored  with  your  lordship's  commands  signified 
in  Mr.  Murray's  letter  of  the  18th  instant,  stating  that  he  was  directed 
by  your  lordship  to  transmit  to  us  a  letter  from  the  colonial  office,  and 
its  inclosure,  respecting  the  arrival  at  Nassau  of  the  City  of  Richmond, 
after  having  been  engaged  in  conveying  seamen,  arms,  and  ammuni- 
tion to  the  Stonewall,  and  to  request  that  we  would  take  the  same  into 
our  consideration,  and  favor  your  lordship  with  our  opinion  whether  the 
parties  concerned  in  this  transaction  can  be  prosecuted  on  their  return 
to  this  country  for  their  proceedings  at  Greenhithe  or  elsewhere. 

In  obedience  to  your  lordship's  commands,  we  have  taken  these  papers 
into  our  consideration,  and  have  the  honor  to  report — 

That  there  is  not,  at  present,  any  evidence  before  us  on  which  a  suc- 
cessful prosecution  of  any  of  the  parties  could  be  conducted  if  they 
should  return  to  this  country. 

(Signed)  ROUNDELL  PALMER. 

R.  P.  COLLIER. 
ROBERT  PH1LLIMORE. 


BRITISH    CASE    AND    PAPEES.  703 

[610]  *No.  11. 

Marl  Russell  to  Mr.  Adams. 

[Extract.] 

Foreign  Office,  April  25, 1865. 

The  lieutenant-governor  of  Bermuda  states  *  *  *  * 
that  the  City  of  Eichmond  had  been  at  Bermuda,  hut  had  left  for  Nas- 
sau before  the  instructions  respecting  her  arrival. 

With  regard  to  this  latter  vessel,  the  lieutenant-governor  states  that, 
as  she  arrived  with  the  reputation  of  having  been  used  for  belligerent 
purposes  elsewhere,  she  had  been  strictly  watched,  and  her  state  and 
proceedings  had  been  matters  of  especial  consideration  on  the  part  of 
the,  authorities  ;  but,  notwithstanding  the  vigilance  used  toward  her 
and  the  attention  she  attracted,  the  lieutenant-governor  was  not  aware 
of  any  fact  whatever  indicating  that  she  broke  the  law  at  Bermuda,  or 
was  preparing  to  break  it  elsewhere.  After  the  City  of  Eichmond  had 
obtained  her  clearance,  the  lieutenant-governor  was  appealed  to  by 
various  parties  between  whom  disputes  respecting  her  had  arisen,  to 
cause  the  ship  to  be  detained ;  but  the  lieutenant-governor  was  advised 
that  he  could  not  interfere. 


No.  12. 

Mr.  Hammond  to  Sir  Frederic  Rogers. 

Foreign  Office,  May  2, 1865. 
Sir  :  I  am  directed  by  Earl  Eussell  to  inform  you  that,  on  the  receipt 
of  your  letter  of  the  11th  ultimo,  his  lordship  thought  it  right  to  con- 
sult the  law-officers  of  the  Crown  as  to  the  expediency  of  prosecuting 
the  parties  concerned  in  conveying  seamen  and  ammunition  from  this 
country,  on  board  the  City  of  Eichmond  steamer,  to  the  iron-clad  ram 
Stonewall ;  and  I  am  now  to  transmit  to  you,  to  be  laid  before  Mr.  Sec- 
retary Cardwell,  a  copy  of  the  law-officers7  opinion  on  this  subject. * 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  13. 

Sir  F.  Rogers  to  Mr.  Hammond, 

Downing  Street,  June  5, 1865.  (Received  June  6.) 
Sir:  With  reference  to  my  letter  of  the  11th  April,  I  am  directed  by 
Mr.  Secretary  Cardwell  to  transmit  to  you,  for  the  information  of  Earl 
Eussell,  the  inclosed  copy  of  a  dispatch  from  the1  governor  of  the  Ba- 
hamas, reporting  the  departure  from  Nassau  of  the  steamer  City  of 
Eichmond. 

I  am,  &c, 

(Signed)  FEEDEEIC  EOGEES. 

1  No.  10. 


704  TREATY    OF    WASHINGTON. 

[Inclosure  in  No.  13.] 
Governor  Bawson  to  Mr.  Car  dwell. 

Government  House,  Nassau,  May  1, 1865. 
Sir:  With  reference  to  my  dispatch  of  the  13th  March,  reporting  the  arrival,  in  this 
port,  of  the  steamer  City  of  Richmond,  which  had  been  concerned  in  providing  arma- 
ment for  the  confederate  ram  Stonewall  Jackson,  I  have  the  honor  to  report  that  she 
cleared  for  London,  in  ballast,  yesterday. 

(Signed)    '  RAWSON  W.  RAWSON. 


[611] 


RAPPAHANNOCK 


H.  Ex.  282,  vol.  ii 15 


[612] 


*  TABLE  OF  CONTENTS. 


Rappahannock. 


From  whom  and  to  whom. 


Date. 


Subject. 


®.2      c.2 


Admiralty  to  foreign  office 

Foreign  office  to  admiralty 

Consul  Hotham  to  Earl  Russell. 


Oct.    24,1863 


.do 


Earl  Russell  to  Lord  Lyons  . . . 
Mr.  Adams  to  Earl  Russell — 

Earl  Russell  to  Mr.  Adams. . . 
Foreign  office  to  admiralty. . . 
Admiralty  to  foreign  office. . . 


Mr.  Bernard  to  commissioners 
of  customs. 


Admiralty  to  foreign  office. . . 


Oct. 

24, 1863 

Nov. 

26, 1863 

Nov. 

27, 1863 

Nov. 

28, 1863 

Nov.  28,1863 


Nov. 

30, 1863 

Nov. 

30, 1863 

Dec. 

2, 1863 

Dec.     2, 1863 


Dec.     4, 1863 


.do 


Mr.  Adams  to  Earl  Russell. . . 

Earl  Russell  to  Mr.  Adams. . . 
Admiralty  to  foreign  office. . . 
Mr.  Adams  to  Eail  Russell. . . 
Admiralty  to  foreign  office*. . . 

Earl  Russell  to  Mr.  Adams. . . 


Dec. 

5, 1863 

Dec. 

5, 1863 

Dec. 

5, 1863 

Dec. 

11,  1863 

Dec. 

12, 1863 

Dec. 

15, 1863 

Dec.    16,1863 


Her  Majesty's  ship  Victor  sold  to 
Messrs.  Coleman  as  unserviceable. 
Is  their  application  for  her  masts 
and  rigging  to  be  granted  ? 

The  hull  of  the  vessel  may  be  sold,  but 
not  the  masts  and  sails. 

Arrival  of  the  confederate  vessel 
Rappahannock  at  Calais.  She  is  de- 
tained by  customs  authorities. 

The  Rappahannock  permitted  to  leave 
the  port.  She  is  the  hull  of  the 
Victor. 

Explanations  as  to  the  Rappahan- 
nock. She  was  sold  as  unservice- 
able, without  her  masts  or  sails. 
Her  crew  and  rigging  incomplete. 

Report  from  United  States  consul  in 
London.  Alleged  employment  of 
workmen  from  the  government 
dock-yards  in  rigging  the  vessel. 
The  Agrippina  and  Harriet  Pinck- 
ney  suspected  of  being  charged  with 
her  armament. 

Immediate  steps  will  be  taken  to 
verify  truth  of  statements  respect- 
ing the  Rappahannock. 

"Were  riggers  from  Her  Majesty's 
dock-yard  at  Sheerness  employed 
on  Rappahannock? 

The  Seylla  was  searched  and  no  gov- 
ernment property  found  on  board. 
She  was  not  fitted  by  dock- yard  men 
during  working-hours. 

Report  of  inquiries  made  at  Sheerness 
as  to  the  Rappahannock.  She  left 
Sheerness  secretly,  in  an  unfinished 
state. 

Explanations  as  to  the  sale  and  fitting 
out  of  the  Rappahannock,  late  Vic- 
tor, by  dock-yard  men .  Some  of  the 
latter  have  been  discharged. 

No  men  belonging  to  the  steam-re- 
serve were  employed  in  fitting  out 
the  Victor. 

Report  from  United  States  consul  in 
London,  with  affidavits  relating  to 
engagement  of  the  crew  of  the  Rap- 
pahannock. 

His  note  of  the  5th  instant  shall  be 
considered  by  Her  Majesty's  gov- 
ernment. 

Explanations  from  master  rigger  at 
Sheerness  relative  to  the  fitting  out 
of  the  Seylla,  late  Victor. 

Further  deposition  as  to  proceedings 
at  Sheerness  in  connection  with  sale 
of  Victor. 

Explanations  from  Mr.  Rumble,  in- 
spector of  machinery  afloat  at  Sheer- 
ness, as  to  his  proceedings  with  re- 
gard to  the  Seylla. 

Her  Majesty's  government  will  en- 
force the '  neutrality  laws  against 
those  who  may  have  transgressed 
them  in  the  case  of  the  Rappahan- 
nock. The  Agrippina  has  sailed 
from  Plymouth.  The  Harriet 
Pinckney  detained  there  for  re- 
pairs. 


Page. 
615 


615 
615 


616 
617 

618 
618 
618 

620 

620 

624 
624 

627 
627 
629 
630 

632 


Page. 
709 


708 


TREATY    OF   WASHINGTON. 


Table  of  contents — Continued. 


No. 

From  whom  aud  to  whom. 

Date. 

Subject. 

Page. 

Page. 

19 

Mr.  Adams  to  Earl  Russell 

Dec.   16,1863 

Proof  that  the  Rappahannock  is  reg- 
istered as  a  British,  ship,  and  owned 
by  a  British  subject,  R.  Gr.  Coleman  ; 
hopes  the  law  will  be  enforced. 

632 

728 

20 

Earl  Russell  to  Mr.  Adams 

Dec.   17,1863 

His  note  of  16th  instant  shall  be  con- 
sidered. 

635 

730 

21 

[614]     *Mr.  Adams  to  Earl 
Russell. 

Dec.   23,1863 

Further  depositions  as  to  the  outfit  and 
departure  of  the  Rappahannock,  and 
the  connivance  of  Her  Majesty's 

635 

730 

officers  at  Sheerness. 

22 

Earl  Russell  to  Mr.  Adams 

Dec.   24,1863 

The  above  depositions  shall  be  con- 
sidered. 

Further  depositions  relating  to  steam- 
ship Victor. 
^Above  depositions  have  been    com- 

641 

736 

23 

Mr.  Adams  to  Earl  Russell 

Jan.      9, 1864 

641 

737 

24 

Earl  Russell  to  Mr.  Adams 

Jan.    11,1864 

644 

739 

municated  to  proper  department  of 

Her  Majesty's  government. 

25 

Earl  Cowley  to  Earl  Russell  . . 

Mar.  27,1864 

The  Rappahannock  detained  by  the 
French    government  for  shipping  a 
crew  and  equipping  fpr  war  pur- 
poses. 

Depositions  from  United  States  con- 

644 

739 

26 

Mr.  Adams  to  Earl  Russell 

April  5,1864 

644 

740 

sul  at  Liverpool,  showing  agency  of 

Jones  &  Co.,  British  subjects,  in  en- 

listing British  subjects  for  the  con- 

federates. 

27 

Earl  Russell  to  Mr.  Adams 

April  6,1864 

Acknowledging  receipt  of  the  above  . 

646 

741 

28 

Mr.  Adams  to  Earl  Russell 

April  16, 1864 

Twenty-one  depositions  of    persons 
enlisted  in  the  United  Kingdom  for 
the   sei-vice   of    the   confederates. 
Hopes  that  such  violations  of  neu- 
trality will  be  checked. 

646 

742 

29 

Earl  Russell  to  Mr.  Adams 

April  18, 1864 

The  above  papers  shall  be  considered 
by  Her  Majesty's  government. 

659 

754 

30 

Mr.  Adams  to  Earl  Russell 

May     4, 1864 

Further  depositions  as  to  the  case  of 
Mr.  Rumble.    His  endeavors  to  ob- 
tain retraction  of  evidence  against 
him. 

Above  depositions  have  been  referred 

659 

754 

31 

Earl  Russell  to  Mr.  Adams 

May     7, 1864 

663 

757 

at  once  to  proper  department  of  Her 

Majesty's  government. 
Additional  depositions  showing  con- 

32 

Mr.  Adams  to  Earl  Russell 

May  23,1864 

663 

758 

tinuance  of  enlistments  of  British 

subjects  in  insurgent  service. 

33 

Earl  Russell  to  Mr.  Adams 

May  26,1864 

The  above  shall  receive  careful  atten- 
tion. 
The  Queen  vs.  Rumble.    Information 

670 

764 

34 

Treasury  to  foreigu  office 

June  16, 1864 

671 

765 

wanted  as  to  proceedings  of  the 

Rappahannock  at  Calais.     "Would 

like  to  see  Her  Majesty's  consul  at 

Calais. 

35     Earl  Russell  to  Earl  Cowley. . . 

June  16, 1864 

Requesting  that  the  required  infor- 
mation may  be  sent  at  once. 

671 

765 

36     Earl  Cowley  to  Earl  Russell . . . 

June  17, 1864 

The  Rappahannock  was  detained  by 

671 

766 

the     French     government    for    a 

breach  of  neutrality  in  adding  to 

her  crew  at  Calais. 

37 

Admiralty  to  foreign  office 

Feb.   16,1865 

No  foundation  for  statement  that  the 
Scylla  was  assisted-  by  government 
tugs  in  leaving  Sheerness  on  24th 
ultimo.    Court  of  inquiry  held. 

Communicating  the  above  informa- 
tion. 

Mr.  Rumble  placed  on  half-pay  for 

672 

767 

38 

Earl  Russell  to  Mr.  Adams 

Feb.   18,1865 

673 

767 

39 

Admiralty  to  foreign  office 

Feb.    28,1865 

673 

768 

aiding  parties  fitting  out  a  vessel 

of  war  for  a  belligerent  power. 

40 

Earl  Russell  to  Mr.  Adams 

Mar.     8, 1865 

Infoi-ming  him  of  decision  in  case  of 
Mr.  Rumble.        • 

674 

769 

[615]  'RAPPAHANNOCK 


Ko.  l.      * 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  October  24,  1863.     (Eeceived  October  24.) 

Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  acquaint  yon,  for  the  information  of  Earl  Russell,  that  on  RAPPAHAM0C£._ 
the  14th  of  September  last  they  accepted  an  offer  from  correspondence. 
Messrs.  R.  Gordon  Coleman  &  Co.,  for  the  purchase  of  Her  Majesty's 
ship  Victor,  gun-vessel  of  350  horse-power,  this  vessel  being  one  of  a 
number  which  it  was  considered  desirable  to  dispose  of,  not  being  fit  for 
Her  Majesty's  service,  and  that  firm  have  now  made  an  application  for 
the  masts  and  sails  of  the  Victor,  which  they  state  they  consider  as  hav- 
ing been  sold  with  the  vessel,  but  which  were  not  mentioned  in  the  letter 
from  this  department. 

My  lords  have  had  several  negotiations  with  Messrs.  Coleman  for  the 
purchase  of  vessels  out  of  Her  Majesty's  service,  but  under  the  present 
circumstances  my  lords  are  unwilling  to  sell  the  masts,  yards,  rigging, 
sails,  &c,  belonging  to  the  Victor,  without  ascertaining  whether  Lord 
Russell  sees  any  objection  to  such  a  course. 

My  lords  have  no  reason  to  suspect  that  the  Victor  is  purchased  for 
a  belligerent ;  she  is  considered  by  the  officers  of  this  department  to  be 
rotten  and  unserviceable,  and  when  she  was  inspected  by  Captain  Sher- 
rard  Osborn  with  a  view  to  her  being  taken  for  service  in  China,  her 
hull  was  considered  too  defective  to  make  it  worth  his  while  to  fit  her 
out  as  a  man-of-war. 

My  lords  would  be  glad  to  be  favored  with  an  early  reply. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


Xo.  2.     * 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  October  24,  1863. 
Sir  :  In  reply  to  your  letter  of  this  day's  date  I  am  directed  by  Earl 
Russell  to  request  that  you  will  inform  the  lords  commissioners  of  the 
admiralty  that  his  lordship  is  of  opinion  that  there  is  no  objection  to 
the  sale  to  Messrs.  R.  Gordon  Coleman  &  Co.,  of  the  hull  of  Her  Maj- 
esty's gun-boat  Victor,  but  Lord  Russell  thinks  it  advisable  that  the 
masts  and  sails  of  that  vessel  should  be  reserved  for  the  present. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


710  TREATY    OF   WASHINGTON. 

No.  3. 

Consul  Hotham  to  Earl  Russell. 

Calais,  November  26,  1863.  (Received  November  27.) 
My  Lord  :  I  think  it  right  to  inform  your  lordship  that  a  three- 
masted  screw-steamer  entered  this  port  at  about  a  quarter  past 
[616]  12  o'clock  this  day,  and  at  once  hoisted  the  colors  *of  the  Con- 
federate States  of  America.  For  some  time  she  gave  no  name, 
but  I  have  ascertained  this  afternoon  that  she  is  the  Rappahannock, 
750  tons,  commanded  by  Captain  Campbell,  and  that  she  left  Sheerness 
early  yesterday  morning.  She  was  off  this  port  yesterday  evening,  but 
only  entered  it  this  day.  She  is  an  old  vessel  purchased  in  London,  and 
though  said  to  be  British,  was,  I  believe,  formerly  a  Dutch  gun-boat, 
though  I  cannot  be  positive  on  this  head.  No  guns  or  ammunition  have 
been  found  on  board,  and  her  spars  and  rigging  are  incomplete.  She  is 
also  in  want  of  hands,  and  those  on  board  seem  to  be  more  of  the  car- 
penter and  shipwright  class  than  sailors.  She  is  at  present  detained  by 
the  custom-house  authorities,  but  it  is  expected  that  an  order  will 
shortly  be  received,  giving  her  permission  to  leave  this  port. 

Any  further  information  I  may  be  able  to  obtain  respecting  this  ves- 
sel I  will  at  once  communicate  to  your  lordship. 
I  have,  &c, 
(Signed)  BEAUMONT  HOTHAM. 


No.  4. 
Consul  Hotham  to  Earl  Russell. 

Calais,  November  27,  1863.  (Received  November  28.) 
My  Lord  :  With  reference  to  my  dispatch  of  yesterday's  date  report- 
ing the  arrival  in  this  port  of  the  confederate  steamer  Rappahannock, 
and  of  her  detention  by  the  custom-house  authorities,  I  have  the  honor 
to  inform  your  lordship  that  an  order  has  been  received  this  morning 
giving  her  permission  to  leave  this  port  whenever  her  captain  may  wish 
to  do  so,  and  that  she  is  not  to  be  interfered  with  in  any  way. 

I  have  this  day  ascertained  that  the  vessel  in  question  is  the  hull  of 
Her  Majesty's  steam-sloop  Victor,  350  horse-power,  lately  sold,  I  believe, 
by  Her  Majesty's  government  to  the  Messrs.  Wigram. 
I  have,  &c, 
(Signed)  BEAUMONT  HOTHAM. 


No.  5. 

Earl  Russell  to  Lord  Lyons. 

Foreign  Office,  November  28, 1863. 
My  Lord  :  I  transmit  to  you  herewith,  for  your  information,  copies 
of  two  dispatches  from  Her  Majesty's  consul  at  Calais,1  respecting  the 

1  Nos.  3  and  4. 


BRITISH    CASE   AND    PAPERS.  711 

arrival  at  that  port  from  Sheerness  of  a  steamer  under  confederate 
colors,  and  bearing  the  name  Eappahannock. 

As  this  circumstance,  to  which  allusion  is  made  in  the  morning  papers 
of  to-day,  may  attract  attention  in  the  United  States,  inasmuch  as  the 
vessel  arrived  at  Calais  from  Sheerness,  having  been  originally  in  the 
British  navy  as  the  steam  gun-vessel  Victor,  of  350  horse-power  and 
850  tons,  I  think  it  right  to  acquaint  you  that  on  the  14th  of  September 
last  the  lords  of  the  admiralty  accepted  an  offer  of  Messrs.  Gordon 
Coleman  &  Co.  for  the  purchase  of  the  Victor  gun-vessel,  which  was 
one  of  a  number  of  vessels  which  it  was  considered  desirable  to  dispose 
of  as  not  being  fit  for  Her  Majesty's  service.  But  although  there  was 
no  reason  to  suspect  that  she  was  purchased  for  belligerent  purposes, 
being  considered  by  the  officers  of  the  admiralty  as  rotten  and  unser- 
viceable, and  having  been  already  rejected  by  Captain  Sherrard  Osborn, 
when  engaged  in  purchasing  vessels  for  the  service  of  the  Emperor  of 
China,  as  not  being  worth  fitting  out  as  a  man-of-war,  it  was  neverthe- 
less determined  not  to  allow  the  masts,  spars,  and  sails  to  be  sold  with 
the  vessel,  and  consequently  the  hull  and  fixtures  only  were  made  over 
to  the  purchasers. 

Since  her  purchase  she  has  been  reported  as  fitting  out  at  Sheerness 
for  the  opium  trade,  and  she  left  that  port  on  the  24th  instant,  as  will 
be  seen  from  Captain  Hotham's  report,  in  an  incomplete  state  as  to  her 
sails  and  rigging,  and  without  a  sufficient  crew. 
I  am,  &c, 
(Signed)  KUSSELL. 


[617J  *3To.  6. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 

London,  November  28,  1863. 
(Received  at  the  foreign  office  November  29 — 3.50  p.  m.) 

Mr.  Adams,  envoy  extraordinary  and  minister  plenipotentiary  of  the 
United  States,  presents  his  compliments  to  the  Right  Hon.  Earl 
Russell,  Her  Majesty's  principal  secretary  of  state  for  foreign  affairs, 
and  it  is  with  regret  that  he  feels  compelled  to  call  his  lordship's  atten- 
tion to  anoth'er  instance  of  the  violation  of  the  neutrality  of  Her  Majes- 
ty's territory  by  the  agents  of  the  insurgents  in  the  United  States. 
The  substance  of  the  information  which  Mr.  Adams  has  received  will  be 
found  in  a  letter  from  the  Hon.  Freeman  H.  Morse,  the  consul  of  the 
United  States  for  this  port,  a  copy  of  which  he  has  the  honor  to  sub- 
mit to  your  lordship's  consideration. 

It  appears  that  the  vessel,  which  has  gone  out  in  an  unfinished  state 
from  Sheerness,  is  one  which  has  lately  been  sold  from  Her  Majesty's 
navy.  She  is  not  yet  in  a  condition  to  go  to  sea,  being  neither  armed 
nor  manned.  Mr.  Adams  hopes  it  is  not  true  that  any  of  the  people  in 
Her  Majesty's  employ  have  been  engaged  in  the  work  of  fitting  her  out. 
He  has  the  strongest  reason  for  believing  that  two  vessels  which  have 
just  put  into  Plymouth,  one  a  steamer  called  the  •Harriet  Pinkney,  the 
other  a  sailing-vessel  called  the  Barque  Agrippina,  may  be  charged 
with  the  materials  for  the  armament,  and  possibly  with  a  portion  of  the 
crew. 


712  TREATY    OF   WASHINGTON. 

Mr.  Adams  will  probably  be  able  to  obtain  further  and  more  exact 
information  in  a  day  or  two.  In  the  meanwhile  he  has  thought  it  best 
to  lose  no  time  in  making  a  representation. 

Not  doubting  the  disposition  of  Her  Majesty's  government  to  do  jus- 
tice in  the  premises,  as  well  as  in  the  rectification  of  any  abuses  that 
may  have  been  committed  by  persons  in  Her  Majesty's  service  as  in 
the  prevention  of  the  ultimate  success  of  this  audacious  enterprise,  Mr. 
Adams  prays,  &c. 


[Inclosure  in  No.  6. J 
Mr.  Morse  to  Mr.  Adams. 


London,  November  28,  1863. 
Sir  :  The  confederate  steamer  Rappahannock,  reported  this  morning  at  Calais,  France, 
was  Her  Majesty's  steamer  Victor,  recently  sold  out  of  the  government  service.  She 
has,  until  recently,  lain  at  Sheerness,  opposite  the  government  dock-yard,  and  has  been 
prepared  for  sea  and  for  active  service,  so  far  as  she  was  prepared  when  she  left  sud- 
denly at  midnight,  by  laborers,  many  of  whom  were  employed  at  the  government  dock- 
yard at  that  place.  A  party  of  riggers  was  on  board  when  she  left,  at  work  on  her. 
Her  rigging  was  not  then  rattled  down.  These  riggers  were  from  the  government 
yard,  and  I  am  informed  that  these  men  were  selected  and  sent  off  to  the  Victor  by  the 
master-rigger  at  the  dock.  Also  that  the  masts  of  Her  Majesty's  ship  Cumberland 
were  used  as  shears  to  set  the  masts  of  the  Victor,  then  called  the  Scylla,  and  now  Rap- 
pahannock, and  that  other  petty  officers  at  the  government  yard  have  been  employed 
to  engage  men  and  render  other  services  to  this  privateer.  In  fact,  that  she  was  being 
prepared  for  service  with  the  greatest  secrecy  and  dispatch  as  a  confederate  privateer, 
under  the  cover  and  protection  which  her  former  ownership,  proximity  to  the  yard 
while  being  fitted  out,  and  the  employment  of  hands  from  the  yard,  threw  around  her. 
She  went  off  in  quite  an  incomplete  state,  and  would  not  have  gone  for  some  days 
but  for  the  fact  that  the  government  here,  it  is  supposed,  became  suspicious  from  some 
cause  that  materials  from  the  yard  had  been  used  in  repairing  and  fitting  her  out,  and 
ordered  a  search  to  ascertain  the  truth  of  the  story.  In  a  few  hours  after  she  left  sud- 
denly, near  midnight,  on  the  morning  of  Wednesday,  the  25th  instant,  in  tow  of  the 
tug-boat  Bulldog. 

She  came  to  anchor  near  the  Tongue  light,  lay  there  a  short  time,  and  then  went  to 
Calais. 

The  above-  facts,  with  many  others  of  equal,  importance,  I  expect  to  make  good  by 
sworn  affidavits  from  responsible  men,  and  will  do  so  as  soon  as  possible. 

I  do  not  mean  to  intimate  by  anything  said  above  that  the  British  government,  or 
any  officer  of  position  connected  with  it,  had  any  suspicion  that  they  were  selling  a 
government  war-ship  into  the  confederate  service,  and  lending  one  of  their  dock- 
[618]  yards  as  *  a  protection  to  fit  her  out  as  a  privateer  to  be  used  against  our  com- 
merce.    I  think  they  have  been  deceived  by  agents  of  the  confederates,  and  will 
be  ready  and  anxious  to  act  with  more  than  their  usual  energy  to  remedy  the  evil. 
Yours,  &c, 
(Signed)  FREEMAN  H.  MORSE. 


No.  7. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  November  30, 18G3. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  dated 
the  28th  instant,  but  which  was  only  delivered  at  the  foreign  office  a 
lew  minutes  before  4  o?clock  on  the  following  day,  Sunday,  respecting 
the  case  of  a  vessel  described  in  the  letter  from  the  United  States  con- 
sul in  London,  inclosed  in  your  note,  as  the  confederate  steamer  Bappa- 
hannock,  formerly  Her  Majesty's  ship  Victor,  recently  sold  out  of  the 


BEITISH    CASE    AND    PAPERS.  713 

government  service;  and  calling  attention  also  to  two  vessls  named  the 
Harriet  Pinckney  and  the  Agrippina,  which  have  pat  into  Plymouth,  and 
which  you  believe  may  be  charged  with  the  materials  for  the  armament 
of  the  Rappahannock,  and  possibly  with  a  portion  of  the  crew. 

I  have  to  acquaint  you  that  the  attention  of  the  proper  departments 
of  Her  Majesty's  government  has  been  directed,  without  loss  of  time,  to 
the  statements  made  by  you  and  by  the  United  States  consul  on  this 
matter,  and  I  have  no  doubt  that  immediate  steps  will  be  taken  to 
verify  the  truth  of  the  statements  made. 

I  am,  &c, 

(Signed)  RUSSELL. 


No.  8. 
Mr. .JEEammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  November  30,  1863. 

Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  herewith,  to 
be  laid  before  the  lords  commissioners  of  the  admiralty,  a  copy  of  a  let- 
ter from  Mr.  Adams,  the  United  States  minister  at  this  court,1  inclos- 
ing a  copy  of  a  letter  from  the  consul  of  the  United  States  in  London, 
respecting  the  conversion  and  fitting  out  at  Sheerness  of  Her  Majesty's 
late  gun-vessel  Victor,  as  the  confederate  steam-vessel  Rappahannock  ; 
and  I  am  to  request  that  you  will  move  their  lordships  to  cause  imme- 
diate inquiry  to  be  made  into  the  statements  contained  in  these  papers, 
and  more  particularly  as  regards  the  proceedings  of  the  master-rigger 
of  Her  Majesty's  dock -yard,  and  the  employment  of  riggers  from  the 
dock-yard  in  fitting  out  vessel. 

Lord  Russell  would  be  glad  to  be  made  acquainted,  as  soon  as  possi- 
ble, with  the  result  of  those  inquiries,  in  order  that  he  may  be  enabled 
to  return  an  answer  to  Mr.  Adams. 
I  am,  &c, 
(Signed)  .  E.  HAMMOND. 


No.  9. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  December  2, 1863.     (Received  December  2.) 
Sir  :  With  reference  to  your  letter  of  the  30th  ultimo,  and  its  incis- 
ures from  the  United  States  minister  at  this  court,  respecting  the  con- 
version and  fitting  out  at  Sheerness  of  Her  Majesty's  late  gun-vessel 
Victor  as  the  confederate  steam- vessel  Rappahannock,  I  am  commanded 
by  my  lords  commissioners  of  the  admiralty  to  acquaint  you,  for  Earl 
Russell's  information,  that  the  captain   superintendent  of  Sheerness 
dock-yard  has  been  directed  to  report  all  the  information  he  can  obtain  as 
to  the  manner  in  which  this  vessel  was  got  ready  for  sea,  and 
[619]    whether  any  officers  or  men  belonging  to  the  dock-yard  were  *  em- 
ployed in  fitting  her,  and  I  now  inclose  a  copy  of  a  letter  dated  the 

1  No.  6. 


714  TREATY    OF   WASHINGTON. 

1st  instant,  from  Captain  Wise,  with  copy  of  its  inclosure,  reporting  on 
the  subject. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[Inclosure  1  in  No.  9.] 

Captain  Wise  to  the  secretary  to  the  admiralty. 

Sheerness  Yard,  December  1,  1863. 
Sir:  In  reply  to  your  letter  of  the  30th  ultimo,  inclosing  extracts  from  a  letter  dated 
the  28th  November,  of  the  United  States  consul  in  London,  relative  to  the  confederate 
steamer  Rappahannock,  late  Her  Majesty's  gun-vessel  Victor,  having  been  got  ready 
for  sea  at  Sheerness,  I  beg  to  acquaint  you,  for  their  lordship's  information,  that  on  the 
3d  November  I  received  a  letter  from  the  admiralty,  dated  the  2d,  of  which  the  fol- 
lowing is  a  copy : 

"Admiralty,  November  2, 1863. 
"  Captain  Superintendent,  Sheerness : 

"You  are  to  cause  the  Victor  to  be  delivered  up  to  Messrs.  Coleman  &  Co.,  with  her 
machinery  and  fixtures,  but  not  any  of  her  masts,  rigging,  and  sails,  upon  their  pro- 
ducing the  usual  order  signed  by  two  of  their  lordships. 
"  By  command,  &c, 
(Signed)  "W.  G.  ROMAINE." 

After  the  receipt  of  this  letter,  immediate  steps  were  taken  to  take  out  of  the  Victor 
all  stores,  &c,  except  fixtures;  also  the  pivots  and  other  fittings  for  her  guns. 

On  or  about  the  10th  ultimo  a  person  representing  himself  to  be  one  of  the  firm  of 
Messrs.  Coleman  &  Co.  produced  their  lordships'  warrant  or  order,  and  the  Victor  was 
given  up  to  him  on  behalf  of  the  above  firm. 

A  few  days  after  this  I  observed  the  name  of  Scylla,  of  London,  painted  on  her 
stern,  and  men  employed  taking  in  coal,  shipping  anchors  and  other  stores,  and  pre- 
paring her  for  sea. 

On  Tuesday,  the  24th  ultimo,  I  received  an  anonymous  letter,  through  the  admiralty, 
stating  that  this  ship  was  being  fitted  with  government  rigging  and  blocks,  &c.  The 
inspector  of  police  and  a  foreman  of  the  yard  were  sent  off  by  me  to  search  her,  and  the 
inclosed  report  was  made,  wherein  their  lordships  will  observe  that  nothing  was 
found  in  her  belonging  to  government. 

On  the  morning  of  the  25th  ultimo  I  was  informed  that  she  was  towed  out  of  the 
harbor  during  the  night  by  a  merchant-tug. 

No  officers  or  men  belonging  to  the  dock-yard  have  been  employed  to  fit  her  out  or 
get  her  ready  for  sea  during  the  working  hours  of  the  yard,  and  I  believe  she  was  fitted 
out  by  men  hired  by  her  owners,  masts,  rigging,  &c,  being  sent  from  London. 

No  secrecy  was  used  in  her  fitting  out  at  this  port,  and  it  was  generally  supposed 
she  was  being  fitted  out  for  the  China  trade  ;  nor  can  I  ascertain  that  any  petty  officer 
or  others  have  been  employed  to  engage  men  for  her. 
I  have,  &c, 
(Signed)  CHAS.  WISE. 


flnclosure  2  in  No.  9.J 
Report. 

November  24, 1863. 

I  beg  to  report  that  the  ship  Scylla,  late  Victor,  has  been  carefully  searched  this  day, 
by  direction  of  captain  superintendent,  by  myself  and  water-police,  in  conjunction  with 
Mr.  Whettam,  foreman  of  the  yard. 

No  government  property  was  found  on  board,  except  that  stated  by  Mr.  Whettam 
(who  had  an  inventory  of  the  articles  sold  with  the  ship)  to  have  been  sold  with  the 
ship. 

Strict  examination  was  made  of  the  rigging  and  the  cordage, which  is  private 
property. 

(Signed)  GEORGE  COMB. 


BKITISH    CASE   AND    PAPERS.  715 

[620]  *No.  10. 

Mr.  Bernard  to  the  commissioners  of  customs. 

Surveyor's  Office,  December  2, 1863. 

Honorable  Sirs  :  In  obedience  to  your  honors7  directions,  I  pro- 
ceeded to  Rochester  on  Monday  afternoon,  and  immediately  waited  upon 
the  acting  collector,  Mr.  Jones,  with  reference  to  the  Rappahannock, 
lately  Her  Majesty's  gun-boat  Victor,  who  informed  me  that  the  first 
intimation  he  had  of  the  character  of  this  vessel  was  from  a  paragraph 
he  saw  in  one  of  the  daily  papers.  I  therefore  proceeded  on  to  Sheer- 
ness  early  the  following  morning,  (yesterday,)  and  beg  to  report  the 
circumstances  under  which  this  vessel  left  Sheerness,  as  far  as  I  could 
ascertain  from  information  received  on  the  spot. 

It  appears  that  on  the  7th  of  October  Mr.  Todhunter,  principal  coast 
officer  at  Sheerness,  and  Mr.  Warlow,  examining  officer  at  Bochester, 
visited  this  vessel,  by  directions  of  the  collector,  to  measure  her  tonnage 
for  registration,  application  having  been  made  in  the  usual  way,  it  being 
understood  that  she  had  been  sold  by  government,  and  intended,  as  was 
alleged,  to  be  sent  to  China  by  the  owners.  Her  gross  tonnage  proved 
to  be  529,  of  which  the  engine  and  boilers  took  up  296  tons;  the 
name  "  Scylla,  of  London,"  being  subsequently  painted  on  her  stern,  as 
required  by  the  act,  and  her  official  number  and  tonnage  cut  on  main 
beam.  On  the  8th  of  October  she  was  taken  into  one  of  the  dry-docks 
or  basins  at  Sheerness  dock-yard,  for  the  purpose,  it  was  stated,  of 
removing  (by  admiralty  order)  all  the  gun-fittings,  chains,  cables, 
anchors,  &c,  belonging  to  government. 

About  a  week  afterward  she  came  out  of  dock  and  was  placed  along- 
side Her  Majesty's  ship  Cumberland,  where  she  received  her  masts,  and 
finally  took  up  her  berth  among  the  other  gun-boats  lying  near  the 
opposite  shore,  where  she  remained  until  her  departure. 

There  was  nothing  in  her  appearance  or  movements  to  attract  the 
suspicion  of  our  officers,  and  no  duty  requiring  their  attendance  on 
board,  the  officers  being  further  under  the  impression  that  she  was  still 
under  the  hands  of  the  dock-yard  artificers.  She  happened,  however,  to 
be  visited  again  by  Mr.  Todhunter,  the  coast-officer,  on  the  evening 
before  she  left,  who  states  that  she  was  then  only  very  partially  rigged,  her 
spars  and  ropes  lying  about  the  deck,  which  presented  all  the  confusion 
of  a  vessel  undergoing  repair,  (the  riggers  being  then  engaged  upon 
her,)  and  apparently  in  no  condition  to  put  to  sea  for  sometime  to  come. 
There  was  no  captain  on  board  and  no  regular  crew,  the  mate  being  the 
only  officer,  with  a  few  men  (loafers)  picked  up  at  Sheerness  for  the 
purpose  of  trying  her  engines  when  ready. 

Our  officer  also  remarked  on  going  over  the  vessel  that  there  were 
no  guns,  gun-carriages,  naval  or  military  stores,  on  board,  and,  up  to 
that  time,  nothing  to  indicate  a  war- vessel  beyond  her  original  build. 

I  have  been  unable  to  learn  the  cause  of  her  sudden  departure,  which 
must  have  been  effected  secretly  during  the  night  of  the  24th  ultimo, 
or  early  on  the  morning  of  the  25th.  Her  flight  must  have  been  very 
precipitate,  as  she  started  without  her  water-tanks,  which  were  on  their 
way  to  her  from  London,  and  she  left  behind  her  a  quantity  of  coals 
lying  in  barges  alongside. 

No  communication  was  made  to  the  collector  on  the  subject,  from  the 
fact  that  the  officers  had  no  suspicion  of  her  whatever,  and  when  she 
had  disappeared  it  was  supposed  she  had  merely  run  out  to  try  her  ma- 
chinery. 


716  TREATY    OF   WASHINGTON. 

She  left  without  victualing -bill  or  clearance,  and  there  does  not 
appear  to  be  any  neglect  of  duty  on  the  part  of  the  customs-officer  on 
this  matter. 

Respectfully  submitted. 

(Signed)  CHAELES  BERNARD. 


No.  11. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  December  4,  1863.     (Received  December  4.) 

Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  transmit  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter,  dated  the  3d  instant,  from  Tice- Admiral  Sir  George  Lam- 
[621]  bert,  with  his  inclosure  from  the  captain  superintendent  *of 
Sheerness  dock-yard;  also  a  copy  of  a  communication,  dated  2d 
instant,  from  Vice- Admiral  Sir  George  Lambert,  with  its  inclosure, 
reporting  as  to  the  assistance  rendered  by  men  from  the  dock-yard  in 
fitting  the  Rappahannock,  late  Victor,  for  sea;  and  lam  to  state  that 
the  further  information  required  from  Captain  Hall,  in  charge  of  the 
steam-reserve  in  the  Meclway,  will  be  sent  as  soon  as  it  shall  have  been 
received. 

Although  these  letters,  with  those  already  sent  to  the  foreign  office, 
will  put  Earl  Russell  in  possession  of  all  the  circumstances  connected 
with  the  sale  of  the  Victor,  it  may  be  advantageous  to  give  the  history 
of  the  case  in  a  short  and  connected  form. 

In  December,  1861,  the  Victor  was  reported  to  require  large  repairs, 
and  in  the  usual  annual  survey  some  portions  of  her  were  reported 
rotten. 

In  July,  1862,  she  was  examined  by  Captain  Sherard  Osborn,  and 
found  to  be  so  defective  that  he  declined  to  purchase  her  for  the  Chinese 
government. 

On  the  annual  survey  of  1863  it  was  reported  that  additional  defects 
had  been  discovered  since  the  last  survey,  and  it  was  not  thought 
expedient  to  order  any  repairs  to  be  taken  in  hand. 

In  July,  1863,  Messrs.  Gordon  Coleman  &  Co.* applied  to  be  allowed 
to  purchase  her.  There  was  nothing  unusual  in  this  offer,  since  it  has 
frequently  happened  that  parties  desirous  of  purchasing  worn-out  ships 
of  war  ascertain  what  ships  are  likely  to  be  sold,  and  make  offers  for 
them,  although  they  may  not  have  been  advertised  for  sale. 

The  dock-yard  officers  reported  her  value  for  sale,  with  fixtures,  to  be 
£9,375,  and  recommended  that  she  should  be  sold,  and  Messrs.  Cole- 
man agreed  to  purchase  her  for  that  sum. 

On  the  19th  of  September  Messrs.  Coleman  applied  to  have  the 
Victor  docked,  ufor  the  purpose  of  cleaning  her  pipes  and  inspecting 
her  bottom  prior  to  taking  the  vessel  away,  and  in  order  to  enable  them 
to  take  her  away  under  steam." 

This  being  a  reasonable  request,  was  granted  •  and  on  the  8th  of 
October  the  Victor  was  docked. 

On  the  12th  of  October  Messrs.  Coleman,  whose  offer  to  purchase  the 
masts,  yards,  and  sails,  with  the  vessel,  had  not  been  accepted,  applied 
to  have  them  put  on  board  at  their  own  expense.  This  application  was 
referred  to  the  foreign  office,  and  at  the  desire  of  Earl  Russell  refused. 

On  the  2d  of  November  an  order  was  given  to  the  captain  superin- 


BRITISH    CASE    AND    PAPERS.  717 

tendent  of  the  dock-yard  to  deliver  the  Victor,  with  her  machinery  and 
fixtures,  but  without  masts,  rigging,  or  sails,  to  any  person  producing 
their  lordships'  order. 

About  the  10th  of  November  the  Victor  was,  in  consequence,  given 
over  to  the  purchasers,  care  having  previously  been  taken  to  remove 
all  stores  (except  fixtures)  and  also  the  pivots  and  other  fittings  for  her 
guns. 

It  was  afterward  observed  that  the  name  "  Scylla,  of  London,'7  had 
been  painted  on  her  stern,  and  that  she  was  preparing  for  sea,  and  it 
was  given  out  that  she  was  fitting  for  the  China  trade. 

On  the  19th  of  November  the  Scylla  was  masted  by  the  Cumberland, 
Captain  Hall,  as  stated  in  his  letter  of  the  2d  instant,  having  been  glad 
of  an  opportunity  of  testing  the  derrick,  newly  fitted  in  the  Cum- 
berland for  masting  gun-boats.  Captain  Hall  does,  not  appear  to  have 
entertained  any  suspicion  of  the  real  destination  of  the  vessel,  but  he 
certainly  acted  without  due  consideration  in  acceding  to  the  request 
made  to  him  without  having  previously  obtained  the  sanction  of  the 
commander-in-chief  at  Sheerness. 

The  subsequent  proceedings  are  fully  detailed  in  Captain  Wise's 
letters  of  the  1st  and  3d  instant. 

There  seems  to  be  no  doubt  that  men  belonging  to  the  dock-yard  have 
been  induced  to  assist  in  fitting  out  this  vessel,  and  that  some  of  them 
have  assisted  in  taking  her  to  Calais. 

Earl  Russell  will  observe  that  the  laborers  who  have  absented  them- 
selves without  leave  have  been  discharged,  and  that  the  boiler-makers 
who  have  infringed  the  factory  rules  by  absenting  themselves  for  three 
days  without  leave  will  also  be  discharged. 

With  reference  to  the  eight  riggers  who  are  suspected  of  having  gone 
to  Calais  in  the  vessel,  they  appear  to  have  obtained  leave  in  the  usual 
manner,  and  to  have  returned  to  their  work  at  the  expiration  of  their 
leave.  They  have  not,  therefore,  committed  any  breach  of  the  dock-yard 
regulations,  and  my  lords  will  leave  it  to  Earl  Eussell  to  decide  whether 
any  measures  shall  be  taken  with  regard  to  them. 

Finally,  my  lords  are  glad  to  find  that  the  foreman  of  riggers  has 
taken  no  active  part  in  this  transaction,  and  that  the  information 
[622]  given  by  him  of  the  dimensions  of  the  *rigging  is  such  as  he 
might  fairly  give  while  ignorant  of  the  intentions  of  the  pur- 
chasers of  the  Victor. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


[Inclosure  1  in  No.  11.] 
Vice-Admiral  Sir  G.  Lambert  to  the  secretary  to  the  admiralty. 

Formidable,  at  Sheerness,  December  3j  1863. 

My  Lord  :  In  compliance  with  the  directions  of  the  lords  commissioners  of  the  ad- 
miralty, conveyed  in  yonr  telegram  of  yesterday's  date,  to  report  all  information  that 
can  be  obtained  relating  to  the  fitting  out  of  the  Victor,  I  beg  leave  to  inclose  a  letter 
from  Captain  Superintendent  Wise  on  the  subject,  and  to  state  that  in  consequence  of 
a  heavy  gale  blowing  all  day,  Captain  Hall  has  been  prevented  from  sending  me  the 
information  I  have  called  for  with  reference  to  the  steam-reserve,  but  it  shall  be  for- 
warded by  to-morrow's  post. 

2.  The  Scylla  (late  Victor)  having  been  masted  by  the  Cumberland,  was  reported 
in  my  letter  of  yesterday's  date.  With  reference  to  (the  amended)  paragraph  8  of 
the  steam -reserve  instructions,  I  have  inquired  of  the  captain  superintendent,  and 
I  find  that  authority  was  not  asked  for,  or  given  by  him,  for  masting  the  vessel  by  the 


718  TREATY    OF   WASHINGTON. 

men  of  the  steam-reserve,  and  I  may  also  add  that  no  authority  to  do  so  was  given  by 
me. 

3.  While  seeking  for  information  relating  to  the  Victor,  I  have  heard  it  rumored 
that  it  is  intended  to  fit  out  the  Amphion,  recently  sold  at  this  port,  for  similar 
service. 

Her  slow  speed  and  defective  state  would  make  this  appear  improbable,  but  I  know 
that  the  engineer  of  the  dock-yard  was  requested  by  the  purchasers  to  go  on  board  the 
Amphion  and  report  on  the  state  of  her  machinery,  which  he  very  properly  declined  to 
do  unless  under  the  directions  of  the  superintendent. 
I  have,  &c, 
(Signed)  GEORGE  LAMBERT. 


[Inclosure  2  in  No.  11.] 
Captain  Wise  to  Vice-Admiral  Sir  G.Lambert. 

Sheerness  Yard,  December  3,  1863. 

Sir  :  In  reply  to  your  letter  of  this  date,  calling  upon  me  to  report  confidentially  all 
the  information  I  can  obtain  relative  to  fitting  out  the  Victor,  and  whether  masted, 
rigged,  or  any  dock-yard  men  were  employed  out  of  dock-yard  hours  in  fitting  her  ;  also 
whether  any  men  employed  in  the  dock-yard  went  to  sea  in  her,  and  whether  any 
officers  and  men  of  reserve  gave  any  assistance  in  fitting  or  engaging  men  for  her,  I 
have  the  honor  to  report  that  some  riggers  and  boiler-makers  were  hired  by  the  owners 
of  the  Scylla,  late  Victor,  and  worked  on  board  of  her  out  of  the  dock-yard  hours 
during  her  stay  at  this  port.  Eight  riggers  obtained  four  days'  leave  on  the  25th 
ultimo.  Six  of  them  came  back  to  their  work  on  the  28th,  being  absent  three  days ; 
the  other  two  came  to  their  work  on  Monday,  the  30th. 

The  Scylla  left  this  port  on  the  night  of  the  24th  ultimo.  I  am  unable  to  state  for 
certain  that  these  eight  riggers  went  to  sea  in  her,  but  from  what  I  can  glean  they  did 
go  to  Calais  with  the  vessel. 

Two  laborers  have  been  discharged  from  this  yard  for  being  absent  six  days  without 
leave,  and  it  is  reported  they  went  in  this  vessel.  On  the  1st  instant  eight  of  the  best 
boiler-makers  in  the  factory  asked  for  a  month's  leave,  which  I  refused;  they  have 
since  absented  themselves,  and  it  is  reported  they  have  gone  to  Calais  to  work  on  her 
boilers.  These  men  will  be  discharged  to-morrow  for  being  absent  three  days  without 
leave,  in  accordance  with  the  8th  article  of  the  factory  rules  and  regulations. 

I  do  not  think  any  officer  in  this  establishment  has  assisted  to  enter  men  for  this 
vessel,  but  no  doubt,  from  what  I  can  hear,  agents  have  been  at  Sheerness  and  tried 
hard  to  induce  the  men  of  this  yard  to  leave  the  government  employ,  and  I  believe  the 
eight  boiler-makers  were  enticed  away,  as  well  as  one  fitter,  who  was  discharged  by 

bis  own  request,  and  is  said  to  be  in  the  Scylla  as  an  engineer. 
[623]      *A  rivet-boy  has  this  day  asked  for  his  discharge,  and  he  informs  me  he  has 
engaged  himself  as  an  assistant  steward  in  this  vessel,  and  I  have  desired  him 
to  give  the  usual  six  days'  warning  before  he  can  receive  his  discharge. 

It  has  beeu  said  that  Mr.  Rees,  foreman  of  riggers,  has  taken  an  active  part  in  the 
outfit  of  this  vessel.  Having  sent  for  that  officer,  he  assures  me  he  has  not,  and  that 
the  only  part  he  has  taken  is  that  he  was  asked  by  the  owners  to  furnish  them  with 
the  dimensions  of  a  gang  of  rigging,  which  he  did,  and  that  he  has  not  received  a 
farthing  for  giving  this  information. 

The  Scylla  was  masted  by  the  Cumberland,  which  circumstance  was  reported  yester- 
day by  Captain  Hall ;  and  I  am  not  aware  that  any  assistance  has  been  given  by  the 
officers  and  men  of  the  reserve  to  fit  the  vessel  for  sea,  but  I  would  submit  that  Cap- 
tain Hall,  of  the  steam-reserve,  should  be  asked  to  furnish  that  information. 
I  have,  &c, 
(Signed)  C.  WISE. 


[Inclosure  3  in  No.  11.] 
Captain  Hall  to  Vice-Admiral  Sir  G.  Lambert. 

Cumberland,  Sheerness,  December  2,  1863. 

Sir:  In  reply  to  your  directions,  forwarded  with  the  telegram,  "Were  masts  put 
into  Victor  by  Cumberland  ?  and  report  fully  the  circumstances,"  I  have  the  honor  to 
report  that — 

1.  Having  been  applied  to  on  behalf  of  the  owners  of  the  Scylla,  of  London,  to  mast 
her,  I  most  willingly  complied,  for  the  derrick  had  only  been  up  three  days  and  rigged 


BRITISH    CASE   AND   PAPERS.  719 

barely  forty-eight  hours.  I  was  anxious  to  ascertain  correct  angle  for  its  droop  to 
enable  me  to  secure  the  topping-lift ;  measure  the  length  of  the  fore  and  aft  guys, 
place  to  secure  them  ;  and  especially  as  to  whether  there  would  be  much  surging  of 
the  fall  round  the  capstan  and  its  best  lead.  Her  great  length  has  enabled  me  to  make 
such  arrangements  as  would  be  necessary  in  masting  and  dismasting  similar  vessels  in 
Her  Majesty's  service  and  for  which  purpose  the  derrick  has  been  erected. 

2.  I  should  have  performed  the  same  act  for  any  collier  or  merchant-ship  under 
similar  circumstances,  as  I  have  ever  deemed  it  my  duty,  whenever  I  have  been  in  com- 
mand, to  afford  gratuitous  assistance,  as  far  as  lay  in  my  power,  to  our  mercantile 
marine,  whenever  Her  Majesty's  service  did  not  suffer,  and  especially  when  private 
trade  at  the  port  was  in  no  way  interfered  with  by  such  proceedings. 

I  beg  to  append  an  extract  from  the  log  of  Her  Majesty's  ship  under  my  command. 
I  have,  &c, 
(Signed)  W.  KING  HALL. 


Formidable,  at  Sheerness,  December  2,  1863. 
Transmitted  to  be  laid  before  the  lords  commissioners  of  the  admiralty  in  reply  to 
your  telegram  of  this  day. 

(Signed)  G.  R.  LAMBERT. 


[Inclosure  4  in  No.  11.] 

Extract  from  the  log-book  of  Her  Majesty' 's  ship  Cumberland. 

Monday,  16th  November,  1863,  p.  m. — Hands  employed  stepping  shears. 

Tuesday,  17th  November,  1863. — Hands  employed  fitting  shears. 

Thursday,  19th  November,  1863,  p.  m. — Employed  masting  Scylla,  of  London. 

(Signed)  W.  KING  HALL,  Captain. 


[624]  *No.  12. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  December  5, 1883.  (Eeceived  December  5.) 
Sir  :  With  reference  to  my  letter  of  the  4th  instant,  I  am  commanded 
by  my  lords  commissioners  of  the  admiralty  to  send  you  herewith,  for 
the  information  of  Earl  Eussell,  a  copy  of  a  letter  from  Yice-Admiral 
Sir  George  Lambert,  dated  the  4th  instant,  with  copy  of  its  inclosure 
from  Captain  Hall,  stating  that  there  were  not  any  officers  or  men  be- 
longing to  the  steam-reserve  at  Sheerness  under  his  command  employed 
in  fitting  out  the  Eappahannock,  late  Victor,  or  engaging  men  for  her. 

I  am,  &c, 

(Signed)  W.  G.  ROMAIKE. 

[Inclosure  1  in  No.  12.1 

Vice-Admiral  Sir  G.  Lambert  to  the  secretary  to  the  admiralty. 

[Confidential.J 

Formidable,  at  Sheerness,  December  4, 1863. 

My  Lord  :  In  continuation  of  my  letter  of  yesterday's  date,  I  inclose  a  letter  from 
the  captain  of  the  steam-reserve  stating  that,  as  far  as  can  be  ascertained,  no  officers 
or  men  under  his  command  have  been  employed  in  fitting  out  the  Victor,  or  in  engag- 
ing men  for  her  beyond  that  communicated  in  his  letter  of  the  2d  instant,  already 
transmitted  to  be  laid  before  their  lordships. 

2.  I  find  on  inquiry  from  Captain  Hall  that  he  has  questioned  the  commander,  the 
staff  commanders,  the  officers,  and  the  warrant-officers  under  his  command,  and  that 
none  of  them,  and  (as  far  as  can  be  ascertained)  none  of  the  men  of  the  reserve,  were 
employed  upon  the  Scylla,  nor  have  any  of  them  gone  to  sea  in  the  vessel. 


720  TREATY    OF   WASHINGTON. 

/ 

3.  The  only  officer  who  has  not  been  questioned  with  a  view  to  obtain  the  informa- 
tion sought  for  is  Mr.  Rumble,  inspector  of  machinery,  who  is  absent  on  admiralty 
leave. 

4.  He  has  been  served  with  a  subpoena  to  attend  a  trial  to-morrow  in  London,  and  I 
have  sent  directions  for  him  to  return  hither  immediately  after  the  trial,  (notwith- 
standing his  leave  of  absence,)  in  order  to  complete  the  inquiry  by  questioning  him  on 
the  subject. 

I  have,  &c, 

(Signed)  GEORGE  R.  LAMBERT. 


[Inclosure  2  in  No.  12.] 

Captain  Hall  to  Vice-Admiral  Sir  G.  Lambert. 

Cumberland,  Sheerness,  December  3,  1863. 
Sir  :  I  have  the  honor  to  report  that  no  officers  or  men  of  the  steam-reserve  have 
been  employed  in  fitting  out  and  engaging  men  for  the  Victor,  beyond  that  communi- 
cated in  my  letter  of  yesterday's  date,  so  far  as  I  can  ascertain. 
I  have,  &c, 
(Signed)  W.  K.  HALL. 


No.  13. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  December  5,  1863.    (Eeceived  December  5 — 3  p.  m.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  a  copy 
of  a  letter  from  Mr.  Morse,  consul  of  the  United  States  at  this  place, 
and  copies  of  the  depositions  of  Wm.  Wynn,  Joseph  Murray,  Thomas 
Kelley,  Henry  Barraclough,  and  James  Tucker,  in  relation  to  the  pro- 
ceedings in  connection  with  the  fitting  out  of  the  steamer  Victor  at 
Sheerness  for  the  use  of  the  insurgents  in  the  United  States,  and  the 
enlistment  of  men  for  service  in  that  vessel. 
I  pray,  &c, 
(Signed)  CHAELES  FBANCIS  ADAMS. 


[625]  *  [Inclosure  1  in  No.  13.] 

Mr.  Morse  to  Mr.  Adams. 

United  States  Consulate, 

London,  December  2,  1863. 
Sir  :  I  herewith  inclose  the  affidavits  of  William  "Wynn,  Joseph  Murray,  and  Thomas 
Kelley,  in  reference  to  the  confederate  steamer  Rappahannock,  now  in  the  port  of 
Calais,  France.  They  show  very  conclusively  that  she  is  a  rebel  privateer,  that  she 
escaped  from  an  English  port  in  an  unfinished  state,  and  is  now  completing  her  repairs 
and  outfits  in  equipments  in  a  French  port,  and  where  and  who  engaged  the  crew 
to  go  in  her.  Other  affidavits,  showing  other  features  of  the  case,  will  be  sent  to  you 
in  a  short  time. 

(Signed)  F.  H.  MORSE. 


[Inclosure  2  in  No.  13.] 

Affidavit  of  William  Wynn. 

I,  William  Wynn,  boarding-house  keeper,  at  present  residing  at  22  Lower  Berners 
street,  Commercial  Road,  east,  do  hereby  truly,  sincerely,  and  solemnly  swear  that  a 


BRITISH    CASE    AND    PAPERS.  721 

boarder,  named  Charles  Bennett,  informed  me  that  he  had  shipped  on  hoard  a  ship  to 
run  the  blockade;  not  liking  the  advance-note,  I  applied  to  the  broker's,  Robert  Gordon 
Coleman,  No.  28  Clements  Lane,  Lombard  street,  respecting  it.  They  satisfied  me 
that  it  would  be  paid,  and  requested  me  to  procure  eleven  seamen  for  the  same  ship, 
which  on  the  26th  November  I  supplied,  and  they  went  to  the  railway-station  at  Lon- 
don bridge  to  meet  a  person  calling  himself  Captain  Brown,  whom  I  had  first  met  at 
the  broker's„Robert  Gordon  Coleman ;  and  tickets  were  purchased  by  the  so-called 
Captain  Brown  for  Calais  for  them,  (the  men,)  with  about  twenty-eight  or  thirty 
others,  on  Friday  evening,  the  27th  November.  The  men  I  supplied  were  to  receive 
£3  15s.  per  month,  in  a  ship  called  the  Scylla,  or  Stella,  (pro  tern!,)  captain's  name 
Anson,  (pro  tern.)  The  seamen,  Joseph  Murray  and  Thomas  Kelley,  were  two  of  the 
eleven  ;  Charles  Bennett,  named  above,  is  still  on  board. 
The  men  were  shipped  to  join  the  ship  in  the  Downs,  for  a  voyage  to  Jamaica. 
(Signed)  WILLIAM  WYNN. 

Sworn  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the  city  of  London, 
this  second  dav  of  December,  1863,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[Inclosure  3  in  No.  13.] 
Affidavits  of  Joseph  Murray  and  Thomas  Kelley. 

We,  Joseph  Murray,  at  present  residing  at  Mr.  W.  Wynn's,  22  Lower  Berners  street, 
Commercial  Road,  east,  and  Thomas  Kelley,  at  present  residing  at  Mr.  Waters's,  12 
Ellen  street,  Back  Church  Lane,  seamen,  do  hereby  truly,  sincerely,  and  solemnly 
swear  that  we  were  taken  on  Thursday,  the  26th  of  November  last,  by  Mr.  Wynn,  to 
No.  28  Clements  Lane,  and  there  introduced  to  a  gentleman  called  Captain  Brown,  who 
engaged  us  for  a  ship  lying  in  the  Downs,  named  Scylla  or  Stella,  for  a  voyage  to 
Saint  Thomas  or  Jamaica  for  twelve  months,  at  £3  15s.  a  month ;  but  it  was  under- 
stood that  after  we  were  on  board  a  new  arrangement  was  to  be  made  and  articles 
signed.  We  were  told  the  ship  was  an  English  ship  going  to  run  the  blockade.  On 
Friday  evening,  the  27th  instant,  we  went  to  the  railway-station,  London  bridge,  and 
were  sent  to  Dover  with  others,  about  forty  in  all.  Upon  arrival  at  Dover  the  so- 
called  Captain  Brown  and  a  gentleman  called  the  owner,  sent  us  to  a  hotel,  and  in  the 
morning  of  the  28th  of  November  we  went  to  Calais  in  a  packet.  Upon  arrival  at 
Calais  Ave  went  on  board  a  ship  then  called  the  Rappahannock,  and  we  were  called  aft, 
and  the  captain  on  board  said  he  was  surprised  that  they  (the  men)  should  have  been  sent 
down,  as  he  would  not  be  ready  for  a  fortnight,  and  that  he  had  ordered  Captain 
♦  Brown  to  send  him  down  100  able-bodied  men,  and  that  he  did  not  wish  the 
[626]  men  should  come  on  board  in  the  *harbor,  but  had  intended  to  have  taken  them 

off  the  packet  before  she  had  arrived,  and  that  the  ship  was  not  in  a  condition 
to  receive  the  crew,  as  the  ship  was  undergoing  repairs  before  going  to  sea.  The  cap- 
tain on  board  in  command,  when  he  called  us  aft  the  first  time,  said  to  us,  "Now,  you 
men  know  what  you  are  engaged  to  do;  you  are  now  on  your  own  hook,  and  whatever 
plunder  you  can  make  at  sea  the  better  for  yon.  You  are  now  going  privateering,  the 
same  as  the  Alabama  and  the  Florida.  You  men  are  going  to  fight  for  money,  and  I 
am  going  to  fight  for  glory."  Words  to  this  effect  were  repeated  several  times,  as  he 
saw  that  most  of  us  were  discontented.  We  objected  to  stay  by  her,  and  he  said  that 
he  (the  captain)  only  wished  that  he  had  us  at  sea,  and  he  would  show  us  what  dis- 
content was.  .After  several  conversations  the  master  said  he  would  not  take  the  dis- 
contented ones,  and  that  all  that  wished  to  leave  might  go.  This  was  on  Monday 
last,  the  30th  November ;  and  at  2  a.  m.,  the  1st  of  December,  twenty-one  of  us  were 
sent  back  to  London. 

(Signed)  JOSEPH  MURRAY. 

his 
THOMAS  +  KELLEY. 
mark. 
Witness  to  mark  of  Thomas  Kelley : 

(Signed)  Joshua  Nunn. 

Sworn  by  the  deponent,  Joseph  Murray,  at  my  office,  White  Hart  Court,  Lombard 
street,  in  the  city  of  London,  this  2d  day  of  December,  1863,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 

Sworn  by  the  deponent,  Thomas  Kelley,  at  No.  5  White  Hart  Court,  Lombard  street, 
in  the  city* of  London,  this  2d  day  of  December,  1863,  the  witness  to  the  mark  of  the 

H.  Ex.  282,  vol.  ii 46 


722  TREATY    OF    WASHINGTON. 

deponent  being  first  sworn  that  he  had  truly,  distinctly,  and  audibly  read  over  the 
contents  of  the  above  affidavit  to  the  said  deponent,  and  that  he  saw  him  make  his 
mark  thereto.    Before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


f 
[Inclosure  4  in  No  13.] 

Affidavit  of  Henry  Barracloagh. 

I,  Henry  Barraclough,  of  King's  Head  Alley,  Sheerness,  fireman  and  boiler-maker,  late  in 
Her  Majesty's  dock-yard,  Sheernes8,do  hereby  solemnly  swear  that  about  two  months  since 
I  and  others  heard  hands  were  wanted  for  the  Scylla,  of  London,  late  Her  Majesty's 
steamer  Victor.  I  went  to  Mr.  Rumble,  chief  inspector  of  machinery  afloat ;  he  prom- 
ised to  speak  for  me  to  the  mate  of  the  Scylla,  Mr.  Ramsey.  I  saw  Mr.  Ramsey  near 
the  Fountain  Hotel  last  Tuesday  week,  in  the  morning.  He  said  to  me,  Mr.  Rumble 
has  been  speaking  to  nietabout  you,  and  said  if  you  came  on  board  at  1  o'clock  this 
afternoon  I  wTill  ship  you.  I  did  go  on  board,  and  he  said,  "Here  you  are,  my  lad." 
I  said,  "  Yes ;"  and  he  said,  "  I  will  ship  you  as  a  fireman  at  £8  per  month  for  the 
trial-trip,  which  is  not  to  exceed  fourteen  days,  but  it  may  be  only  three  days  ;  and  I 
will  send  you  home  at  the  owner's  expense  to  Sheerness  in  case  you  do  not  like  to 
ship  for  the  voyage  or  our  articles."  I  said,  "Very  well;"  and  he  told  me  to  go  for- 
ward and  tell  the  cook  to  give  me  anything  to  eat  there  was.  on  board.  I  re- 
mained on  board  until  I  landed  in  Calais  on  Friday  last.  There  were  hammocks, 
blankets,  and  bedding  provided  for  the  crew.  On  Tuesday  week  night  we  left  about 
midnight.  The  Scylla  was  anchored  off  Westminster.  The  mate  gave  the  order  to 
weigh  anchor,  which  was  done.  Mr.  Rees,  the  master-rigger,  was  on  board,  but  he 
left  in  the  tug  when  we  had  been  about  three  hours  at  sea  ;  therefore  he  did  not  go  to 
Calais  with  us.  I  have  received  all  the  money  due  to  me,  and  am  satisfied  with  the 
treatment  I  received.  When  I  was  called  (on  board  by  the  captain)  aft  to  sign  arti- 
cles, he  told  us  all  that  the  ship  was  a  confederate  man-of-war ;  that  the  same  rules 
would  be  observed  as  in  any  other  regular  man-of-war,  but  the  lash  would  not  be 
used. 

In  my  opinion  she  is  as  good  a  ship  as  any  I  ever  worked  upon  in  Her  Majesty's 
service,  but  the  boilers  are  out  of  repair.     The  riggers  on  board  were  working  in  the 

dock-yard,  and  had  leave  of  absence,  which  wTas  sanctioned  by  the  captain  of  the 
[627J  yard.     *The  ship  left  Sheerness  very  suddenly,  and  no  guns  or  munitions  of 

war  were  received  on  board  in  the  Downs. 

(Signed)  HENRY  BARRACLOUGH. 

Sworn  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the  city  of  London, 
this  3d  day  of  December,  1863,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 

I,  James  Tucker,  of  King's  Head  Alley,  Sheerness,  do  solemnly  swear  that  I  was 
present  with  Henry  Barraclough  during  the  whole  time  he  remained  on  board  the 
steamship  Scylla,  late  Her  Majesty's  steamer  Victor,  and  do  hereby  swear  to  the  truth 
of  the  above  affidavit  of  Henry  Barraclough  in  every  particular.  I  am  well  satisfied 
with  the  treatment  I  received,  have  been  paid,  and  have  no  objection  to  go  in  the 
ship. 

(Signed)  JAMES  TUCKER. 

Sworn  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the  city  of  London, 
this  3d  day  of  December,  1863,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


No.  14. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  December  5, 1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
this  day's  date,  transmitting  copies  of  the  depositions  relative  to  the 


BRITISH    CASE    AND    PAPERS.  723 

fitting  out  of  the  steamer  Victor,  otherwise  Rappahannock,  at  Sheer- 
ness,  and  I  have  to  state  to  you  that  the  same  shall  be  considered  by 
Her  Majesty's  government. 

1  am,  &c, 

(Signed)  RUSSELL. 


No.  15. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  December  11,  1863.  (Received  December  11.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  of  the  10th  instant,  from  Vice-Admiral  Sir  G.  Lambert,  forward- 
ing explanations  from  Mr.  Rumble,  inspector  of  machinery  afloat,  and 
from  Mr.  Rees,  master-rigger  of  Sheerness  dock-yard,  relative  to  the 
deposition  of  Henry  Barraclough,  with  reference  to  the  case  of  the 
Scylla,  of  London,  late  Victor,  and  I  am  to  state  that  Mr.  Rumble  has 
been  called  upon  for  further  explanations. ' 

I  am,  &c.j 

(Signed)  W.  G.  ROMAINE. 


[Inclosure  1  in  No.  15.] 

Bear-Admiral  Sir  G.  Lambert  to  the  secretary  to  the  admiralty. 

***  Formidable,  at  Sheerness,  December  10,  1863. 

My  Lord:  In  compliance  with  the  directions  of  the  lords  commissioners  of  the  ad- 
miralty, contained  in  your  letter  of  the  8th  instant,  I  inclose  explanations  from  Mr. 
Rumble,  inspector  of  machinery  afloat,  and  from  Mr.  Rees,  master-rigger  in  the  dock- 
yard, with  reference  to  the  deposition  of  Henry  Barraclough. 
[628]       *  2.  Although  the  deposition  of  this  man  has  been  given  under  an  assumed 
name,  yet  the  information  furnished  by  him  appears  to  be  substantially  correct. 
I  am,  &c, 
(Signed)  G.  R.  LAMBERT. 


[Inclosure  2  in  ~Ro.  15.J 

Captain  Wise  to  Vice-Admiral  Sir  G.  Lambert. 

Sheerness  Yard,  December  10, 1863. 
Sir:  In  compliance  with  the  directions  contained  in  your  letter  of  the  9th  instant, 
inclosing  a  copy  of  an  extract  from  a  deposition  by  Henry  Barraclough  as  to  the  "  cir- 
cumstances under  which  he  was  engaged  to  serve  on  board  the  confederate  vessel 
Rappahannock,  late  Her  Majesty's  gun-vessel  Victor,"  I  have  the  honor  to  inclose  a 
letter  from  Mr.  Rees  in  explanation  of  his  having  been  on  board  that  vessel  when  she 
put  to  sea  at  midnight  on  the  24th  ultimo. 

I  beg  to  observe  that  there  is  no  man  of  the  name  of  Henry  Barraclough,  and  never 
has  been,  in  this  dock-yard  or  factory. 
I  have,  &c, 
(Signed)  C.  WYSE. 


724  TREATY    OF    WASHINGTON. 

I  Inclosure  3  in  No.  15.] 

Mr.  Bumble  to  Captain  Hall. 

Steam-Reserve  Office, 
Sheerness  Yard,  December  9,  1863. 
Sir  :  With  reference  to  your  order  to  report  on  the  circumstances  of  my  recommend- 
ing a  stoker,  a  boiler-maker  employed  in  this  dock-yard,  for  service  on  board  the  Scylla, 
I  beg  to  inform  you  that  several  men  came  to  me  from  time  to  time  to  ask  for  employ- 
ment on  board  of  the  Scylla,  of  London,  (as  stated  in  this  man's  deposition,)  and  I 
directed  them  to  the  mate  of  the  vessel,  who  was  fitting  her  out  and  entering  men. 

I  have  no  knowledge  whatever  of  the  man  whose  deposition  has  been  forwarded  to 
you  from  the  foreign  office. 
I  have.  &c, 
(Signed)  W.  M.  RUMBLE, 

Inspector  of  Machinery  Afloat. 


[Inclosure  4  in  No.  15.] 

Mr.  Rees  to  the  master  attendant,  Sheerness  dock-yard. 

Sheerness  Yard,  December  10,  1863. 
Sir  :  In  compliance  with  your  request  to  furnish  a  written  statement,  in  accordance 
with  the  superintendent's  minute  of  the  9th  instant,  as  to  the  statement  made  by  Henry 
Barraclough,  who  states  that  he  was  originally  a  foreman,  or  boiler-maker  in  this  yard, 
and  subsequently  joined  the  Scylla,  of  London,  I  beg  to  inform  you  that  I  was  on  board 
that  ship  on  the  occasion  referred  to  on  a  visit  to  Mr.  Ramsey  j  the  mate,  who  told  me 
that  he  intended  taking  the  ship  out  to  the  Little  Nore,  preparatory  to  a  trial-trip  the 
following  day.  I  having  ordered  a  waterman's  boat  to  fetch  me,  but  who  did  not  make 
his  appearance,  I  was  under  the  necessity  of  asking  the  mate  to  allow  the  tug  to  land 
me,  which  he  did. 

And  I  beg  still  further  to  state  that  I  had  no  knowledge  or  suspicion  that  the  vessel 
was  going  to  sea,  or  that  she  was  other  than  that  of  a  vessel  bought  for  mercantile 
purposes,  and  preparing  for  a  China  voyage. 
I  have,  &c, 
(Signed)  W.  REES, 

Foreman  of  Riggers. 


.(629]  *No.  16. 

Mr.  Adams  to  Earl  Russell. 

Legation  op  the  United  States, 
London,  December  12,  1863.  (Received  December  12.) 
My  Lord  :  I  have  the  honor  to  transmit  the  copy  of  another  deposi- 
tion, furnished  to  me  by  Mr.  Morse,  the  consul  of  the  United  States  at 
London,  going  to  show  the  nature  of  the  proceedings  that  have  taken 
place  at  Sheerness  in  connection  with  the  sale  of  Her  Majesty's  steam- 
ship Victor. 

I  pray,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  in  No.  16.] 

Deposition  of  Richard  Spendiff. 

I,  Richard  Spendiff,  of  Brightman's  Court,  Mile  Town,  Sheerness,  do  hereby  truly, 
sincerely,  and  solemnly  swear  that  I  am  a  laborer ;  and  on  Tuesday,  the  24th  of  No- 
vember last,  in  company  with  a  man  named  Maloney,  went  to  see  Mr.  Rumble,  (hav- 


BRITISH    CASE    AND    PAPERS.  725 

ing  previously  seen  him  about  going  to  work  on  board  the  Scylla,)  and  got  a  note  from 
him  (Mr.  Rumble)  to  an  officer  on  board.  I  went  on  board  the  Scylla,  late  Her  Maj- 
esty's steamship  Victor,  in  Sheerness  Harbor,  and  saw  the  captain,  a  person  who  acted 
as  agent,  and  Mr.  Rumble,  in  the  cabin.  They  offered  me  and  others  £6  for  the 
trip,  which  we  refused.  Mr.  Rumble  said  he  thought  it  was  quite  enough,  but  we 
wanted  £8.  This  they  agreed  to  give  each  of  us,  and  £1  5s.  6d.  each  to  pay  our  fares 
home.  We  then  signed  an  agreement  to  go,  (I  as  leading  stoker.)  We  did  not  expect 
to  go  for  some  days,  but,  in  consequence  of  something  that  occurred,  we' went  to  sea 
that  nighfc,  and  arrived  in  Calais  Wednesday  night,  and  went  into  harbor  the  next  day, 
Thursday,  the  20th  of  November.  Soon  after  we  left  Sheerness  the  ship's  name  was 
painted  out  of  her  stern. 

Her  Majesty's  steamship  Victor,  while  in  ordinary,  used  to  lie  at  her  moorings  on 
the  west  shore,  Sheerness  Harbor.  After  she  was  sold  she  went  into  the  basin  in  the 
dock-yard,  and  was  calked  all  over,  except  her  lower  deck.  This  took  about  ten  days. 
She  then  went  back  to  her  old  mooring,  and  remained  several  days ;  then  she  went 
alongside  Her  Majesty's  ship  Cumberland,  and  on  Saturday,  the  21st  November,  had 
her  lower  masts  put  in  from  off  that  ship,  the  Cumberland.  She  went  to  another  part 
of  the  harbor,  off  a  place  called  Westminster.  This  was  more  convenient  for  the  dock- 
yard men  to  go  to  and  fro.  Some  of  her  stores,  riggiug,  &c,  were  put  on  board  from 
sailing-barks  from  London,  as  well  as  her  coals,  150  tons,  or  thereabouts,  which  we 
stowed  in  her  bunkers.  The  water  (two  casks)  was  put  on  board  from  the  dock-yard 
sailing-tank  about  1  or  2  o'clock  in  the  afternoon,  as  we  sailed  at  night.  The  Victor, 
or  Scylla,  had  six  boilers.  Only  five  of  them  could  be  used  when  we  left,  and  on  the 
run  two  others  broke  down,  so  that  we  had  three  useless,  viz,  the  high  and  low  port  and 
the  high  starboard  boilers.  When  we  left  her  the  only  boilers  in  working-order  were 
the  fighting  ones.  The  magazine  was  in  good  condition,  having  been  repaired  since 
she  was  sold.  The  eye-bolts  to  work  her  broadside  guns  were  in  ;  her  lower  masts  were 
not  wedged  after  having  been  put  in  from  the  Cumberland;  her  standing-rigging  was 
on  and  set  up,  but  not  rattled  down.  She  had  no  sails  bent  when  she  left  the  port  of 
Sheerness.  She  had  about  eight  riggers  from  the  dock-yard  at  work  at  her  rigging. 
These  men  continued  to  work  on  her  rigging  during  her  run  to  and  after  her  arrival 
at  Calais.  Mr.  Rees,  the  master-rigger  of  Sheerness  clock-yard,  was  on  board  when  we 
left  Sheerness,  but  returned  in  the""  tug.  When  she  left  Sheerness  she  was  prepared  to 
sling  hammocks  for  about  150  men,  the  hammock-hooks  being  in  their  places  and  the 
hammocks  on  board.  The  bedding  for  the  same  number  of  hammocks,  with  blankets, 
and  remaining  part  of  her  stores,  was  put  on  board  from  the  tug-boat  that  towed  her 
to  sea,  after  leaving  Sheerness,  coming  alongside  for  that  purpose.  There  was  no  water 
on  board  for  a  voyage  ;  only  the  two  casks  before  named.  When  we  left  for  Sheerness,  I 
consider  (with  my  experience  of  seventeen  years  in  the  navy)  she  was  not  in  a  fit  state 
to  go  to  sea.  When  we  arrived  at  Calais  a  new  captain  came  on  board,  who  told  us  he 
had  been  chief  mate  of  the  Alabama.  He  ordered  all  hands  up,  and  asked  us  if  we 
would  enter  the  confederate  service.  He  said  he  would  give  each  a  bounty  of  £10, 
besides  £8  per  month,  if  we  would  sign  articles  for  twelve  months.  He  said  the  ship 
was  a  confederate  man-of-war;  she  was  to  have  eight  guns,  and  was  to  go  to 
[630]  the  Downs  and  then  to  the  north  of  ^Ireland;  but  that  we  might  have  to  fight 
the  American  cruisers,  as  there  were  three  of  them  outside  the  harbor  waiting 
to  catch  us,  and  we  should  have  to  fight  or  run.  He  said  my  ship,  the  Rappahannock, 
was  to  cruise  the  same  as  the  Alabama  and  Florida,  and  that  we  were  to  cruise  for 
prize-money.  On  the  1st  December  eight  boiler-makers  went  over  to  Calais  from  the 
dock-yard  to  work  on  board  the  ship.  There  were  some  men  working  on  board  the 
Scylla  as  stokers  before  I  joined  her.  They  came  from  Woolwich.  I  do  not  know  their 
names. 

Ms 
(Signed)  RICHARD  -f-  SPENDIFF. 

mark. 

Witness  to  the  mark  of  Richard  Spendiff: 
(Signed)  Joshua  Nunn. 

Sworn  by  the  deponent,  Richard  Spendiff,  at  my  office,  No.  11  Birchin  Lane,  in  the 
city  of  London,  this  8th  day  of  December,  1863,  the  witness  to  the  mark  of  the  deponent 
being  first  sworn  that  he  had  truly,  distinctly,  and  audibly  read  over  the  contents  of  the 
above  affidavit  of  the  said  deponent,  and  that  he  saw  him  make  his  mark  thereto. 
Before  me, 
(Signed)  WILL'M  MURRAY, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


726  TREATY    OF   WASHINGTON. 

No.  17. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  Decemoer  15, 1863.  (Eeceived  December  15.) 
Sir  :  With  reference  to  my  letter  of  the  11th  instant  respecting  the 
case  of  the  Scylla,  of  London,  late  Victor,  I  am  commanded  by  my  lords 
commissioners  of  the  admiralty  to  transmit  herewith,  for  the  informa- 
tion of  Earl  Russell,  copies  of  two  letters,  dated  the  9th  and  14th  in- 
stant, from  Vice- Admiral  Sir  George  E.  Lambert,  forwarding  explana- 
tions from  Mr.  Rumble,  inspector  of  machinery  afloat  at  Sheerness,  of 
his  proceedings  with  regard  to  the  fitting  out  of,  and  engaging  men  for, 
the  Scylla,  together  with  copy  of  my  letter  of  the  10th  instant  to  Sir 
George  Lambert  upon  this  subject. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[In closure  1  in  No.  17.] 
Vice-Admiral  Sir  G.  Lambert  to  the  secretary  to  the  admiralty. 

-5  Formidable,  at  Sheerness,  Decemoer  9, 1863. 

My  Lord  :  In  continuation  of  my  letter  of  the  3d  instant,  I  inclose  a  letter  from  the 
inspector  of  machinery  afloat,  reporting  how  far  he  was  employed  in  fitting  out  and 
engaging  men  for  the  Victor. 
I  have,  &c, 
(Signed)  GEORGE  LAMBERT. 


[Inclosure  2  in  No.  17.] 

Captain  Sail  to  Vice-Admiral  Sir  G.  B.  Lambert. 

Cumberland,  Sheerness,  December  9,  1863. 
Sir  :  Having  met  Mr.  Rumble,  the  inspector  of  machinery,  in  London,  in  compliance 
with  your  memorandums,  dated  4th  December,  I  directed  him  to  return  to  this  port  for 
the  purpose  of  inquiry  connected  with  your  memorandum  of  3d  December,  respecting 
the  fitting  out  and  engaging  men  for  the  Victor,  a  copy  of  which  memorandum  has 
been  given  to  Mr.  Rumble,  and  his  reply  herewith  forwarded  for  your  information. 
I  have,  &c, 
(Signed)  W.  K.  HALL. 


[631]  *  [Inclosure  3  in  No.  17.] 

Mr.  Bumble  to  Captain  Hall. 

Steam-Reserve  Office,  Her  Majesty's  Dock- Yard,  Sheerness, 

December  9,  1863. 

Sir:  In  reply  to  your  letter  as  to  whether  I  have  assisted  in  fitting  out  and  engaging 
men  for  the  Victor,  I  beg  to  inform  you  that  the  owners  of  that  vessel  wrote  a  note  to 
me  when  the  ship  was  in  dock,  asking  me  to  inspect  and  point  out  any  repairs  neces- 
sary to  be  done  to  that  ship's  engines,  &c.  This  note  I  showed  to  Captain  Wise,  and, 
during  the  time  the  ship  was  in  dock,  I  examined  engines,  boilers,  &c,  as  I  would 
have  done  for  one  of  our  own  ships. 

Subsequently,  and  before  the  ship  left  the  basin,  a  gentleman  whose  name  was  Mr. 
Ramsay,  and  who  introduced  himself  as  the  mate  of  the  ship,  often  came  to  me  and 
asked  me  questions  relative  to  the  ship's  speed,  stowage  of  coals,  &c,  at  the  same  time 
stating  if  there  were  any  men  to  be  had  to  fit  out  the  ship,  and  I  would  send  them  to 
him,  he  would  employ  them. 

When  the  steam  was  got  up  to  try  the  engines,  boilers,  &c,  as  a  point  of  duty,  and 
for  my  own  information,  the  vessel  having  been  fitted  for  the  second  division,  and  de- 


BRITISH    CASE    AND     PAPERS.  727 

sirous  of  ascertaining  the  effect  of  long  standing  upon  the  machinery,  I  went  on  board. 
The  tubes  of  the  boilers  being  very  leaky,  I  told  the  captain  superintendent,  and  also 
the  captain  of  the  steam-reserve-,  and  suggested  that  I  thought  we  should  occasionally 
get  up  steam  in  some  of  the  vessels  to  try  the  tubes,  reverting  to  the  case  of  the  Meea- 
nee  and  Arethusa's  tubes.  During  the  period  of  the  ship's  fitting  out,  the  mate  called 
at  my  house  in  the  evening,  and  was  several  times  a  guest  at  my  house,  being  a  well- 
educated  Scotchman,  and  told  me  he  had  served  in  China  in  the  transport  service. 
The  day  the  vessel  left  this  port  I  was  ordered  on  board  by  the  captain  superintend- 
ent, to  see  if  there  were  any  government  articles  on  board  that  did  not  belong  to  the 
ship,  and  I  reported  that  I  found  nothing.  Several  of  the  tradespeople  of  this  place 
were  employed  on  board  the  vessel,  Mr.  Ramsay  making  use  of  my  name  as  a  guarantee 
for  the  payment  of  the  bills,  and,  to  my  surprise,  the  vessel  left  the  harbor  several  days 
before  I  expected,  leaving  the  bills  unpaid.  Being  on  subpcena  on  a  trial,  and  not  be- 
ing required  for  a  day  or  two,  I  went  over  to  Calais  to  see  Mr.  Ramsay,  to  get  the 
money  to  pay  these  biils.  He  took  me  to  the  captain  of  the  vessel,  who  refused  to  have 
anything  to  do  with  me,  and  I  am  now  responsible  for  bills  to  the  amount  of  £432. 

Beyond  this  statement  I  engaged  no  men,  nor  was  I  any  otherwise  engaged  in  fitting 
out  the  vessel. 

I  am,  &c, 

(Signed)  W.  M.  RUMBLE, 

Inspector  of  Machinery  Afloat, 


[Inclosure  4  in  No.  17.] 

The  secretary  to  the  admiralty  to  Vice-Admiral  Sir  G.  Lambert. 

Admiralty,  December  10,  1863. 
Sir  :  "With  reference  to  your  communication  of  the  9th  instant,  and  the  statements 
made  by  Mr.  Rumble,  inspector  of  machinery  afloat,  that  Mr.  Ramsay,  mate  of  the 
Rappahannock,  late  Victor,  used  his,  Mr.  Rumble's,  name  as  a  guarantee  for  the  pay- 
ment of  tradesmen's  bills,  I  am  commanded  by  my  lords  commissioners  of  the  admi- 
ralty to  signify  their  direction  to  you  to  call  upon  Mr.  Rumble  to  state  whether  he 
authorized  his  name  being  thus  made  use  of,  or  in  what  manner  he  has  become  respon- 
sible for  the  bills. 

Mr.  Rumble  is  also  to  state  more  clearly  whether  he  assisted  in  engaging  men  for  the 
repairs  of  machinery,  or  for  service  in  the  vessel,  and  whether  he  had  any  information 
of  her  intended  employment. 

I  am,  &c,  * 

(Signed)  W.  G.  ROMAINE. 


[632]  *  [Inclosure  5  in  ZSTo.  17.1 

Mr.  Bumble  to  Captain  Hall. 
I  Confidential.] 

Sheerness,  Decembei'  14,  1863. 
Sir  :  In  compliance  with  your  order  calling  upon  me  to  state  how  I  became  guaran- 
tee for  the  payment  of  tradesmen's  bills  contracted  by  Mr.  Ramsay,  mate  of  the  Rappa- 
hannock, late  Victor,  I  beg  to  state  that  Mr.  Ramsay  did  not  represent  himself  as  mate 
of  the  Rappahannock,  but  of  the  Scylla,  and  in  that  capacity  he  asked  me  to  give  him 
the  names  of  the  most  respectable  tradespeople  in  this  town  to  deal  with,  and  I  having 
done  so,  the  tradespeople  consider  me  responsible.  Whether  this  be  legally  right  or 
not  I  do  not  know,  but  I  feel  morally  responsible,  from  the  fact  of  my  having  recom- 
mended him  to  those  people,  and  therefore  I  felt  in  duty  bound  to  interest  myself  for 
the  recovery  of  the  bills. 

With  reference  to  the  second  paragraph,  viz,  to  state  more  clearly  whether  I  assisted 
in  engaging  men  for  the  repairs  of  machinery  or  for  service  in  the  vessel,  and  whether 
I  had  any  information  of  her  intended  employment,  I  beg  to  state  that  I  did  not  assist 
in  engaging  men  for  the  repairs  of  machinery  or  for  service  in  the  vessel  named, 
neither  did  I  know  anything  of  her  intended  employment,  further  than  that  she  was 
going  to  China. 

I  have,  &c, 

(Signed)  H.  M.  RUMBLE, 

Inspector  of  Machinery  Afloat. 


728  TREATY    OF   WASHINGTON. 

No.  18. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  December  16, 1863. 

Sir:  The  circumstances  connected  with  the  sale  and  subsequent  re- 
moval from  Sheerness  of  the  vessel  now  called  the  Rappahannock,  but 
formerly  Her  Majesty's  gun- vessel  Victor,  to  which  you  called  my  atten- 
tion in  your  letters  of  the  28th  November  and  5th  December,  have 
engaged  the  serious  attention  of  Her  Majesty's  government;  and  I  have 
the  honor  to  inform  you  that  Her  Majesty's  government  are  fully  de- 
termined to  take  such  steps  as  may  legally  be  within  their  power  to  put 
in  force  the  laws  of  this  country  against  any  persons  who  in  this  matter 
may  appear  to  have  transgressed  them. 

As  regards  the  other  vessels  which,  in  your  letter  of  the  28th  Novem- 
ber, you  state  that  you  have  reason  to  believe  may  be  charged  with  the 
materials  for  the  armament,  and  possibly  with  a  portion  of  the  crew  of 
the  Rappahannock,  I  have  the  honor  to  state  to  you  that  the  collector 
of  customs  at  Plymouth  has  reported  that  the  Agrippina,  which  arrived 
at  that  port,  wind-bound,  on  the  20th  November,  sailed  again  on  the  fol- 
lowing; morning  for  Bermuda,  having  not  shipped  at  Plymouth  either 
cargo,  crew,  or  passengers,  and  with  her  hatches  battened  down  and 
her  boats  stowed  away  in  the  usual  manner  for  a  long  voyage. 

The  Harriet  Pinckney,  whose  destination  was  also  Bermuda,  put  into 
Plymouth  under  stress  of  weather  on  the  21st  November,  and  has  been 
obliged  to  discharge  her  cargo  there  in  order  to  obtain  necessary  re- 
pairs, the  completion  of  which  will  probably  require  considerable  time. 
I  am,  &c, 
(Signed)  EUSSELL. 


No.  19. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  December  16,  1863.  (Received  December  17.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  a  copy 
of  an  extract  from  a  letter  addressed  to  me  by  Mr.  Morse,  the  consul  of 
the  United  States  at  London,  together  with  an  official  copy  of  a  paper 
which  appears  to  prove  that  the  vessel  which  escaped  from  Sheerness 
the  other  day,  and  now  goes  by  the  name  of  the  Rappahannock,  at 
Calais,  is  actually  owned  and  held  by  Robert  Gordon  Coleman,  a  British 
subject,  doing  business  at  No.  28  Clement's  Lane. 

I  trust  I  need  not  point  out  to  your  lordship  that  this  pro- 
[633]    ceeding  involves  either  a  *gross  fraud  or  a  case  of  hostile  equip- 
ment attempted  by  one  of  Her  Majesty's  subjects.    In  either 
instance  I  cannot  permit  myself  to  doubt  that  Her  Majesty's  government 
will  take  suitable  measures  to  sustain  the  neutrality  of  the  country 
against  violation. 
I  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


BRITISH    CASE    AND    PAPERS. 


729 


[Inclosure  1  in  No.  19.  J 

Mr.  Morse  to  Mr.  Adams. 

United  States  Consulate, 

London,  December  15,  1863. 
Sir  :  I  herewith  forward  to  you  an  official  copy  of  the  register  of  the  privateer  Scylla, 
or  Rappahannock.  You  will  notice  that  she  stands  this  day  registered  at  the  proper 
department  of  the  English  revenue  service  as  a  British  ship .  There  has  been  no  legal 
transfer,  and  the  legal  ownership  at  3  o'clock  this  day  was  in  Robert  Gordon  Coleman's 
name,  No.  28  Clement's  Lane,  London.  So*  far,  therefore,  as  the  true  ownership  is 
shown  by  the  papers  required  to  make  a  legal  transfer,  she  is  a  British  privateer  under 
the  rebel  flag. 

******** 

English  boiler-makers  from  Sheerness,  and  other  mechanics,  are  still  at  work  fitting 
her  out,  and  seamen  are  almost  daily  sent  to  her  from  this  country,  in  small  numbers  at 
a  time. 

I  remain,  &c, 

(Signed)  F.  H.  MORSE,  Consul 


[634]  *  [Inclosure  2  in  No.  19.J 

Form  No.  219. 

Copy  register  for  transmission  to  chief  registrar  of  shipping. 

Official  No.  of  ship  48,554. — Name  of  ship  Scylla. 


1 

■E 

o 

0+3 

"B 

o 

p* 

1- 

el 

Whether   a 
sailing      or 
steamship; 
if     steam, 
how    pro- 
pelled. 

"Where  built. 

"B 

fit 

Number,  date, 
and  port  of 
previous 
registry,  (if 
any.) 

448 

London  . 

British... 

Steam-screw . . 

In  the    river   Thames,  for 
Her  Majesty's  government. 

1857 

k 

Number  of  decks,  one  ;  number  of  masts,  three  ;  rigged,  bark;  stern,  square;  build, 
carvel ;  gallery,  none  ;  head,  woman  figure ;  framework,  wood. 


TONNAGE. 

Tonnage  under  tonnage  deck 

Closed-in  spaces  above  the  tonnage  deck,  if  any ;  viz  : 

Space  or  spaces  between  decks 

Poop 

Round-house 

Other  inclosed  spaces,  if  any,  naming  them 

Deduct  allowance  for  propelling  power., 

Register  tonnage 


No.  of  tons. 
529.11 


529.11 
296.56 

232.55 


730  TEE  AT  Y    OF   WASHINGTON. 

MEASUREMENTS. 


Feet.       Tenths. 


Length  from  the  fore  part  of  the  stem  under  the  bowsprit  to  the  aft 

side  of  the  head  of  the  stern-post 192  7 

Main  breadth  to  outside  of  plank 29  6 

Depth  in  hold  from  tonnage  deck  to  ceiling  at  midships 14.  1 

ADDITIONAL  PARTICULARS  FOR  STEAMERS. 

Tons. 

Deduction  for  space  required  for  propelling  power 296.56 

Length  of  engine-room,  (if  measured) 73  feet  4.10  tenths. 

Number  of  engines 2 

Combined  power,  (estimated  horse-power) 350 

Names,  residence,  and  description  of  the  owners,  and  number  of  sixty-fourth  shares 
held  by  each  owner : 

Eobert  Gordon  Coleman,  of  28   Clement's  Lane,  in  the  city  of 

London,  merchant .' - 64  shares. 

November  6,  1863. 

(Signed)  EDWARD  SHEPPARD,  Registrar. 

N.  B—  To  be  addressed  in  an  envelope  to  the  chief  registrar  of  shipping,  custom-house, 
London. 


No.  219. — Copy  of  register  for  transmission  to  chief  registrar  of  shipping. 

References  to  transactions.    Changes  of  masters. 

(Issued  December  17,  1863.) 

I  hereby  certify  the  ioregoing  copy  of  certificate  of  registry  to  be  a  true  copy. 

(Signed)  H.  MAYO,  Registrar- General. 

General  Register  and  Record  Office  of  Seamen  and  Shipping, 

London,  December  17,  1863. 


[635]  *No.  20. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  December  17, 1863. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  16th  instant,  inclosing  further  papers  respecting  the  case  of  the 
Eappahannock ;  and  I  have  to  inform  you  that  the  same  shall  receive 
the  consideration  of  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  EUSSELL. 


x  ]$o.  21. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
December  23,  1863.     (Keceived  December  23.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  a  copy 
of  a  letter  received  from  Mr.  Morse,  the  consul  of  the  United  States  at 


BRITISH    CASE    AND    PAPERS.  731 

this  port,  together  with  copies  of  seven  depositions  of  persons  who  tes- 
tify to  the  proceedings  connected  with  the  outfit  and  departure  of  the 
steamer  Scylla,  Victor,  or  Eappahannock,  from  Sheerness,  and  her  later 
condition  at  Calais. 

It  is  with  the  most  profound  regret  that  I  am  forced  to  the  conclusion 
that  the  entire  movement  has  been  conducted  with  the  connivance  and 
direct  aid  of  many  of  Her  Majesty's  officers  stationed  within  the  royal 
dock-yard  at  Sheerness.  The  testimony  in  regard  to  the  masts  furnished 
from  the  Cumberland  j  the  supply  of  water  and  some  stores ;  the  aid  of 
a  government  pilot  $  and  the  privity  of  many  officers  of  the  yard  to  the 
employment  of  the  hands,  appears  to  be  very  conclusive. 

The  agency  of  Mr.  Coleman,  a  British  subject,  and  the  apparent  owner 
of  a  vessel  now  pretending  to  claim  the  protection  of  the  French  gov- 
ernment as  a  belligerent  ship  of  war,  seems  also  to  require  notice.  Mr. 
Coleman  is  thus  presented  as  a  person  carrying  on  war  with  the  United 
States,  or  else  he  is  making  himself  a  party  to  a  gross  fraud  upon  the 
government  of  France,  with  the  intent  to  violate  the  neutrality  enjoined 
upon  him  by  Her  Majesty's  proclamation. 

I  have  felt  it  my  painful  duty  to  bring  to  your  lordship's  notice  these 
particulars  of  this  most  extraordinary  case,  not  from  any  doubt  of  the 
determination  of  Her  Majesty's  government,  already  signified  to  me,  to 
do  justice  in  the  matter,  but  from  a  sense  of  an  obligation  to  do  every- 
thing within  my  power  to  contribute  to  the  exposure  of  the  offenders. 
I  pray,  &c, 
(Signed)  CHAELES  FRANCIS  ADAMS. 


[Inclosure  1  in  No.  21.] 

Mr.  Morse  to  Mr.  Adams. 

United  States  Consulate, 
London,  December  22,  1863. 

Sir:  I  herewith  inclose  affidavits  of  Enoch  Cohen,  George  Hill,  James Nunn,  Charles 
Newton,  James  Maloney,  William  O'Kelly,  and  George  Bailey,  in  the  case  of  the  priva- 
teer Victor,  Scylla,  or  Eappahannock. 

Permit  me  to  call  your  attention  to  the  date  of  the  advance  note  given  to  Charles  Lull, 
a  seaman,  which  was,  some  days  after,  paid  by  Eobert  Gordon  Coleman,  No.  28  Clem- 
ent's Lane,  London,  who  appears  by  the  record,  evidence  to  be  the  lawful  owner  of  the 
privateer  Rappahannock,  now  under  the  confederate  flag.  The  Victor,  or  Scylla,  escaped 
from  Sheerness  on  the  evening  of  the  24th  of  November.  The  note  was  given  when 
the  man  Bull  was  shipped,  on  the  25th  of  November,  and  was  paid  by  Coleman  on  the 
11th  of  December.  So  far  as  any  recorded  evidence  shows  ownership,  the  legal  title  to 
the  rebel  privateer  Rappahannock  is  still  in  R.  G.  Coleman,  a  London  merchant.  The 
papers  herewith  and  previously  sent  to  you  prove  that  he  has  interested  himself  in 
suPplying  his  corsair,  now  under  the  confederate  flag,  since  she  left  Sheerness,  and  since 
she  hoisted  that  flag,  with  a  largenumber  of  seamen.  Mr.  Coleman's  connection  with 
the  purchase,  fitting,  and  manning  of  the  Rappahannock  is  too  clearly  established  to 

be  called  in  question. 
[636]  *Should  it  be  urged,  as  a  reason  for  not  making  any  effort  to  re-claim  the  Rap- 
pahannock as  a  piratical  British  ship  under  a  foreign  flag,  or  to  prevent  her  from 
proceeding  to  sea  as  a  privateer,  that  an  English  ship  can  be  sold  to  foreigners  without 
a  canceling  of  her  register  in  this  country,  and  that  Mr.  Coleman  may  have  sold  her 
since  she  left  this  country,  we  reply  that  so  far  as  is  known  he  is  still  the  owner  ;  that 
the  legal  record  of  ownership  shows  her  to-day  to  be  an  English  ship,  and  that  it  is 
incumbent  on  the  authorities  here  to  prevent  her  from  piratical  acts,  or  to  show  that 
all  title  to  her  has  legally  passed  from  citizens  of  this  country  to  foreigners,  and  that 
she  is  now  lawfully  held  by  such  foreigners. 

t  It  is  a  question  of  some  interest  to  know  how,  in  the  present  state  of  European  law 
in  reference  to  privateers,  a  rebel  cruiser  can  commence  her  piratical  career  from  a 
European  port,  with  papers  that  will  be  respected,  or  rather  ought  to  be  respected,  by 


732  TREATY    OF    WASHINGTON. 

• 
the  maritime  powers  of  Europe.    Who  has  authority  to  issue  such  papers,  and  to  claim 
for  them  the  acknowledgment  and  respect  of  maritime  States  ? 

I  would  also  respectfully  ask  your  attention  to  the  date  of  the  engagement  with  the 
boiler-makers,  at  the  Sheerness  dock-yard,  by  Engineer  Rumble,  and  Mr.  Bagshaw,  a 
foreman  in  the  boiler  department,  in  which  transaction  Mr.  Greathead,  a  chief  engi- 
neer in  the  royal  navy,  also  participated,  as  paymaster  to  the  families  of  the  men  at 
Sheerness,  in  the  absence  of  Mr.  Rumble.  The  engagement  of  these  boiler-makers,  to 
go  to  Calais  to  repair  the  boilers  of  the  privateer  Rappahannock,  was  five  or  six  days 
after  that  steamer  left  Sheerness,  and  some  four  days  after  her  arrival  at  the  port  of 
Calais,  in  France,  under  the  rebel  flag,  and  after  she  had  been  announced  in  the  news- 
papers of  England  as  a  rebel  privateer  escaped  from  an  English  port. 

Very  sincerely,  &c, 

(Signed)  F.  H.  MORSE,  Consul. 


[Inclosure  2  in  No.  21. J 
Advance  Note.    . 

£3  15s.  London,  November  25,  1863. 

Three  days  after  the  steamship  Stella,  pro  tern.,  leaves  Downs,  pay  to  the  order  of 
Charles  Bull  (provided  he  sails  in  the  said  ship,  and  is  duly  earning  his  wages  according 
to  his  agreement)  the  sum  of  £3  15s.,  being  one  month's  advance  of  wages. 

(Signed)  THOMAS  ANSON,  for  Master. 

Messrs.  Gordon  &,  Co. 

Payable  at  28  Clement's  Lane,  City. 

The  seaman  must  write  his  name  on  the  back  hereof;  by  this  act  he  will  understand 
he  is  conveying  to  another  the  value  of  the  note.  If  he  cannot  write,  his  mark  must 
be  attested  by  a  witness,  not  the  discounter  of  recipient. 

N.  B. — The  seaman  must  join  the  ship  at  the  time  appointed,  or  a  substitute  will  be 
engaged.     Ship  lying  in. or .    Time  to  join . 

Sold  by  J.  Omer,  99  Minories,  London,  Navigation  Office. 

Indorsed  at  back : 

hia 
(Signed)  .  CHARLES  +  BULL. 

mark 
Witness : 

(Signed)  N.  COHEN. 

This  is  the  paper  writing  referred  to  in  the  annexed  affidavit  of  Enoch  Cohen,  sworn 
before  me  this  11th  day  of  December,  1863. 

(Signed)  JOHN  CASTLE  GANT, 

A  London  Commissioner  to  administer  Oaths  in  Chancei*y. 


jlnclosure  3  in  No.  21.1 

Affidavit  of  Enoch  Cohen. 

I,  Enoch  Cohen,  of  No.  9  Palmer  street,  Spitalfields,  do  solemnly  swear  that  the 
foregoing  writing  is  a  true  and  faithful  copy  of  an  original  advance  note,  received  by 
me  from  N.  Cohen,  tailor  and  outfitter,  of  Wells  street,  Wellclose  square,  to  collect,  the 
said  note  having  been  given  to  Charles  Bull,  able  seaman,  as  advance  for  wages  to  be 

earned  on  board  the  steamship  Stella,  or  Scylla,  or  Rappahannock,  then  lying  at 
[637]  *Calais.     I  had  two  other  advance  notes  from  seamen  named  John  Dewslip,  A. 

B.,  and  Abraham  Butler,  boy,  which  were  given  them  at  a  public  house  in  Royal 
Mint  street.  I  received  the  money  for  the  last  two  notes  at  the  office  of  Mr.  Robert 
Gordon  Coleman,  28  Clement's  Lane,  and  Charles  Bull's  note  was  paid  me  at  Mr.  Pear- 
son's office,  No.  9  Clement's  Lane,  by  a  Mr.  Daley. 

(Signed)  ENOCH  COHEN. 

Sworn  at  my  office,  No.  57  Nicholas  Lane,  in  the  city  of  London,  this  11th  day  of 
December,  1863,  before  me, 

JOHN  CASTLE  GANT, 
A  London  Commissioner  to  administer  Oaths  in  Chancery. 


BRITISH    CASE    AND    PAPERS.  733 

[Inclosure  4  in  3sTo.  21  .J 
Affidavit  of  George  Hill. 

I,  George  Hill,  of  Hythe,  Kent,  sailraaker,  late  of  Her  Majesty's  steam  frigate  Emer- 
ald, having  been  paid  off  from  that  ship  about  two  months  since,  do  solemnly  swear 
that  in  the  beginning  of  November  last,  upon  applying  to  Mr.  Rumble,  Her  Majesty's 
inspector  of  machinery  afloat  at  Sheerness,  for  a  ship,  he  sent  me  on  board  the  screw- 
steamer  Victor,  to  work  as  sailmaker.  I  remained  on  board  until  the  24th  of  Novem- 
ber, on  the  night  of  which  day  the  ship  suddenly  left  for  Calais.  Upon  arriving  there, 
another  captain  took  command,  and  wanted  me  to  sign  articles,  at  £10  a  month,  in 
her.  I  was  then  told  that  she  was  a  confederate  man-of-war,  and  was  to  have  had  £10 
bounty.  I  refused  to  serve  in  her,  and  received  £3  only,  with-which  to  return  to  Lon- 
don. Several  of  the  men  who  joined  her  in  Calais,  signed  arocles  there,  after  know- 
ing what  she  was.  When  I  joined  her  she  had  no  masts  in  her.  They  were  afterward 
put  in  by  Her  Majesty's  ship  Cumberland.  The  Scylla  was  but  one-quarter  rigged, 
and  not  in  a  fit  state  to  go  to  sea,  her  rigging  not  being  rattled  down. 

(Signed)  GEORGE  HILL. 

Sworn  12th  day  of  December,  1863,  before  me, 

(Signed)    *  JOHN  CASTLE  GANT, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[Inclosure  5  in  No.  21.1 
Affidavit  of  James  Nunn.  «•* 

I,  James  Nunn,  lately  residing  at  No.  2  Union  Row,  Sheerness,  able  seaman,  do  sol- 
emnly and  truly  swear  that  on  October  last,  while  at  work  in  Sheerness  dock-yard,  I 
was  asked  by  Mr.  Rumble,  Her  Majesty's  inspector  of  machinery  afloat  at  Sheerness, 
to  join  the  screw-steamer  Scylla,  of  London,  and  go  to  work  upon  her  at  once.  He 
told  me  she  was  a  merchant-ship,  and  was  to  be  fitted  up  for  the  China  opium  trade. 
I  went  to  work  on  her,  at  his  recommendation.  She  was  under  the  command  of  Cap- 
tain Ramsay.  On  the  24th  of  November,  at  night,  she  suddenly  left  her  port,  and  on 
the  following  day  put  into  Calais  harbor.  Captain  Campbell  then  took  command,  and 
I  was  told  by  him  that  she  was  a  confederate  man-of-war,  and  he  asked  me  to  join,  but 
I  refused.  Before  I  left  the  ship  forty  men  came  from  London  to  join  her,  but  they  all 
refused  to  sign  articles,  with  the  exception  of  seven,  wTho  remained  on  board  and 
signed  articles  there.  I  received  only  £2  10s.  for  my  month's  work,  and  had  to  pay  my 
carriage  back  to  this  port,  and  Captain  Campbell  detained  my  discharge.  I  am  now 
destitute,  and  cannot  obtain  a  ship  in  consequence  of  his  detaining  my  discharge. 
While  I  was  on  board  she  was  taken  to  No.  3  dock,  Sheerness  dock-yard.  She  had  her 
bottom  scribed,  and  the  copper  repaired,  her  topsides  calked  and  painted. 

(Signed)  JAMES  NUNN. 

Sworn,  &c,  12th  December,  before  me, 

(Signed)  JOHN  CASTLE  GANT, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[638]  *[Inclosnre  6  in  No.  21.] 

Affidavit  of  Charles  Neivton. 

I,  Charles  Newton,  of  Sheerness,  do  hereby  truly,  solemnly,  and  sincerely  swear  that 
I  went  to  work  on  board  the  screw-steamer  Scylla,  late  Her  Majesty's  screw-steamer 
Victor,  at  Sheerness,  about  the  middle  of  November,  -having  been  engaged  by  Mr. 
Howe,  who  paid  me  for  working  on  board  3s.  6d.  per  day.  On  the  24th  November  I 
went  on  the  ship,  at  6  o'clock  in  the  evening,  with  a  Trinity  pilot,  and  commenced 
getting  the  wheel  ready  and  other  preparations  for  going  to  sea.  At  about  half  past  7 
o'clock  Mi*.  Reuben  Harvey,  the  government  pilot,  came  on  board  and  took  command  of 
the  ship.  In  the  night  she  left  Sheerness  in  tow  of  a  tug-boat.  I  was  at  the  wheel,  and 
received  orders  from  Mr.  Harvey ;  about  a  mile  and  a  half  below  the  Nore  the  ship  was 
brought  up  and  laid  there  till  morning,  then  got  under  way,  and  proceeded  to  Calais. 
I  staid  by  her  until  the  following  Wednesday.  Mr.  Ramsay  wanted  me  to  sign  arti- 
cles, but  I  refused.  The  wages  were  too  low,  and  I  did  not  like  the  first  lieutenant.  I 
knew  she  Was  a  confederate  man-of-war  when  I  was  asked  to  sign  articles,  as  the  con- 
federate colors  were  sent  up  just  before  we  entered  Calais  harbor.  I  did  not  know 
which  service  she  was  for  when  I  joined  her,  having  been  told  and  heard  it  talked 


734  TREATY    OF    WASHINGTON. 

about  that  she  was  for  the  opium  trade  or  confederate  service.  When  I  was  asked  to 
sign  articles  we  were  all  told  that  the  steamer  was  a  confederate  man-of-war,  and  that 
we  should  receive  prize-money  as  soon  as  we  had  taken  the  prizes.  The  captain  said 
we  were  to  fight  for  money,  and  he  was  going  to  fight  for  his  country  and  his  home. 
I  then  received  £3  Os.  6d.  in  the  cabin,  in  the  presence  of  Mr.  Rumble  and  Mrs.  Rum- 
ble, and  left  the  ship.  When  I  first  went  on  board  the  water-police  were  upon  the 
ship,  and  some  new  government  warps  and  other  stores  were  on  board.  Mr.  Rees,  the 
master  rigger  of  Sheerness  dock-yard,  went  in  the  boat  with  me,  and  some  riggers  were 
at  work  on  board  from  the  dock-yard.  Mr.  Rees  had  with  him  a  black  bag,  with  some 
stripped  blocks.  These  warps  and  blocks  were  on  board  when  I  left  the  ship  at  Calais. 
The  vessel  was  not  completely  rigged.  Her  masts  had  been  put  in  from  the  Cumber- 
land, but  the  rigging  was  not  rattled  down.  Hammocks  were  on  board  in  bales,  and 
four  boats  were  received  on  board  from  the  tug-boat.  Before  we  left  Sheerness  her 
shell-room  and  magazines  were  up  and  in  good  condition. 

(Signed)  CHARLES  NEWTON. 

Sworn,  &c,  21st  December,  1863,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[Tnclosure  7  in  No.  21. J 
Affidavit  of  James  Moloney. 

I,  James  Maloney,  of  Sheerness,  fireman,  do  hereby  solemnly  and  truly  swear  that  I 
went  on  board  the  screw-steamer  Scylla,  late  Her  Majesty's  screw-steamer  Victor, 
about  the  10th  November,  having  been  engaged  by  Mr.  Rumble  at  £1  Is.  per  week  and 
my  food.  The  wages  were  paid  to  me  regularly  by  Mr.  Rumble,  at  his  house,  before 
the  vessel  started  from  Sheerness.  I  was  working  on  board  as  fireman,  and  assisted 
in  removing  stores,  &c,  about  decks  until  the  day  before  we  left,  when  I  commenced 
working  in  the  engine-room.  On  the  24th  November  a  gentleman,  who  had  arrived 
from  London,  came  on  board.  We  were  suddenly  ordered  away,  and  left  Sheerness 
that  night,  the  vessel  not  being  in  a  fit  condition  to  go  to  sea,  the  boilers  requiring 
new  tubing,  some  of  which  had  been  put  on  board  at  Sheerness.  The  rigging  was 
not  rattled  down  ;  she  had  no  sails  bent,  and  everything  was  in  disorder.  A  large 
number  of  new  hammocks  had  been  put  on  board.  The  magazine  and  shell-rooms 
were  in  good  condition ;  but  nothing  had  been  completed  fit  for  a  sea-going  ship.  Eight 
riggers  were  working  on  board  from  the  government  dock-yard  when  we  left  Sheer- 
ness. The  Scylla  was  towed  to  the  Nore,  and  anchored  a  little  below  until  the  morn- 
ing, then  steamed  to  Calais  harbor.  The  riggers  remained  on  board  two  days  after  her 
arrival  at  Calais,  and  some  boiler-makers  were  sent  from  Sheerness  dock-yard  to  work 
on  board.     They  took  their  orders  from  Mr.  Rumble,  who  was  inspecting  the  machinery 

there.  He  came  over  with  his  wife  for  that  purpose,  I  should  think.  I  was 
[639]  called  aft,  with  all  hands  *on  board,  by  the  captain,  upon  the  second  day  after 

we  arrived  at  Calais,  who  wanted  us  to  sign  articles.  He  read  the  articles,  and 
stated  that  the  ship  was  a  confederate  man-of-war,  and  that  we  were  to  fight  for  prize- 
money,  and  that  he  could  fight  for  love  of  country.  I  refused  going,  as  the  wages  were 
not  satisfactory.  Mr.  Ramsay  had  promised  us  in  Sheerness  £8  per  month,  but  the 
captain  only  offered  £6  2s.  6d.  I  did  not  want  to  go  in  her  at  all  after  finding  what 
employment  we  were  wanted  for.  I  then  received  £2  2s.  6d.,  and  left  the  ship.  As  I 
was  going  on  board  the  steamboat  to  return  to  England,  Mr.  Rumble  met  me  on  the 
pier,  and  told  me  to  return  to  the  Scylla  and  go  to  work  with  the  boiler-makers,  which 
I  did  at  his  request,  aud  worked  for  fourteen  days.  I  was  only  paid  for  eight  days' 
work.  When  I  left  the  ship  the  boiler-makers  from  the  dock-yard  were  discharged, 
and  Mr.  Rennie's  men  went  to  work,  Mr.  Rennie  having  taken  a  contract  to  complete 
the  boilers  and  machinery  and  fit  her  for  sea-service. 

his 

(Signed)  JAMES-f-MALONEY. 

mark. 
Witness  to  the  mark  of  James  Maloney: 
(Signed)  JOSHUA  NUNN. 

Sworn  by  the  deponent,  James  Maloney,  at  No.  5  White  Hart  court,  Lombard  street, 
London,  the  21st  December,  1863,  the  witness  to  the  mark  of  the  deponent  being  first 
sworn,  &c,  before  me,  N 

(Signed)  J.  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


BRITISH    CASE    AND    PAPERS.  735 

[Inclosure  8  in  No.  21.] 
Affidavit  of  William  0' Kelly. 

I,  William  O'Kelly,  of  41  Smith  street,  Mile  End,  London,  do  truly  and  solemnly 
swear  that  on  the  24th  November  last  I  went  to  Sheerness  to  make  inquiries  about  a 
voyage,  hearing  that  Mr.  Rumble,  inspector  of  machinery  afloat  of  Her  Majesty's  dock- 
yard, Sheerness,  was  engaging  a  crew  for  a  steamer  called  the  Scylla,  formerly  Her 
Majesty's  screw-steamer  Victor.  I  arrived  at  Sheerness  at  9.30  p.  m.  I  heard  the 
steamer  was  in  port,  but  not  ready  for  sea,  and  that  she  wanted  hands.  Early  next 
morning  I  found  that  she  had  gone  in  the  night,  having  left  in  great  haste,  and  in  an 
incomplete  state,  soon  after  midnight.  Not  believing  she  had  gone  in  that  con- 
dition, as  she  was  not  fitted  for  sea,  I  saw  Mr.  Rumble  about  8  o'clock  a.  m.,  and  told 
him  that  hearing  men  were  wanted  for  the  Scylla,  I  had  come  down  to  make  inquiries 
for  a  number  of  seamen  who  were  in  want  of  a  ship,  fie  said,  "  You  are  too  late,  for 
the  ship  has  gone,"  but  that  she  still  wanted  about  twenty  men,  and  that  if  I  would 
call  at  Mr.  Coleman's,  No.  9  Clement's  Lane,  London,  the  next  morning,  Thursday,  26t£ 
November,  I  could  learn  more  particulars  about  it,  and  perhaps  meet  him  there.  I 
went  to  No.  9  Clement's  Lane,  according  to  appointment,  but  did  not  see  Mr.  Coleman 
or  Mr.  Rumble.  On  Saturday,  28th  November,  I  called  again  at  No.  9  Clement's  Lane, 
but  found,  instead  of  Mr.  Coleman,  a  Mr.  Pearson.  I  told  him  that  I  had  called  to  see 
Mr.  Rumble  by  appointment,  but  had  been  unable  to  find  him  or  the  place,  as  he  gave 
me  the  name  of  Coleman,  at  whose  office  I  was  to  call.  Mr.  Pearson  said,  "  Mr.  Rumble 
is  here  now ;  would  you  like  to  see  him?"  I  replied,  "  Yes,"  and  Mr.  Rumble  came  out 
from  an  inner  office.  I  told  him  I  had  come  respecting  the  men  I  spoke  to  him  at 
Sheerness  about.  He  asked  me  if  I  could  get  some  good  men,  as  he  would  like  the 
best  going,  but  would  not  like  to  give  an  order  at  present.  I  said  I  would  call  again 
in  a  few  days,  and  on  Thursday,  1st  December,  I  went  again  at  No.  9  Clement's  Lane, 
and  saw  Mr.  Rumble.  He  informed  me  he  had  nothing  to  do  with  the  ship  now  ;  and 
said  she  had  been  bought  by  Mr.  Pearson,  but  belonged  to  Mr.  Coleman,  as  Mr.  Pear- 
son was  a  bankrupt,  and  unable  to  purchase  at  present,  and  that  Mr.  Coleman  and. 
Mr.  Pearson  were  brothers-in-law.  After  some  further  conversation  respecting  the 
crew,  I  asked  him  where  the  captain  was  to  be  found.  (Mr.  Rumble  had  told  me  that 
he  had  nothing  further  to  do  with  her,  and  that  Captain  Campbell  had  command  now.) 
He  answered,  "  In  Calais,"  and  advised  me  to  go  there  and  see  him  myself.  I  started 
same  night  by  train  at  8.35  p.  m.,  and  arrived  at  Calais  at  1  a.  m.  on  the  2d  December. 
At  daylight  I  went  down  to  the  pier,  and  spoke  with  one  of  the  men  who  had  been 
brought  from  London  to  join  the  Scylla  the  night  before,  and  afterward  spoke  with 

one  of  the  men  from  Woolwich  who  had  come  to  join  her,  but  in  consequence 
[640]  of  discovering  what  she  was  had  left  her,  as  nearly  all  had  done.     He  "informed 

me  that  all  the  Woolwich  men  had  been  engaged  by  Mr.  Rumble.  Others  of  the 
crew  then  came  up  and  said  they  would  not  go  in  the  ship,  as  the  first  lieutenant  had 
been  on  the  lower  deck,  discharging  his  revolver  with  blank  and  ball  cartridges,  and 
swearing  that  he  would  shoot  the  first  man  that  attempted  to  leave  the  ship  ;  and  all 
appeared  much  disgusted  with  the  treatment  they  received.  I  then  went  to  the  ship, 
and  on  the  pier  met  Mr.- Rumble  and  the  chief  mate,  Mr.  Ramsay.  Mr.  Rumble  wanted 
to  know  what  brought  me  to  Calais.  I  repeated  his  recommendation,  and  he  then  said 
Mr.  Ramsay  had  caused  him  all  the  trouble  with  the  crew.  Mr.  Rumble  then  took  me 
to  Meurice's  Hotel,  and  I  saw  Captain  Campbell,  who  asked  my  business.  I  in- 
formed him  that  by  Mr.  Rumble's  advice  I  had  come  to  see  if  he  wanted  a  crew.  He 
said  he  should  not  require  a  crew  for  six  weeks,  but  afterward  gave  me  to  understand 
I  should  do  the  business.  I  thanked  him  and  left  the  court-yard,  and  was  joined  by 
Mr.  Rumble.  In  the  course  of  the  conversation  Mr.  Rumble  said,  "  Now,  this  is  a 
money-making  job,  and  we  must  work  together  and  share  the  profits,"  to  which  I 
agreed  ;  and  before  he  left  he  gave  me  a  sovereign  to  help  me,  and  as  an  earnest  of  his 
intentions,  and  he  desired  me  to  meet  him  at  Mr.  Pearson's  office  on  Saturday,  the  5th 
December.  I  went,  and  after  waiting  about  nearly  all  day,  did  not  see  him,  neither 
have  I  seen  him  since.  Before  leaving  Calais  Mr.  Rumble  said  he  should  want  me  to 
supply  forty  men.  I  have  not  been  able  to  see  Mr.  Rumble  since,  having  been  con- 
fined to  my  house  by  illness. 

(Signed)  WILLIAM  O'KELLY. 

Sworn  at  my  office,  at  No.  5  White  Hart  court,  Lombard  street,  in  the  city  of  Lon- 
don, this  21st  day  of  December,  1863,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


736  TREATY    OF   WASHINGTON. 

[Inclosure  9  in  No.  21.] 

Affidavit  of  George  Bailey. 

I,  George  Bailey,  of  Sheerness,  do  hereby  solemnly  and  truly  swear  that  on  Monday, 
the  30th  November,  I,  with  Thomas  Gifford,  William  Barber,  William  Mitchell,  James 
Moreley,  Joseph  Govel,  William  Ellis,  and  Joseph  Williams,  arranged  with  Mr.  Bagshaw, 
the  leading  hand  of  the  boiler-makers  afloat,  to  go  to  Calais  and  work  on  board  the 
screw-steamer  Rappahannock,  late  Her  Majesty's  screw-steamer  Victor.  We  went 
with  him  to  Mr.  Rumble's  house.  He  went  in,  and  we  waited  outside.  He  brought 
out  with  him  three  five-pound  notes  to  pay  our  expenses  to  Calais.  We  thought  that  not 
enough,  but  Mr.  Bagshaw  said  he  had  asked  Mr.  Rumble  for  more,  but  could  not  obtain 
it.  He  said,  however,  that  those  who  wished  to  leave  a  note  of  hand  for  their  wives 
to  receive  might  do  so,  and  that  Mr.  Greathead,  a  chief  engineer  in  the  royal  navy, 
would  pay  them  £2  each  on  the  following  Friday.  Gifford,  Mitchell,  and  myself  left 
orders  for  our  wives.  We  were  told  that  the  job  would  take  from  ten  to  twelve  days 
to  complete.  We  applied  for  leave  of  absence  for  fourteen  days  to  Mr.  Baffey,  the  lead- 
ing man  in  the  boiler-shops,  who  inquired  where  we  were  going,  and  was  told  we 
were  going  to  Calais  to  repair  the  boilers  of  the  Rappahannock.  He  said,  u  I  cannot 
let  eight  of  the  best  men  in  the  shop  go  away  xm  leave  for  so  long  a  time,  as  I  have  so 
much  work,  on  hand  here,  which  I  must  get  done  before  a  certain  day;"  but  that  he 
would  see  Captain  Wise,  the  superintendent  of  the  dock-yard  about  it.  Captain  Wise 
said,  "  If  they  go,  they  must  go  on  their  own  account."  No  objection  was  made  to  our 
going,  and  we  received  no  advice  to  stay  away.  We  thought  as  Mr.  Rumble  and  Mr. 
Bagshaw  had  the  job  in  hand  it  would  be  all  right  when  we  got  back,  as  they  had 
promised  to  get  us  leave  of  absence.  If  I  had  thought  that  my  leaving  for  Calais 
would  have  endangered  my  place  in  the  dock-yard,  I  should  not  have  gone.  We  Avent 
the  next  day,  the  1st  of  December,  to  Calais,  accompanied  by  Mr.  Rumble.  Upon 
arrival  we  went  on  board  the  Rappahannock,  and  Mr.  Ferguson,  the  chief  engineer, 
showed  us  our  work.  There  were  no  tools  to  work  with  on  board,  but  we  were 
informed  that  some  would  come.  The  next  day  a  gentleman  brought  some  steel  drifts 
on  board.  That  is  all  the  tools  I  saw.  I  found  that  there  were  at  least  1,400  tubes  to 
be  put  in  ;  the  old  ones  were  not  drawn  from  the  boilers.  We  began  to  draw  them  at 
once,  and  I  knew  that  it  would  take  at  least  two  months  to  fit  the  tubes  as  they  were 
fitted  before,  or  not  less  than  six  weeks,  in  the  quickest  and  least  expensive  manner, 

so  that  they  would  answer,  provided  all  the  boilers  were  new  tubed,  as  the  chief 
[641]  engineer  had  desired  ;  but  she  could  be  got  to  sea  in  a  less  *tinie,  if  only  a  part 

of  the  boilers  were  new  tubed.  Not  feeling  sure  or  comfortable,  after  staying 
four  days,  I  left  Calais  for  Sheerness,  as  I  thought  it  better  to  return  to  my  former 
work.  'When  I  arrived  at  Dover  I  fonnd  Mr.  Rumble  had  returned  by  the  same  boat. 
He  sent  for  me,  and  asked  my  reason  for  leaving  Calais,  and  wished  me  to  return, 
offering  me  £10  to  do  so.  I  asked  him  what  he  had  done  about  our  leave.  He  said  he 
knew  nothing  about  that,  but  it  would  be  all  right.  I  refused  his  offer  and  said  I 
would  not  go  back  until  I  had  first  been  home.  On  arriving  at  Sheerness  I  applied  to 
our  leading  man,  Mr.  Baffey,  to  return  to  work.  He  informed  me  that  I  and  the  seven 
men  that  went  with  me  to  Calais  were  all  discharged  by  order  from  the  admiralty,  as 
we  had  been  away  without  leave,  and  that  we  could  not  be  re-admitted.  I  found  that 
Mr.  Greathead  had  sent  my  wife  the  £2  as  promised.  Mr.  Henry  Elmer,  the  third 
engineer,  returned  on  Friday,  the  11th  of  December,  and  he  has  since  told  me  that  he 
had  left  the  Rappahannock  because  they  wanted  to  humbug  him  respecting  the  pay. 
Mr.  Carr,  the  second  engineer,  has  also  left.  I  have  seen  him  since  his  return.  It 
would  have  taken  the  eight  men  at  least  two  months  to  complete  the  repairs  on  the 
Rappahannock,  if  they  had  been  provided  with  the  best  tools.  As  it  was,  they  could 
not  have  done  it  at  all.  Other  men  came  from  Mr.  Rennie's  yard,  London,  and  took 
the  job  out  of  the  hands  of  the  dock-yard  men. 

(Signed)  GEORGE  BAILEY. 

Sworn  at  London  the  22d  of  December,  1863,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


No.  22. 
Earl  Russell  to  Mr.  Adams, 

Foreign  Office,  December  24, 1863. 
Sir  :  I  Lave  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the 
23d  instant,  inclosing  copies  of  depositions  of  persons  who  testify  to  the 


BEITISH    CASE    AND    PAPERS.  737 

proceedings  connected  with  the  outfit  and  the  departure  from  Sheerness' 
of  the  steamer  Rappahannock,  and  I  have  to  acquaint  you,  in  reply,  that 
these  papers  shall  be  considered  by  Her  Majesty's  government.    y 

I  am,  &c, 

(Signed)  RUSSELL. 


No.  23. 

Mr.  Adams  to  Earl  Russell. 

#  Legation  of  the  United  States, 

London ,  January  9,  1864.  (Received  January  9.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  the  copy 
of  a  letter  from  Mr.  Morse,  the  consul  of  the  United  States  at  this  port, 
together  with  copies  of  four  depositions  containing  further  evidence, 
relating  to  the  proceedings  at  Sheerness  in  the  case  of  the  steamship 
Victor. 

I  have,  &c, 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[Inclosure  1  in  !N"o.  23.]  , 

Mr.  Morse  to  Mr.  Adams. 

United  States  Consulate, 

London,  January  6,  1864. 
Sir  :  I  herewith  inclose  four  affidavits  in  the  Rappahannock  case.     You  will  notice 
that  two  of  them  are  given  by  English  sailors,  who  were  engaged  and  signed  an  agree- 
ment of  some  sort  in  this  port  to  serve  on  hoard  the  Rappahannock,  while  the  mere 
form  of  placing  their  names  to  the  articles  was  done  at  Calais,  though  the  obli- 
[642]     gation  *to  do  so  was  made  here.    Please  notice  also  that  the  French  authorities 
at  Calais  are  aiding  the  rebels  by  arresting  seamen  who  leave  the  ship. 
I  am,  &c, 
(Signed)  F.  H.  MORSE,  Consul. 


[Inclosure  2  in  No.  23.J 

Deposition  of  George  White. 

I,  George  White,  of  Liverpool,  leading  stoker,  do  solemnly,  sincerely,  and  truly  swear 
that  in  November  last  1  was  sent  for  by  a  friend,  who  informed  me  that  he  had  heard 
of  a  good  thing,  and  one  that  would  pay  well,  if  I  came  to  Sheerness.  I  went  to 
Sheerness  and  was  introduced  to  Mr.  Ramsey,  who  sent  me  to  work  on  board  the  screw 
steamship  Victor,  then  lying  in  the  stream.  While  on  board  her  name  was  altered  to 
Scylla.  I  was  told  she  was  for  blockade-running.  After  remaining  on  board  about 
fourteen  days,  during  which  time  her  masts  were  put  in  by  Her  Majesty's  ship  Cum- 
berland, she  suddenly  left  port.  We  had  no  notice  of  her  leaving  until  two  hours 
before  she  sailed.  The  fires  were  got  up  and  we  were  towed  out  of  the  harbor  and 
anchored  just  below  the  Nore  light  for  the  night.  The  next  morning  steamed  for 
Calais,  and  went  into  the  harbor  and  made  fast  alongside.  Mr.  Rumble  and  Mr. 
Ramsey  introduced  all  the  working  hands  on  board  the  Scylla  that  left  Sheerness,  and 
noDe  of  them  would  have  gone  without  such  introduction.  After  arrival  at  Calais,  I, 
with  J.  Brooks  and  Malouey,  was  employed  at  work  on  board.  At  Sheerness  engine- 
room  stores  were  put  on  board  while  she  lay  in  the  stream.  They  consisted  of  gauge- 
cocks  for  the  boilers,  blocks,  and  other  things,  having  the  government  mark  upon  them. 
These  things  we  were  ordered  to  bury  under  the  coal,  so  that  the  police  should  not  see 
them.  Both  Mr.  Rumble  and  Mr.  Ramsey  ordered  us  to  put  them  out  of  sight;  they 
are  on  board  the  Rappahannock  now.  Some  deserters  from  the  ship  Formidable  are 
serving  on  board  the  Rappahannock,  and  some  others  whose  discharge  has  been  bought 

Hf  Ex.  282,  vol.  ii— 47 


738  TREATY    OF    WASHINGTON. 

for  them ;  they  came  from  the  Cumberland.  Of  these  men  abont  a  dozen  remain  on 
board.  Some  are  put  in  irons  if  they  attempt  to  leave,  and  the  French  authorities 
arrest  them,  as  they  allow  £4  for  each  returned  deserter.  Mr.  Renuio's  men  are  still 
engaged  tubing  the  boilers.  The  ship  will  be  completed  and  fit  for  sea  by  about  Sat- 
urday week  next. 

(Signed)  GEORGE  WHITE. 

Sworn  at  my  office,  No.  5,  White  Hart  court,  Lombard  street,  in  the  city  of  London, 
this  1st  day  of  January,  1864,  before  me, 

(Signed)  *  JOHN  J.  ANDREW, 

A  London  Commissioner  to  Administer  Oaths  in  Chancery. 


[Inclosure  3  in  No.  23.] 
Deposition  of  Andrew  McEune. 

I,  Andrew  McEnne,  of  Liverpool,  seaman,  do  hereby  truly  and  solemnly  and  sincerely 
swear  that  on  Tuesday,  December  — ,  I  went  to  a  public  house  in  Sharp  street,  or  Royal 
Mint  street,  and  saw  a  Mr.  Anson,  who  engaged  me  to  join  the  Scylla,  then  lying  in  the 
Downs.  I  signed  an  agreement  for  wages  at  the  rate  of  £3  15s.  per  month.  Two  days 
after,  I,  with  about  thirty  others,  was  taken  by  express  train  to  Dover,  and  from  thence 
to  Calais ;  after  arrival  at  Calais  we  went  on  board  the  ship.  After  remaining  two 
days  some  of  the  men  made  a  disturbance,  and  we  were  all  sent  ashore.  The  captain 
then  came  and  picked  some  of  us  out,  and  the  next  morning  I  signed  articles,  and  was 
to  have  had  £10  bounty.  Captain  Campbell  told  me  he  would  keep  that  in  the  strong 
chest  for  me.  I  have  not  received  that  yet.  The  articles  we  signed  were  "  to  join  the 
confederate  service  ;  to  receive  prize-money,  which  was  to  be  paid  down  by  the  captain 
when  the  prizes  were  taken,  and  the  wages  were  to  be  £4  8s.  per  month."  They  also 
promised  us  4s.  a  day  while  in  port,  beside  dur  bounty,  and  leave  every  Saturday  night. 
This  we  did  not  get,  and  when  we  complained  they  threatened  to  put  us  in  irons.    One 

man  was  put  in  irons  last  Sunday  and  remains  so  now.     He  wanted  to  leave. 
[643]       ^Yesterday  I  got  liberty  and  received  10  francs.     I  then  left  the  ship  and  went 

on  board  the  steamer  to  return  to  England,  finding  I  was  not  sure  of  my  wages, 
and  not  liking  the  treatment  I  received  On  board.  There  are  some  men-of-war's  men 
on  board  from  the  English  service.  Some  deserted,  and  two  or  three  had  their  dis- 
charge paid  for  them.     They  are  seamen  gunners. 

(Signed)  ANDREW  McEUNE. 

Sworn  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the  city  of  London, 
this  1st  day  of  January,  1864.      Before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissione)*  to  administer  Oaths  in  Chancery. 


[Inclosure  4  in  Xo.  23.] 

Deposition  of  William  Hewson. 

I,  William  Hewson,  of  Plymouth,  able  seaman,  do  hereby  solemnly,  sincerely,  and 
truly  swear  that  on  Tuesday,  December — ,  I  went  to  a  public-house  in  Sharp  street,  or 
Royal  Mint  street,  and  saw  Mr.  Anson,  who  shipped  me  for  the  screw  steamship  Scylla, 
of  London,  to  run  the  blockade,  at  the  rate  of  £3  15s.  per  month  wages.  I  was  taken 
from  London  by  the  train  ior  Dover,  and  from  thence  for  Calais.  On  arrival  there  I 
was  not  allowed  on  board  the  ship,  which  was  at  the  pier,  for  two  hours.  I  was  then 
called  aft,  and  Captain  Campbell  called  several  of  us  aft,  and  picked  out  the  Englishmen 
whom  he  thought  were  good  men,  about  twelve  in  number.  He  promised  me  4s.  a  day 
to  assist  to  get  the  ship  out  and  that  he  would  give  me  on  the  following  Saturday  £10 
bounty.  I  signed  articles  at  £4  8s.  per  month,  which  was  to  remain  until  I  was  rated 
as  gunners  mate,  and  then  I  was  to  have  higher  wages,  with  prize-money  and  other 
advantages.  I  staid  by  the  ship,  but  did  not  get  the  bounty,  and  only  10  francs  dur- 
ing the  five  weeks  I  remaided  by  her.  Seeing  how  things  were  going  to  be,  I  made  up 
my  mind  to  leave.  Suspecting  my  design,  the  first  officer  and  second  officer  threatened 
me,  and  put  a  revolver  to  my  mouth,  and  another  to  my  eye,  and  I  felt  assured  that 
they  would  have  shot  me  had  I  attempted  to  leave.  I  was  with  another  locked  up  in 
a  water-closet  for  five  days;  and  our  food  was  brought  to  us  there  ;  it  was  not  fit  for  a 
dog  to  be  in.  I  at  last  got  liberty  for  twenty-four  hours,  and  received  the  10  francs 
named  before,  and  immediately  went  on  board  the  steamer  and  returned  to  Dover, 
from  thence  to  London.     There  were  nine  or  more  men-of-war's  men  on  board,  nearly 


BRITISH    CASE    AND     PAPERS.  739 

all  of  whom  were  deserters  from  Sheerness.    They  would  desert  from  the  Rappahan- 
nock if  they  could  get  on  shore,  but  they  are  refused  leave. 

(Sigued)  WILLIAM  HEWSON. 

Sworn  at  my  office,  No.  5  White  Hart  €!ourt,  Lombard  street,  in  the  city  of  London, 
this  1st  January,  1864.     Before  me, 

(Sigued)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


|Tii closure  5  in  Xo.  23.] 

Deposition  of  Thomas  Bryant. 

I,  Thomas  Bryaut,  of  London,  fireman,  do  hereby  truly,  sincerely,  and  solemnly 
swear  that,  on  the  23d  of  December  last,  I  went  to  John  Seymour's,  Wellclose  Square, 
and  agreed  with  him  to  join  the  steamer  lying  at  Calais,  and  signed  a  paper,  so  that  if 
I  went  to  the  ship  he  would  draw  $32  advance  for  me.  I  understood  them  as  articles, 
and  the  wages  were  to  be  at  the  rate  of  $32  per  month.  On  Christmas  morning  at  2 
o'clock  I  went  to  London  Bridge  with  my  boarding-house  keeper,  and  saw  ten  men  go 
off  to  France  by  the  Boulogne  boat.  While  there  I  was  told  the  name  of  the  steamer  at 
Calais  was  the  Rappahannock,  and  that  she  was  a  confederate  cruiser.  After  I  heard 
that  I  refused  to  go  in  her,  and  told  Seymour  so  on  the  pier  at  London 
[644]  *Biklge,  and  I  have  not  seen  him  since.  Seymour  knew  I  was  an  Englishman, 
and  wanted  me  to  sign  as  a  Dutchman,  which  I  declined. 

his 
(Signed)  THOMAS  +  BRYANT. 

mark. 
Witness  to  the  sign  or  mark  of  Thomas'  Bryant, 
(Signed)        Joshua  Mann. 

Sworn  by  the  deponent,  Thomas  Bryant,  at  No.  5  White  Hart  Court,  Lombard  street, 
in  the  city  of  London,  this  5th  day  of  January,  1864,  the  witness  to  the  mark  of  the 
deponent  being  first  sworn  that  he  had  truly,  distinctly  and  audibly  read  over  the 
contents  of  the  above  affidavit  to  the  said  deponent,  and  that  he  saw  him  make  his 
mark  thereto.     Before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  adnmiister  Oaths  in  Chancery. 


No.  24. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  January  11,  1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  9th  instant,  inclosing  copies  of  further  depositions  relative  to  the 
steamship  Victor,  otherwise  Eappahannock .;  and  1  have  to  inform  you 
that  these  papers  have  been  communicated  to  the  proper  department  of 
Her  Majesty's  government. 
I  am,  &c, 
(Signed)  .  KUSSELL. 


No.  25. 
Earl  Cowley  to  Earl  Russell. 

•      Paris,  March  27,  1864.     (Keceived  March  28.) 

My  Lord  :  I  have  the  honor  to  transmit  herewith  to  your  lordship  a 
dispatch  from  Captain  Hore,  reporting  that  the  confederate  steamer 
Eappahanuock  has  been  detained  by  the  French  government. 

I  have,  &c, 

(Signed)  COWLEY. 


740  TREATY    OF    WASHINGTON. 

[Inclosure  in  No.  25.] 

Captain  Hore,  R.  N.,  to  Earl  Cowley. 

Paris,  March  26,  1864. 
My  Lord  :  I  have  the  honor  to  acquaint  your  excellency  that,  in  consequence  of  the 
representations  of  Mr.  Dayton,  the  French  government  have  indefinitely  detained  the 
confederate  vessel  Rappahannock. 

This  vessel  arrived  but  partially  equipped,  and  without  a  crew ;  she  has  come  within 
the  scope  of  the  French  law  by  shipping  a  crew  and  equipping  for  war  purposes.    It 
is  not  the  intention  of  the  government  to  take  further  legal  steps  against  her. 
I  have,  &c, 
(Signed)  E.  HORE. 


No.  26. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  April  5,  1864.     (Beceived  April  5.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  copies 
of  a  letter  from  Mr.  Dudley,  consul  of  the  United  States  at  Liver- 
[645]    pool,  and  of  two  depositions,  showing  *the  continued  agency  of 
the  house  of  Jones  &  Co.,  British  subjects,  in  enlistments  and 
payments  of  British  subjects  in  the  service  of  the  insurgents  in  the 
United  States. 

I  pray,  &c, 

(Signed)  CHAELES  FRANCIS  ADAMS. 


[Inclosure  1  in  No.  26.] 

Mr.  Dudley  to  Mr.  Adams. 

United  States  Consulate, 

Liverpool,  April  2,  1864- 
SiR :  You  will  find  inclosed  copies  of  two  affidavits,  one  of  Catharine  Pratt,  the  other 
of  Catharine  Dow,  wives  of  two  of  the  men  who  were  taken  from  Liverpool  and  en- 
listed on  the  confederate  steamer  Rappahannock,  now  at  Calais.  These  affidavits  show 
that  the  house  of  Jones  &  Co.,  28  Chapel  street,  Liverpool,  are  implicated  as  well  in 
enlisting  the  men  for  this  vessel,  as  they  were  for  the  steamer  Japan,  now  called  the 
Georgia. 

The  husbands  of  these  women  are  now  in  Liverpool.     They  tell  me  Mr.  Morse  took 
their  statements,  hence  I  have  not. 
I  am,  &c, 
(Signed)  THOMAS  H.  DUDLEY. 


[Inclosure  2  in  No.  26. J 

Deposition  of  Catharine  Pratt. 

I,  Catharine  Pratt,  of  9  Llewellyn  street,  in  the  county  of  Lancaster,  make  oath 
and  say : 

I  am  the  wife  of  John  Pratt,  of  9  Llewellyn  street  aforesaid,  fireman.  On  the  7th 
February  last  my  husband  informed  me  that  he  was  going  to  London  to  join  a 
steamer  bound  for  the  West  Indies,  and  on  the  following  night  he  left  Liverpool  for 
Loudon  with  Welsh,  Cunningham,  Buchanan,  and  others.  I  learned  from  the  wife  of 
one  of  the  engineers  who  had  gone  with  my  husband  that  they  had  gone  from  London 
to  Calais  to  join  the  steamer  Rappahannock,  and  I  wrote  to  my  husband  to  let  me 
know  where  he  was  going  to,  and  I  received  a  letter  from  him  that  he  had  joined  the 


BEITISH    CASE    AND    PAPERS.  741 

Rappahannock  for  twelve  months,  not  to  exceed  two  years,  at  £6  19s.  Wd.  a  month, 
and  had  one  month's  advance,  and  directing  me  to  call  at  Jones  &  Co.'s  office, 
Chapel  sifeet,  Liverpool,  when  they  would  pay  me  the  advance  and  the  half-pay.  I 
called  at  Jones's  office  on  the  28th  of  March  last,  in  company  with  Mrs.  Welsh  and 
Mrs.  Dow,  when  we  saw  the  cashier,  and  Mrs.  Dow  told  him  that  we  had  called  for  our 
half-pay,  when  he  referred  to  a  roll  of  paper  and  said  that  our  names  were  down,  but 
that  he  could  not  pay  us  then,  as  he  had  not  received  orders  from  Paris,  and  directed 
us  to  call  again  on  the  31st  March.  We  called  again  on  the  31st  March,  when  we  saw 
Mr.  Jones,  and  told  him  that  we  had  called  for  our  pay,  when  he  said  that  he  had  not 
received  orders  from  Paris  yet  to  pay  us,  and  did  not  give  us  any  definite  answer  when 
we  were  to  call  again  for  it. 

her 
(Signed)  CATHARINE  +  PRATT. 

mark. 

Sworn  at  Liverpool,  in  the  county  of  Lancaster,  the  2d  April,  1864,  this  affidavit 
having  in  my  presence  been  previously  read  over  to  the  deponent,  who  appeared  per- 
fectly to  understand  the  same,  and  made  her  mark  thereto  in  my  presence.    Before  me, 
(Signed)  HENRY  C.  DUNCAN, 

A  Commissioner  to  administer  Oaths  in  the  Exchequer. 


[Inclosure  3  in  No.  26.1 

Deposition  of  Catharine  Dow. 

I,  Catharine  Dow,  of  5  Llewellyn  street,  Liverpool,   in  the  county  of  Lancaster? 
make  oath  and  say  as  follows : 

I  am  the  wife  of  John  Dow,  fireman.  On  the  7th  of  February  last  my  husband  in- 
formed me  that  he  was  going  to  London  to  join  a  steamer  bound  for  the  West 
[646]  Indies,  and  *on  the  following  evening  he  left  Liverpool  for  London,  in  company 
with  Welsh,  Cunningham,  Buchanan,  and  others.  Not  having  heard  from  my 
husband,  I  made  inquiries  of  the  wife  of  one  of  the  engineers  who  had  gone  with, 
him,  who  informed  they  had  gone  from  London  to  Calais  to  join  the  steamer  Rappa- 
hannock, and  I  wrote  to  my  husband  to  let  me  know  where  he  was  going  to,  and 
received  a  reply  informing  me  that  he  had  joined  the  steamer  Rappahannock  for 
twelve  months,  not  to  exceed  two  years,  at  £6  19s.  KM.  a  month,  and  had  received  one 
month's  advance,  and  directed  me'to  call  at  Jones  &  Co.'s  office,  Chapel  street,  Liver- 
pool, where  I  would  be  paid.  I  called  at  Jones's  office  about  the  28th  of  March,  in 
company  with  Mrs.  Walsh  and  Mrs.  Pratt,  when  we  saw  the  cashier,  when  we  told 
him  that  we  had  called  for  our  half-pay,  when  he  referred  to  a  roll  of  paper  and  said 
that  our  names  were  down,  but  that  he  could  not  pay  us  then,  as  he  had  not  received 
instructions  from  Paris  to  do  so,  and  directed  us  to  call  again  on  the  31st  of  March. 
We  called  again  as  directed  on  Thursday  last,  the  31st  of  March,  when  we  saw  Mr. 
Jones,  and  told  him  that  we  had  called  for  our  husbands'  half-pay,  when  he  said  that 
he  had  not  yet  received  orders  from  Paris  to  pay  it.  We  then  asked  him  when  we 
should  call  again  for  it,  but  he  did  not  give  us  any  definite  answer. 

(Signed)  CATHARINE  DOW. 

Sworn  at  Liverpool  aforesaid,  this  2d  day  of  April,  1864,  before  me. 

(Signed)  HENRY  C.  DUNCAN, 

A  Commissioner  to  administer  Oaths  in  the  Exchequer. 


No.  27. 

Earl  Russell  to  Mr.  Actyms. 

Foreign  Office,  April  6, 18G4. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
yesterday's  date,  inclosing  copies  of  a  fetter  from  the  United  States 
consul  at  Liverpool,  and   two  affidavits,  relative  to  the  part  taken  by 
Messrs.  Jones  &  Co.,  of  Liverpool,  in  enlisting  men  for  the  service  of 
the  so- styled  Confederate  States. 
I  am,  &c, 
(Signed)  RUSSELL. 


742  TREATY    OF    WASHINGTON. 

No.  28. 

Mr.  Adams  to  Earl  Russell.  * 

Legation  of  the  United  States, 
London,  April  16,  1864.     (Received  April  16.) 

My  Lord  :  I  have  the  honor  to  transmit  to  you  a  copy  of  portions  of 
a  letter  addressed  to  me  by  Mr.  Morse,  consul  of  the  United  States  at 
this  port,  and  likewise  copies  of  depositions  of  twenty-one  persons, 
mostly  British  subjects,  who  have  been  enlisted  in  the  service  of  the 
insurgents  at  various  places  in  this  kingdom.  The  originals  of  all  these 
papers  have  been  submitted  to  my  examination.  I  have  reason  to  be- 
lieve that  these  are  but  a  small  portion  of  the  number  who  stand  ready 
to  attest  to  the  truth  of  the  same  facts,  if  there  were  any  need  to  mul- 
tiply testimony  to  convince  your  lordship  of  what  has  long  been  noto- 
rious. 

When  I  remember  how  promptly  Her  Majesty's  government  has  done 
me  the  honor  to  call  for  explanations  in  the  only  case  in  which  any 
allegation  of  the  kind  sustained  by  evidence  has  been  made  against 
persons  in  the  employment  of  the  United  States,  1  cannot  but  permit 
myself  the  hope  that  the  exercise  of  similar  energy  inay  have  some 
effect  in  putting  a  check  on  what  is  plainly  a  systematic  plan,  by  insur- 
gent emissaries  and  their  British  allies,  to  violate  the  neutrality  of  Her 
Majesty's  kingdom,  to  the  injury  of  a  country  with  which  it  is  at  peace. 
1  pray,  &c, 
(Signed)  CHARLES  FRANCIS  ADAMS. 


[647]  *(Tnclosure  1  in.  No.  28.J 

Mr.  Morse  to  Mr.  Adams. 

United  States  Consulate, 

London,  April  12,  1864. 

Sir:  In  addition  to  those  heretofore  forwarded  to  you,  I  herewith  inclose  the  affida- 
vits of  twenty-one  persons,  seamen  and  firemen,  nearly  all  of  whom  are  British  subjects, 
who  engaged  to  go  in  and  serve  on  board  the  rebel  privateer  Rappahannock,  but  who 
made  their  escape  from  her  and  returned  to  this  port.  They  were  all  engaged  in  and 
sent  from  this  country  by  persons  residing  in  it,  and  who  are  probably  citizens  and 
subjects  thereof. 

Permit  me  to  ask  your  special  attention  to  a  few  of  these  affidavits,  although  all  are 
of  importance.  That  of  Robert  Sadd  shows  that  he,  an  Englishman,  was  engaged  by 
John  Seymour,  of  London,  to  go  and  serve  on  board  the  rebel  steamer  Rappahannock, 
and  where  and  by  whom  his  half-pay  was  to  paid.  It  also  shows  the  large  number  of 
English  sailors  who  applied  to  Seymour  for  service  on  board  the  ship  at  Calais  in  one 
day.  The  affidavit  of  Joseph  Sullivan  proves  that  he  also,  an  Englishman,  was  shipped 
or  engaged  to  serve  on  board  the  rebel  privateer  Rappahannock,  then  and  now  in  the 
port  of  Calais,  France,  by  John  Seymour ;  and  that  at  the  time  and  place  where  he  and 
eight  other  English  subjects  were  engaged  so  to  serve,  there  were  four  persons  present 
who  advised  and  aided  Seymour  in  procuring  men  for  the  privateer  Rappahannock. 
These  four  persons  were  probably,  as  Sullivan  thought  or  knew,  officers  from  the  Rap- 
pahannock, as  such  persons  were  known  to  be  in  London  for  the  purpose  of  obtaining 
seamen  and  firemen  for  said  vessel. 

The  affidavit,  signed  by  Edward  Smith,  Dennis  Connel,  and  James  Grace,  shows  that 
they  were  shipped  or  engaged  by  Seymour.  This  affidavit  has  a  copy  of  such  an  en- 
gagement as  they  made  and  signed  at  Seymour's  attached.  They  are  all  British  sub- 
jects, and  went  to  Calais  in  partial  fulfillment  of  their  agreement,  and  saw  the  ship 
they  with  others  engaged  for — the  Rappahannock — but  would  not  go  on  board,  and 
returned  to  London. 

The  affidavit  of  James  Graham,  and  eight  others,  of  Liverpool,  all  firemen  and  British 
subjects,  shows  that  he  and  the  other  eight  were  engaged  and  taken  to  Calais  to  the 
steamer  Rappahannock  by  William  A.  Bradshaw  and  Joseph  Buchanan,  of  Liverpool, 
all  British  subjects,  and  were  "  turned  over  to  Captain  William  F.  A.  Campbell,"  then 


BRITISH    CASE    AND    PAPERS.  743 

commander  of  the  privateer  Rappahannock.  To  Graham's  affidavit  is  attached  the 
original  certificate  of  the  appointment  of  Buchanan  and  Bradshaw,  as  assistant  engi- 
neers in  the  so-styled  Confederate  States  navy.  To  this  affidavit  is  also  attached  a 
certificate  of  an  allotment  of  monthly  pay  for  the  period  of  twenty-four  months.  This 
allotment  of  thirty  dollars  per  month  was  to  he  paid  to  the  family  of  Joseph  Buchanan 
by  Messrs.  Jones  &  Co.  of  Liverpool.  These  certificates  are  all  signed  by  William  F.  A. 
•Campbell,  then  commander  of  the  so-styled  Confederate  States  vessel  of  war  Rappa- 
hannock.- 

Several  of  these  affidavits  show  that  confederate  agents  have  engaged  men  for  the 
rebel  service  in  several  of  the  maritime  ports  of  Great  Britain.  I  have  other  informa- 
tion which  entirely  satisfies  me  that  such  agents  are  now  and  have  for  some  time  been 
actively  engaged  in  procuring  and  sending  to  continental  ports  English  subjects  for 
the  rebel  service  from  all  the  principal  maritime  ports  of  this  country.  They,  seamen, 
firemen,  &c,  are  sent  away  in  small  numbers  at  a  time  from  the  several  ports  to  some 
confederate  vessel,  in  charge  of  shipping-masters,  sailors'  boarding-house  keepers,  and 
other  persons  employed  to  engage  them.  It  is  plain  that  all  the  parties  to  these  trans- 
actions have  acted,  and  are  acting  in  open  violation  of  the  second  section  of  the  "foreign 
enlistment  act." 

It  is  an  established  fact  that  the  confederates  have  sent  and  are  now  sending  British 
seamen,  firemen,  engineers,  stewards,  cooks,  and  other  persons,  to  man  the  privateers 
recently  repaired  and  fitted  out  in  French  ports ;  and  I  have  reason  to  believe,  and  do 
believe  they  are  not  only  collecting  such  persons  to  man  privateers  or  vessels,  to  be  used 
as  such,  especially  one  now  about  ready  to  leave  the  Clyde,  which  they  expect  soon  to 
get  out ;  but  also  that  they  are  sending  a  surplus  of  men  out  on  many  blockade-runners, 
in  the  hope  of  securing  them  for  service  on  the  ships  of  war  they  are  completing  in  some 
of  the  southern  ports.  They  now  have  their  agents  and  runners  in  most  of  the  out-posts 
of  this  country,  especially  those  located  on  the  English  channel,  collecting  and 
[648]  engaging  men  for  the  rebel  service,  and  sending  them  away  very  quietly,  one  or 
more  at  a  time,  as  they  can  engage  them,  and  as  they  can  be  got  away  without 
attracting  unusual  attention.  Both  the  men  engaging  and  leaving  for  such  purposes, 
and  the  person  to  whose  instrumentality  they  are  engaged  or  sent  away,  are  in  this 
respect  acting  in  direct  and  open  violation  of  the  very  letter  of  the  second  section  of 
the  "foreign-enlistment  act,"  and  for  so  acting  are  liable  to  the  penalty  of  fine  ancLini- 
prisonment. 

The  sixth  section  of  the  "foreign-enlistment  act"  forbids  any  master  or  owner  of  a 
vessel  from  knowingly  taking,  or  engaging  to  take  on  board,  as  passengers  or  otherwise, 
any  persons  who  are  leaving  any  part  of  the  British  dominions  with  the  intention  of 
entering  into  any  foreign  service,  or  who  have  engaged  to  enter  such  service  against 
the  provisions  of  said  act;  and  any  master  or  owner  so  offending  is  liable  to  a  fine  of 
fifty  pounds  for  each  person  so  taken  on  board,  or  engaged  to  be  so  taken  ;  and^  the 
vessel  may  be  seized  and  detained  until  the  penalties  are  paid.  There  are  but  few 
steamers  plying  between  these  islands  and  the  French  coast  not  liable  to  seizure  under 
this  section,  for  nearly  all  have  at  some  time,  withiu  the  last  four  or  five  months,  car- 
ried men  from  this  country  to  some  one  of  the  rebel  cruisers  which  have,  within  this 
time,  been  repaired  and  fitted  in  French  ports.  While  this  contraband  passenger 
trade  has  been  principally  carried  on  by  the  boats  running  from  London,  Dover,  and 
Folkestone  to  French  ports,  other  lines  and  transient  boats  have  not  been  neglected. 
Yours,  &c, 
(Sigued)  F.  H.  MORSE, 

Consul. 


[Inclosure  2  in  Xo.  28.] 

Affidavit  of  Robert  Sadtl. 

I,  Robert  Sadd,  of  Waltham  Abbey,  Essex,  do  hereby  solemnly  and  truly  swear  that 
on  Thursday  morning  last,  7th  of  April,  I  went  to  John  Seymour's  house,  Wellclose 
Square,  hearing  that  he  was  engaging  firemen.  I  saw  him,  and  he  told  me  to  come  at 
3  o'clock,  as  he  was  going  out.  At  3  o'clock,  I,  with  about  twenty  or  thirty  others,  all 
British  subjects,  went  there,  and  as  so  many  had  been  promised,  he  could  not  engage 
me  then.  On  the  next  morning,  Friday,  8th  of  April,  I  went  again  to  Seymour's,  and 
saw  him  ;  I  asked  him  if  he  had  got  all  his  firemen,  or  if  he  wanted  more.  He  asked 
me  if  I  had  a  discharge ;  1  said  yes.  He  said  he  wanted  a  new  one.  I  told  him  I  had 
two.  He  took  both  up  to  the  city  or  office,  as  he  called  it,  with  him.  I  do  not  know 
■where  he  took  them.  I  asked  him  how  we  were  going  to  Calais.  He  said,  as  he  must 
not  be  seen  in  it,  his  young  man  would  pay  our  passage  down,  and  he  would  pay  him 
again.  We  asked  what  wages  or  advance  we  were  to  have.  He  said  we  were  to  have 
4s.  a  day  while  working  on  board  in  dock  until  ready  to  go  away,  and  then  we  were  to 


744  TREATY    OF    WASHINGTON. 

have  bounty-money  and  wages,  and  that  would  be  paid  by  check  in  Liverpool,  so  that 
we  could  send  it  up  to  our  friends.  I  was  to  meet  him  again  between  four  and  five 
o'clock  yesterday  afternoon.  I  went  and  saw  him.  He  gave  me  back  my  two  dis- 
charges, and  said  I  would  have  to  show  them  when  I  got  to  Calais,  and  that  I  was  to 
be  up  at  his  p*lace  at  10  o'clock  thitj  morning,  to  go  by  the  boat  to  Calais.  I  went  to  the 
boat,  but  from  some  remarks  I  heard  while  on  the  wharf  would  not  go.  I  was  not 
aware  before  of  the  ship's  name,  or  the  service  we  were  required  for ;  had  I  known  of. 
it  when  Seymour  first  spoke  to  me,  I  would  not  have  promised  to  go  at  all.  The  ship 
proved  to  be  the  confederate  steamer  Rappahannock. 

(Signed)  ROBERT  SADD. 

Sworn  by  the  deponent,  at  my  office,  No.  37  Nicholas  Lane,  in  the  city  of  London, 
this  the  9th  day  of  April,  1864,  before  me, 

(Signed)  JOHN  CASTLE  GANT, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[Inclosure  3  in  No.  28.  J 
Affidavit  of  Joseph  Sullivan, 

I,  Joseph  Sullivan,  of  London,  do  solemnly  swear  that  I  was  born  iu  Bristol,  England, 
and  am  by  trade  a  fireman.     On  Tuesday  night  last  (5th  of  April)  I  was  coming 
[649]  *  up  Ratcliffe  Highway ;  I  met  John  Seymour,  shipping-master  of  Wellclose 
Square.     He  asked  me  to  drink ;  we  went  iuto  the  "  Cock  and  Neptune,"  corner 
of  Neptune  street  and  the  Highway.     When  there,  he  asked  me  if  I  would  get  him 
twelve  or  fourteen  men,  as  firemen,  for  a  ship  in  Calais.     I  said  I  could,  and  he  told 
me  to  get  them,  and  said  he  would  give  me  plenty  of  money  in  Calais,  but  none  here  in 
London.     I  went  to  John  Seymour's  house,  in  Wellclose  Square,  with  the  following, 
myself  as  leading  stoker  :  John  Lacy,  David  Cornell,  James  Grace,  Edward  Smith,  Peter 
Ryan,  James  Lacy,  Bartholomew  Walsh,  Owen  Driscoll,  Samuel  Theater,  John  How- 
ell, and  Thomas  Day,  stokers.    He  asked  me  for  a  discharge  of  each  man  ;  I  took  them 
all. with  me  and  gave  them  to  him.     Pie  (Seymour)  then  took  me  to  the  parlor  of  the 
King's  Arms,  and  I  had  an  interview  with  four'gentlemeii.     One  of  the  gentlemen 
asked  me  if  I  could  procure  the  men  (meaning  the  firemen  and  seamen)  that  Seymour 
required,  but  they  must  be  all  British  subjects,  and  that  if  I  would  I  should  be  well 
rewarded  when  I  got  to  Calais.     He  then  asked  me  if  the  men  were  with  us  whose 
names  were  on  the  list ;  I  answered,  they  were,  and  produced  the  discharge  of  each 
man  as  his  name  was  read  by  the  gentleman  or  officer  of  the  ship,  and  Seymour  kept 
them.    The  four  gentlemen  whom  I  had  an  interview  with  I  supposed  to  be  officers 
belonging  to  the  ship  to  which  I  was  to  be  sent.     I  was  then  told  to  go  to  the  bar  and 
have  what  I  liked  to  drink,  and  Seymour  told  me  to  come  at  8  o'clock  at  night  and  he 
would  give  me  back  the  discharges.     When  J  went  to  his  house  at  8  o'clock  he  called 
me  into  the  parlor,  and  gave  me  back  twelve  discharges,  and  told  me  to  pick  six  of 
them  to  go  away  on  Friday  morning,  from  London  Bridge  station,  which  I  did.     On 
Friday  morning,  8th  of  April,  at  half-past  5  o'clock,  I,  with  five  men  went  to  Seymour's 
house,  and  left  at  6  o'clock  for  London  Bridge  station,  arriving  there  at  7  o'clock. 
Whilft  at  the  station  waiting  for  Mr.  Seymour,  who  was  to  pay  our  passage  to  Dover,  I 
asked  the  boy  who  drives  Mr.  Seymour's  cart  the  name  of  the  ship  we  were  going  to. 
He  said  it  was  the  steamer  Rappahannock,  lying  at  Calais.    When  Seymour  came  up 
I  asked  him  if  wTe  were  for  the  Rappahannock.     He  s  aid,  "  Yes  ;  it's  all  right ;  dont 
make  a  noise  about  it ;  you  will  be  all  right  when  you  get  to  Calais."    He  then  went 
into  the  station  to  get  six  tickets.     He  came  out,  and  said,  "  I  have  not  got  sufficient 
money  to  pay  for  six  tickets,  as  it  is  the  express  train  that  leaves  at  half-past  7."     He 
then  took  out  four  sovereigns  and  some  silver  in  his  hand,  and  said  to  me,  "  Sullivan, 
you  can  proceed  and  take  these  men  with  you  ;  the  other  twTo  can  go  to  my  house,  and 
I  will  send  them  by  the  boat."     We  objected  to  be  parted,  and  all  returned  together. 
I  went  home  and  stopped  until  5  o'clock  in  the  afternoon.     I  went  again  to  his  (Sey- 
mour's) house  in  Wellclose  Square ;  he  told  me  that  the  boat  would  start  at  3  o'clock 
on  Saturday  morning,  (this  day,)  and  that  I  was  to  get  him  more  men,  because  it 
was  better  to  send  them  through  by  dark  than  by  daylight.     I  got  six  men  with  me, 
and  two  more  joined  me  at  his  house  at  12  o'clock  at  night.    About  half  past  12  we  all 
proceeded  to  London  Bridge  wharf,  and  arrived  there  at  about  half  past  2  o'clock  this 
morning.    While  waiting  there  I  met  a  friend,  who  asked  me  what  lay  I  was  going  in ; 
I  told  him  I  did  not  know,  but  that  I  was  going  to  Calais  to  join  the  Rappahannock. 
He  advised  me  to  stay  away,  and  I  and  Robert  Sadd  would  not  go  ;  the  others  went. 
Seymour  told  me  I  should  not  sign  until  after  arriving  at  Calais  ;  but  that  my  wages 
would  be  $34   per  month,  and   £10   bounty  after  signing  on  the  ship.     1  did  not 
know  she  was  a  confederate  ship,  or  would  not  have  had  anything  to  do  with  her. 


BRITISH    CASE    AND    PAPERS.  745 

Seymour  deceived  us  all  through,  as  he  knew  what  she  was  and  what  we  were  wanted 
for. 

(Signed)  '      JOSEPH  SULLIVAN. 

Sworn  by  the  deponent  at  my  office,  No.  37  Nicholas  Lane,  in  the  ci#y  of  London, 
this  9  Mi  day  of  April,  1864,  before  me, 

(Signed)  JOHN  CASTLE  GANT, 

A  London  Commissioner  to  administer  Oaths  in  Chancery-. 


[Iuclosure  4  in  No.  23.] 

Affidavit  of  Edward  Smith  and  others. 

We,  Edward  Smith,  of  Rotherhithe,  Surrey,  Dennis  Connell,  of  Cork,  Ireland,  and 
James  Grace,  of  London,  firemen,  do  hereby  solemnly  and  sincerely  swear,  that 
[650]  on  "Thursday  last,  April  7,  we  went  to  John  Seymour's,  (or,  as  be  is  called,  John 
the  Greek's,)  in  Wellclose  Square,  and  when  there  he  asked  us  if  we  would  go  to 
work  at  4s.  a  day,  and  to  be  found  in  food,  &c,  on  a  ship  lying  in  Calais.  We  said  we 
Avould,  and  he  took  the  discharges  from  us  that  we  had  received  from  the  ships  we 
last  served  in.  He  told  us  to  be  at  his  house  at  quarter  before  6  o'clock  on  the  follow- 
ing m#rning,  April  8,  to  go  by  the  train  to  Dover,  and  then  across  to  Calais.  We  were 
there,  and  went  with  three  others  to  the  London  Bridge  station.  When  we  arrived 
there,  he,  Seymour,  had  not  enough  money  to  pay  our  passage  by  that  train,  as  it  was 
an  express.  He  wanted  four  to  go  by  that  train,  but  we  would  not  separate,  but  all 
go  together ;  so  we  lelt  the  station,  went  home,  and  returned  again  about  twenty  min- 
utes past  9.  He  was  not  there,  but  sent  his  man  to  tell  us  to  come  to  his  house,  as 
there  was  a  gentleman  there  who  wanted  to  see  us.  When  we  got  there  we  saw  no 
one  but  himself,  and  he  told  us  to  be  at  his  house  at  half  past  1  on  the  Saturday  morn- 
ing, and  then  we  should  all  go  by  the  boat  that  started  from  London  bridge  that  morn- 
ing. We  went  to  his  house,  and  then  we  demanded  a  copy  of  the  agreement  we  had 
signed,  and  Seymour  gave  us  a  copy,  which  is  annexed.  We  afterward  went  to  the 
boat,  the  Hanover  steamer  at  London  Bridge,  and  Seymour's  man  paid  our  passage  to 
Calais,  and  took  our  discharges  on  shore  with  him.  On  arrival  at  Calais  there  was  no 
one  to  receive  us.  We  inquired  where  the  Rappahannock  was,  and  we  met  one  of  the 
officers  of  the  ship.  He  asked  us  if  we  were  going  to  join  the  Rappahannock.  We  told 
him  that  we  came  down  to  work  on  board  of  her  at  4s.  a  day.  He  said  we  could  not 
work  on  her  at  4s.  a  day,  but  if  we  went  to  work  on  her  at  all  we  must  join  the  ship, 
the  wages  to  be  £15  16s.  a  month,  and  we  were  to  sign  for  three  years.  We  told  him 
we  should  not  join  her.  He  said  he  would  pay  our  passage  back  to  London.  We 
remained  all  Saturday  night,  and  went  to  the  British  consul,  and  told  him  how  we  had 
been  served,  but  he  would  have  nothing  to  do  with  us.  The  captain  of  the  steamer 
Rainbow  allowed  us  to  sleep  on  board  that  night,  and  on  Sunday  morning  we  went  on 
shore  to  see  when  we  were  to  be  sent  back.  One  of  the  officers  of  the  RappahanuocE: 
met  us,  and  asked  us  where  we  slept.  We  told  him.  Asked  him  for  food,  and  went 
with  him  to  the  quay  by  the  side  of  the  Rappahannock.  We  were  afraid  to  go  on 
board,  as,  if  we  had,  we  feared  we  should  have  been  detained,  or  put  in  irons  or  some- 
thing. We  staid  there  about  two  hours,  and  then  went  and  sold  some  of  our  clothes  and 
bought  food;  afterward  we  saw  the  captain  of  the  steamer,  who  told  us  that  he  would 
not  take  us  back  unless  he  had  the  money  first.  We  then  went  back  to  the  Rappa- 
hannock, and  appearer  Smith  went  on  board.  The  first  lieutenant  would  have  nothing 
to  do  with  us  unless  we  joined  the  ship.  Smith  got  ashore,  and  we  were  going  away, 
but  were  called  back.  The  first  lieutenant  said,  considering  that  Seymour  had  sent  us, 
he  would  pay  our  passage  back  to  London.  We  asked  him  about  food,  as  we  told  him 
we  were  hungry.  About  half  past  4  one  of  the  officers  came  on  shore  and  went  to  the 
steamer  Rainbow,  and  saw  the  captain.  He  brought  three  tickets  on  shore  and  gave 
them  to  us,  and  told  us  the  steward,  would  provide  us  with  food.  We  went  on  board  the 
steamer,  had  some  food,  and  returned  to  London.  After  we  arrived  in  London  we  went 
down  to  Seymour's  about  our  discharges,  and  to  see  if  we  could  get  paid.  We  were 
told  he  was  at  Newcastle.  There  was  no  other  American  steamer  at  Calais.  The  only 
steamers  there  were  the  Dover  and  Calais  packet-boats,  two  of  the  London  packets, 
a,nd  a  French  gunboat. 

(Signed)  EDWARD  SMITH. 

D.  CONNELL. 
JAMES  GRACE. 

Sworn  by  all  the  deponents,  at  my  office,  No.  37'  Nicholas  Lane,  city  of  London,  this 
the  12th  day  of  April,  1«64,  before  me, 

(Signed)  JOHN  CASTLE  GANT, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


746  TREATY    OF    WASHINGTON. 

Copy  of  agreement. 

London,  April  8,  1864. 

We  agree,  all  of  us  that  sign  this  agreement,  firemen  and  sailors,  steward  and 

cook,  to  go  to  Calais  to  Avork  on  board  the  American  steam-ship  Rappahannock,  to 

have  4s.  per  day,  cook  and  steward  the  same  ;  sailors  to  have  3s.  per  day  ;  and 

[651]  all  to  have  *  victuals  and  passage-money,  to  he  paid  by  John  Seymour.    All  of 

them  to  work  for  seven  days. 

1.  10.  18.  , 

2.  11.  19. 

3.  12.  20. 

4.  13.  21. 

5.  14.  22. 

6.  15.  23. 

7.  16.  24. 

8.  17.  25. 
9. 


[Inclosure  5  in  No.  28.] 

Affidavit  of  James  Graham. 

I,  James  Graham,  of  Liverpool,  fireman,  do  solemnly  and  sincerely  swear  that  I  left 
Liverpool,  with  eight  others,  on  the  7th  of  February,  for  a  voyage  to  the  East  Indies, 
having  been  engaged  by  James  Cunningham  and  Joseph  Buchanan,  engineers,  of  Liv- 
erpool, who  informed  us  the  steamer  was  lying  at  Gravesend,  and  that  we  were  to  go  to 
London  by  train,  and  thence  to  Gravesend,  and  join  her  there.  We  were  well  plied  with 
liquor  ;  and  at  11  o'clock  at  night  went  to  the  station  at  Lime  street  to  meet  them,  our 
wives  going  with  us  to  receive  our  month's  advance,  which  they  promised  to  pay  them. 
We  were  to  have  £6  10s.  per  month.  After  we  had  all  arrived  at  the  station  we  were 
hurried  into  the  carriages,  more  drink  was  given  to  us,  and  no  notice  taken  of  the  ad- 
vance. On  arrival  in  London  we  were  taken  in  cabs  to  another  railway,  again  plied 
"with  liquor,  taken  to  Dover.  When  there  I  asked  Mr.  Cunningham  what  game  he  was  up 
to.  He  said,  "You  are  going  on  the  steamer,  as  it  is  the  tender  of  the  ship  lying  off  the 
harbor."  We  went  on  the  steamer,  and  were  taken  to  Calais  ;  a  great  number  of  per- 
sons came  to  look  after  us ;  we  were  guarded  until  we  were  put  on  the  Rappahannock. 
On  arriving  on  board  Mr.  Cunningham  handed  us  over  to  the  captain.  Both  Mr. 
Buchanan  and  Mr.  Cunningham  looked  after  us  until  then.  The  captain  said  to  us, 
as  we  had  had  a  long  journey,  he  would  see  us  to-morrow.  We  were  all  rather  stupid 
from  drink.  He  gave  Shrouder  20  francs  to  spend  among  us  ;  and  on  the  next  day  we 
were  called  into  the  cabin  to  sign  articles.  They  were  not  read  over  to  us.  The  cap- 
tain asked  us  all  if  we  were  ready  to  enlist.  We  told  him  no  ;  we  came  as  firemen. 
We  were  then  told  to  sign  our  names,  aud  that  the  wages  were  to  be  £6  19s.  10d.  per 
month,  with  £10  bounty.  We  were  to  have  advance-notes  three  days  after  we  signed, 
so  as  to  send  them  to  our  wives,  They  were  to  be  paid  at  Messrs.  Jones  &  Co.'s,  ship- 
brokers,  Liverpool.  We  did  not  get  these  notes,  and  Shrouder  was  put  in  irons  for 
asking  for  them.  The  treatment  we  received  was  very  severe.  If  the  least  word  was 
said  either  a  pistol  was  placed  at  our  heads  or  we  were  put  in  irous.  After  six  of  them 
(the  men  from  Liverpool)  had  run  away,  I  looked  ont  for  the  first  opportunity  to  leave 
the  ship.  On  Thursday  last,  31st  March,  at  half  past  5  o'clock,  I  got  liberty,  aud  went 
on  shore.  I  was  to  return  on  board  the  following  morniug,  at  8  o'clock.  I  did  not  re- 
turn. They  finding  that  I  was  trying  to  get  away,  the  doctor,  Mr.  Newton,  and  Mr. 
Wilson,  midshipman,  watched  me,  and  when  entering  a  public  house,  one  of  them 
struck  me  with  a  life-preserver,  and  kuocked  me  senseless.  I  was  taken  to  some 
house,  and  on  recovering  found  myself  on  a  bench,  and  Mr.  Newton  was  watching  me. 
I  asked  for  a  drink  of  water,  and  when  he  went  to  give  it  to  me  I  knocked  him  over 
and  ran  away.  I  went  to  the  Ship  Hotel,  aud  the  landlord  stowed  me  away  in  the 
back  kitchen  until  Friday  afternoon,  the  1st  April ;  I,  with  another  man,  then  walked 
away  on  the  Boulogne  road.,  and  was  picked  up  by  the  diligence.  On  arrival  at  Bou- 
logne we  went  on  board  the  boat  for  Folkestone,  and  arrived  in  London  on  Saturday 
evening.  When  I  was  struck  by  the  officers  they  severely  injured  my  left  shoulder, 
and  brought  blood  from  behind  my  right  ear.  I  have  not  been  able  to  lift  my  left  arm 
since.  My  clothes  were  all  covered  with  blood.  I  would  never  have  gone  on  board 
had  I  known  what  she  was.  Mr.  Buchanan,  who  had  worked  with  me  before,  recom- 
mended me  to  go.  He  said  she  was  for  India,  lying  at  Gravesend ;  the  voyage  was  for 
twenty-four  months.  Several  men  from  Portsmouth  joined  the  ship  at  different  times  ; 
two  are  still  ou  board.  They  will  take  any  one  that  comes,  and  when  once  on  board 
they  are  very  badly  treated.      The  provisions  are  bad,  and  the  officers  treat  the  men 


BRITISH    OASE    AND    PAPERS.  747* 

like  dogs.  The  men  from  Portsmouth  came  from  Her  Majesty's  steamer  Trafalgar  j 
one  left  some  time  back.     Man-of-war's  men  are  told   all  sorts   of  things  to  induce 

them  to  join.  I  received  a  £2  advance-note  after  I  had  been  on  board  about 
[652]  three  *  weeks.     It  was  paid  by  Samuels  &  Co.,  of  Liverpool,  au  exchange  office. 

I  had  5  francs  given  me  for  drink  when  I  came  on  shore. 

(Signed)  JAMES  GRAHAM. 

Sworn  by  the  deponent,  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the 
citv  of  London,  this  4th  day  of  April,  before  me, 

'      (Signed)  .  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


I,  James  Graham,  of  Liverpool,  do  solemnly  swear  that  the  half-pay  note  attached, 
signed  by  Joseph  Buchanan,  in  the  presence  of  William  V.  A.  Campbell,  and  dated  the 
22d  February,  1864,  is  of  the  true  and  proper  handwriting  of  the  said  Joseph  Buchanan 
and  William  V.  A.  Campbell.  I  have  seen  Captain  Campbell  sign  his  name  several 
times.  He  signed  the  draughts  for  £2  that  were  given  to  each  of  the  Liverpool  men 
after  we  had  been  three  weeks  on  board.  I  have  seen  Joseph  Buchanan  write  oftenr 
having  worked  with  him,  and  I  solemnly  swear,  to  the  best  of  my  knowledge  and  be- 
lief, the  signature  attached  to  the  half-pay  note  is  in  Joseph  Buchanan's  handwriting, 
and.  also  that  Captain  Campbell  signed  the  two  certificates  of  appointment  of  Joseph. 
Buchanan  and  Alexander  Bradshaw,  and  the  said  half-pay  note. 

(Signed)  JAMES  GRAHAM. 

Sworn  by  the  deponent,  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the. 
city  of  London,  this  4th  day  of  April,  1864,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


Confederate  States  Steamer  Rappahannock, 

Calais,  February  7,  1864. 
Sir  :  You  are  hereby  appointed  third  assistant  engineer  in  the  Confederate  States 
navy,  from  the  7th  day  of  February,  1864. 
Respectfully,  &c, 
(Signed)  WILLIAM  Y.  A.  CAMPBELL, 

Lieutenant  Commanding,  Confederate  States  Navy. 
William  Alexander  Bradshaw. 


Confederate  States  Steamer  Rappahannock, 

Calais,  February  7,  1864. 
Sir:  You  are  hereby  appointed  third  assistant  engineer  in  the  Confederate  States. 
navy,  from  the  7th  day  of  February,  1864. 
Respectfully,  &c, 
(Signed)  WILLIAM  V.  A.  CAMPBELL, 

Lieutenant  Commanding,  Confederate  Stales  Navy. 
Mr.  Joseph  Buchanan. 

I,  Joseph  Buchanan,  third  assistant  engineer  on  board  the  Confederate  States  vessel 
of  war  Rappahannock,  commanded  by  W.  V.  A.  Campbell,  lieutenant  commanding,. 
Confederate  States  navy,  do  by  these  presents  allot  $30  per  month  of  my  pay  for  the  sup- 
port of  my  family.  And  I  do  hereby  appoint  Messrs.  Jones  &,  Co.,  ship-brokers,  Liver- 
pool, my  attorney,  to  receive  for  that  purpose  from  the  navy  agent  at  the  port  of  Liv- 
erpool, England,  the  said  sum  of  $30  monthly,  for  the  term  of  'twenty-four  months,  the 
first  payment  to  be  made  on  the  30th  day  of  April,  1864. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  the  22d  of  February,  1864. 

(Signed)  JOSEPH  BUCHANAN,    [seal.] 

In  presence  and  with  the  approbation  of— 

(Signed)  WILLIAM  V.  A.  CAMPBELL, 

Lieutenant  Commanding,  Confederate  States  Navy. 

Registered  by  Douglas  F.  Forest,  assistant  paymaster,  Confederate  States  navy. 


.748  TREATY    OF    WAi=jHINGTON. 

Jf  653]  *[Inclosure  7  in  No.  28.] 

Affidavit  of  Charles  Bennett. 

I,  Charles  Bennett,  able  seaman,  of  Plymouth,  England,  do  hereby  truly,  sincerely, 
and  solemnly  swear  that  I  left  Loudon,  with  about  thirteen  others,  by  railway  from 
London  Bridge  to  Dover,  thence  by  steamboat  to  Calais,  about  the  latter  part  of  No- 
vember, and  joined  the  steamship  Rappahanhock  there  as  able  seaman.  I  was  not 
aware  what  kind  of  ship  she  was  until  I  arrived  on  board.  I  signed  articles  to  join 
the  steamship  Scylla  at  £3  15s.  per  month,  in  the  Downs,  for  a  voyage  to  the  West 
Indies  and  back.  This  agreement  wras  made  at  Scott's  public  house  in  Gravel  Lane, 
Tower  Hill.  I  do  not  know  the  mau  who  shipped  me.  Had  I  known  that  the  ship  was 
a  confederate  man-of-war  I  should  not  have  signed  the  articles  to  join  her. 

After  I  was  received  on  board,  it  was  three  days  before  I  commenced  work.  Then 
the  best  part  of  the  men  who  brought  her  from  Sheerness  left  her.  Four  riggers  then 
came  on  board,  and  commenced  fitting  the  ship,  cleaning  out  the  tanks,  shell-room, 
magazines,  and  all  the  other  rooms.  The  stores,  such  as  rum,  bread,  rice,  peas,  sugar, 
and  sundries,  were  then  sent  on  shore  to  a  private  store.  Four  days  after  that  some 
boiler-makers  came  from  Sheerness  to  work  on  board,  and  commenced  taking  old  tubes 
out  and  repairing  the  boilers.  I  with  the  seamen  then  commenced  our  regular  work, 
putting  things  to  rights  on  deck  and  aloft.  Some  days  after  that  a  report  came  to  the 
ship  that  two  United  States  frigates  were  in  sight.  Mr.  Graves,  the  first  lieutenant, 
said  the  vessel  lay  too  much  in  sight,  and  it  was  shifted  further  back  into  the  harbor. 
The  old  fan  was  removed  from  the  Rappahannock,  and  a  new  one  put  into  her.  We 
then  received  stores,  consisting  of  clothing,  shoes,  ribbons,  and  sundries.  About  three 
weeks  ago  ten  of  us  were  sent  on  shore  to  get  some  cases  that  had  been  received  from 
England  by  the  steamer.  I  was  leading  band,  and  ordered  to  open  them.  They  were 
opened  and  contained  bull-rings,  pieces  of  brass  made  to  fit  on  the  deck  for  the  guns  to 
travel  in,  euough  for  ten  guns,  and  some  copper  fighting  bolts.  These  are  what  the  gun 
rests  on,  to  allow  them  to  turn  any  way  while  in  use.  The  funnels  have  been  fitted 
so  as  to  lower  with  crutches  on  deck.  The  bolts  and  bull-rings  were  taken  on  board 
and  stowed  away  in  the  gunner's  store-room.  A  roll  of  cloth  was  then  taken  on  deck, 
and  the  magazine  screens  cut  out.  For  several  days  afterward  nothing  was  taken  on 
board  but  small  fittings.  On  Wednesday,  10th  February,  three  engineers  and  six  fire- 
men came  on  board,  and  in  the  evening  the  fires  were  lighted  and  banked  up,  and  we 
were  told  that  if  it  was  foggy  she  would  go  out  that  night  to  Cherbourg,  where  the 
►  remainder  of  her  crew  were  waiting  to  come  on  board.  The  fog,  however,  cleared 
away,  and  we  did  not  go  out.  On  Saturday  evening,  13th  February,  at  half  past  6, 
I  watched  the  port  side  of  the  deck— >the  side  nearest  the  shore  ;  and  as  the  officer 
knew  that  I  had  tried  to  desert  from  the  ship  before,  he  sent  me  on  the  other  side  of 
the  ship.  As  he  walked  aft,  I  jumped  over  the  bow,  took  the  end  of  a  rope,  and  lowered 
myself  into  the  water.  I  swam  to  a  little  boat  that  was  lying  the  other  side  of  the 
pier,  landed,  and  ran  as  hard  as  I  could  away.  At  half-past  10  o'clock  I  went  on  the 
mail-boat  that  was  going  to  Dover,  and  as  there  was  no  one  awake  on  board,  I  went 
below  and  stowed  myself  away  under  hatches.  On  arrival  at  Dover,  having  no  money, 
I  sold  my  clothes  to  pay  the  passage  over,  or  the  boat  would  have  taken  me  back 
again,  and  came  to  London.  I  never  intended  stopping  on  the  Rappahannock  after  I 
knew  she  was  a  confederate  ship  of  war. 

(Signed)  CHARLES  +  *  BENNETT. 

mark. 

Sworn  by  the  deponent,  Charles  Bennett,  at  my  office,  No.  27  Nicholas  Lane,  &c, 
(Signed)  JOHN  CASTLE  GANT, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[Iuclosure  8  in  No.  28.] 

Affidavit  of  Robert  Dunn. 

I,  Robert  Dunn,  of  Sheerness,  boiler-maker,  do  hereby  truly  and  solemnly  swear  that  I 
went  to  Calais  and  joineVl  the  ship  Rappahannock  as  fireman.  I  had  x>reviously  called 
upon  Mr.  Rumble  three  times,  as  I  heard  he  was  shipping  hands  for  her,  and  he  had 
sent  some  of  my  slripmates  and  paid  their  carriage  to  Calais,  but  I  was  not  able  to  see 
him.     On  my  arrival  at  Calais  I  saw  Gifford  and  the  other  boiler-makers  sent  by  Mr. 

Rumble;  they  had  been  working  all  night  drawing  tubes.  Gifford  told  me 
[654]  *Mr.  Rumble  gave  him  £15  to  pay  their  passage  over,  and  he  (Gifford)  told  me 

if  I  had  seen  Mr.  Rumble  he  would  have  paid  my  passage.  I  remained  on  board 
three  days  .before  I  signed  articles,  and  my  time  was  dated  back  to  the  1st  of  Decern- 


BRITISH    CASE   AND    PAPEKS.  749 

ber  at  £5  19s.  lOd.  per  mouth  as  fireman,  as  we  were  to  share  prize-money  as  the  prizes 
were  taken.  Upon  the  day  I  shipped,  five  men  came  from  Sheerness  and  joined  the 
Rappahannock.  They  were  all  from  Her  Majesty's  ship  Cumberland.  Two  had 
deserted  and  the  other  three  had  been  discharged,  Mr.  Rumble  having  bought  their 
discharges  for  them.  Mr.  Rumble  gave  them  the  money  to  buy  them  out  of  the 
service  a  week  before,  and  at  the  time  the  ship  lay  at  Sheerness  they  told  me  how 
they  could  have  duped  Mr.  Rumble  if  they  saw  fit.  Robert  Crickmore  was  the  man 
that  Mr.  Rumble  gave  the  money  to  buy  the  discharges  for  himself,  Reuben  Knight, 
and  Murrens.  This  was  at  Sheerness  pier-head.  Robert  Crickmore  said  this  openly 
on  board,  and  so  did  the  other  men  several  times.  A  marine  who  had  deserted  after- 
ward joined  as  a  coal-trimmer.  The  day  after,  Mr.  Rumble  came  on  board  the  Rappa- 
hannock about  12  o'clock  midnight,  and  he  asked  Mr.  Ramsay  if  those  fellows  had 
come  on  board.  Mr.  Ramsay  said,  "  Yes,  all  right."  I  was  in  the  engine-room  and 
was  coming  up  to  report  all's  well,  and  heard  this  conversation  ;  and  Mr.  Rumble 
added,  "  I  must  be  off  by  daylight  in  .the  morning."  Four  or  five  days  afterward  I 
saw  Mr.  Rumble  again,  and  I  told  Gilford  I  had  seen  him.  He  made  answer,  he 
"  wished  he  had  seen  him,  as  they  were  getting  very  short  of  money."  A  gang  of  men, . 
boiler-makers,  fitters,  came  from  Mr.  Rennie's  after  the  Sheerness  boiler-makers  had- 
left,  and  commenced  repairing  boilers,  putting  in  new  tubes,  &c.  While  they  were  on 
board  some  packing-cases  were  received  from  the  shore;  they  were  taken  on  board 
and  unpacked.  They  contained  brass  slides,  pivots,  and  galvanized  iron  ring-bolts  for 
gun-slides.  They  were  stowed  away  in  the  steerage,  and  were  not  to  be  placed  in  their 
proper  places  on  deck  until  after  the  vessel  left  Calais.  The  treatment  we  received  on 
board  was  very  bad.  I  was  promised  by  Captain  Campbell  that  my  wife  should  re- 
ceive money  out  of  my  bounty  during  the  time  we  remained  at  Calais,  and  half-pay  so 
soon  as  it  became  due.  She  only  received  £2,  and  when  I  asked  him  to  send  some 
more  he  threatened  to  boot  me.  I  saw  Mr.  Graves  a  week  afterward  about  the  same 
subject,  and  he  said  he  would  put  me  in  slave-irons  if  I  came  aft  any  more  about 
money.  After  I  had  been  on  board  six  weeks  I  received  a  half-pay  check  for  £2  17s. 
Id.,  payable  at  Mr.  Howe's,  Fountain  Inn,  Sheerness,  and  on  the  10th  of  February  I 
received  another  half-pay  note  for  £2  16s.  10d.,  payable  at  the  same  place.  On  one 
occasion,  while  I  was  asking  for  my  right  about  sending  money  to  my  wife,  I  was  put 
in  irons  and  kept  so  for  twenty-four  hours  ;  and  on  another  occasion  while  asking  the 
same  questions,  they  threatened  to  put  thumb-screws  on  me.  On  the  12th  of  February 
I  made  my  escape  from  the  ship  in  consequence  of  the  treatment  I  received,  and  as  I 
thought  my  wife  would  not  get  the  half-pay,  as  the  notes  were  sent  to  Liverpool  and 
returned  unpaid,  and  afterward  a  check  was  given  and  paid  at  Mr.  Howe's,  Fountain 
Inn,  Sheerness.  These  checks  were  drawn  on  Haggard  &  Co.,  Cheapside.  There  were 
on  board  slave-irons  in  great  numbers,  and  revolvers ;  and  the  men  o:i  board  were 
constantly  in  irons,  and  threatened  with  revolvers  ;  in  fact,  none  of  the  men  will  stop 
if  they  can  get  away.  There  were  only  about  twelve  men  and  boys  on  board  when  I 
left.  After  I  returned  to  Sheerness  Mr.  Rumble  sent  for  me  on  the  15th  of  February 
last,  and  asked  me  if  I  knew  whether  Mr.  Ramsay  wore  his  uniform  before  ho  went  to 
London  or  afterward.  I  told  him  after  he  had  been  to  London,  so  far  as  I  knew.  He 
asked  my  reason  for  leaving  the  Rappahannock.  I  told  him  it  was  in  consequence  of 
the  bad  treatment  I  received,  and  I  could  not  see  my  way  clear  for  leaving  half-pay 
to  my  wife.  He  said  he  was  sorry  I  had  left.  I  thought  the  Rappahannock  was  a 
blockade-runner;  had  I  known  she  was  a  confederate  man-of-war,  I  should  not  have 
joined  her. 

(Signed)  ROBERT  DUNN. 

Sworn  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the  city  of  London,, 
this  29th  day  of  February,  1864,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

^1  London  Commissioner  to  administer  Oaths  in  Chancery. 


[Inclosure  9  in  No.  28.] 

Affidavit  of  Ludwig  Kreischmar. 

I,  Ludwig  Kretschmar,  do  truly,  solemnly,  and  sincerely  swear  that  I  was  boarding 
at  John  Seymour's,  Wellclose  Square,  and  in  the  secoud  week  of  February  I 
[655]  *sigued  articles  at  Seymour's  to  join  the  steamship  Florida  at  Brest,  at  £6  per 
month  wages,  with  a  bounty  of  £10,  and  5s.  a  day  while  the  ship  remained  in 
port.  I  was  told  I  should  be  supplied  with  clothes  and  all  other  necessaries,  so  I  sold 
what  I  had  and  spent  the  money.  Two  days  afterward  I  was  taken  on  board  (with 
seventeen  others)  the  steamer  bound  for  Calais.  On  arrival  at  Calais  we  did  not  know 
where  to  go.    A  man  then  came  from  the  confederate  steamer  Rappahannock,  and  told 


750  TREATY    OF    WASHINGTON. 

us  to  come  on  board.  We  refused,  as  we  were  ordered  for  Brest.  Finding  we  had 
nowhere  to  go,  and  being  told  that  we  were  intended  for  the  Rappahannock,"  we  went 
on  board,  and  on  the  following  day  the  captain  came  to  us  and  said  he  would  pay  us 
the  bounty  aud  wages  at  sea,  and  would  pay  our  debts.  As  we  wanted  money  we 
objected,  and  he  told  us  that  we  should  have  no  food  unless  we  staid  by.  We  all  re- 
fused, and  were  put  on  board  the  Calais  packet  bound  for  Dover,  from  whence  we  had 
to  beg  our  way  to  London.  The  Austrian  consul  put  us  in  a  boarding-house,  and  paid 
part  of  our  passage  to  Dover,  the  remainder  being  paid  bv  the  French  police. 

(Signed)  LUDWIG  KRETSCHMAR. 

Sworn  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the  city  of  London, 
this  4th  day  of  March,  1864.' 

(Sigued)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancei-y. 

We,  Frederick  Strandt,  Joseph  Trunick,  Franz  Junger,  John  Parell,  and  Henry 
Jesser,  do  truly,  solemnly,  and  sincerely  swear  to  the  truth  Of  the  foregoing  statement. 
We  were  all  shipped  by  John  Seymour  at  Wellclose  Square,  for  the  ship  Florida,  lying 
at  Brest,  and  all  went  to  Calais  at  the  same  time,  and  returned  with  him  to  Dover. 
(Signed)  ,  FREDERICK  STRANDT. 

JOSEPH  TRUNICK. 
FRANZ  JUNGER. 
JOHN  PARELL. 
II.  JESSER. 

Sworn  by  the  above-named  five  deponents  at  my  office,  No.  5  White  Hart  Court, 
Lombard  street,  city  of  London,  this  4th  day  of  March,  1864,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[Inclosure  10  in  No.  23.] 
Affidavit  of  Thomas  Monk. 

I,  Thomas  Monk,  of  Portsmouth,  Hampshire,  England,  do  truly  and  solemnly  swear 
that  about  eleven  months  ago  I  was  engaged  by  a  stranger  at  Portsmouth  to  go  to 
New  Haven,  and  from  thence  by  steamer  to  the  French  coast,  and  ran  alongside  the 
confederate  steamer  Georgia,  and  on  arriving  on  board  I  joined  her  as  quartermaster. 
There  were  three  other  men  taken  from  New  Haven  at  the  same  time,  and  the  steamer 
had  guns  and  ammunition  for  the  Georgia.  They  were  taken  on  board  as  we  lay  off 
the  coast.  The  Georgia  went  to  sea  as  soon  as  we  had  received  the  guns,  and  cruised 
toward  the  Cape  of  Good  Hope.  On  the  passage  she  took  eight  American  ships,  burned 
three  of  them,  and  bonded  the  other  rive.  After  we  arrived  at  the  Cape,  we  returned 
to  France,  and  went  into  Cherbourg  for  repairs.  No  ships  were  burned  on  the  return 
passage,  but  one  was  bonded.  After  we  had  been  at  Cherbourg  some  time,  I  was  sent 
to  the  Rappahannock,  at  Calais,  and  then  I  returned  home.  While  I  was  in  the  Geor- 
gia I  received  for  the  first  six  months  £5  10s.  per  month,  and  afterward  £6  per  month; 
my  wife  receiving  the  half  pay  at  Portsmouth,  by  post-office  order  from  Mr.  Jones,  of 
Liverpool.  That  was  received  regularly  while  I  remained  on  the  ship.  I  remained  at 
Portsmouth  on  leave  for  a  week,  and  then  joined  the  confederate  steamer  Rappahan. 
nock,  at  Calais,  as  boatswain,  at  £18  per  month.  Half  was  to  have  been  paid  to  my 
wife  by  the  same  Mr.  Jones,' Liverpool ;.  but  she  did  not  draw  any.  I  joined  her  about 
five  weeks  back  and  staid  on  board  until  I  received  my  discharge,  on  the  7th  March. 
I  applied  for  it,  as  I  found  it  impossible  to  remain  on  a  ship  that  was  conducted  like 
the  Rappahannock — the  captain  and  chief  officer  always  creating  some  unpleasantness 
on  board  ;  and  I  did  not  like  to  remain  on  a  ship  that  was  intended  to  burn  and  destroy 

merchant-ships,  unarmed  and  defenseless. 
[656]      *When  I  signed  articles  on  board  the  Rappahannock,  I  made  an  arrangement 
with  the  purser  respecting  the  half  pay  to  be  paid  to  my  wife  at  Portsmouth, 
which  was  also  to  be  paid  by  Mr.  Jones,  of  No.  28  Chapel  street,  Liverpool. 

his 
(Signed)  THOMAS  +  MONK. 

mark. 

Witness  to  the  mark  of  Thomas  Monk  : 

(Signed)  Joshua  Munn. 

Sworn  at  my  office,  No.  4  Nicholas  Lane,  Lombard  street,  in  the  city  of  London,  this 
the  15th  day  of  March,  1864,  by  the  deponent,  Thomas  Monk. 

(Signed)  J.  WILKINSON, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


BRITISH    CASE    AND    PAPERS.  751 

The  witness  to  the  mark  of  the  deponent  being  first  sworn  that  he  had  truly,  dis- 
tinctly, and  audibly  read  over  the  contents  of  the  above  affidavit  to  the  said  deponent, 
and  that  he  saw  him  make  his  mark  thereto.     Before  me, 

(Signed)  J.  WILKINSON, 

A  London  Commissioner  io  administer  Oaths  in  Chancery. 


flnclosure  11  in  No.  £8.] 

Affidavit  of  James  Conner. 

I,  James  Conner,  do  solemnly  and  truly  swear  that  on  Sunday  afternoon,  the  7th. 
February  last,  I,  with  eight  others,  viz,  James  Graham,  John  Dow,  Thomas  Shrouder, 
Walker  Dixon,  John  Pratt,  Thomas  Welch,  Thomas  Woods,  and  William  Friend,  were 
sent  for  to  go  to  Major's  public  house,  in.Athol  street,  Liverpool.  On  going  there  we 
were  met  by  four  engineers,  citizens  of  Liverpool,  viz  :  William  Bradshaw,  Joseph. 
Buchanan,  and  Messrs.  Coats  and  Cunningham.  Mr.  Cunningham  appeared  to  be  the 
leader  and  spokesman  of  the  other  engineers.  We  were  taken  into  a  private  room  where 
liquor  was  abundantly  provided.  We  were  asked  by  Cunningham  if  we  wanted  a  good 
ship  and  good  pay.  We  asked  for  some  particulars,  and  were  told  the  ship  was  in  Lon- 
don, and  was  going  to  Nassau  to  run  the  blockade,  and  that  our  pay  would  be  £6  Ws. 
per  month,  and  that  half-pay  for  our  families  could  be  drawn  in  Liverpool.  We  were 
told  we  were  to  sign  articles  in  London.  We  left  the  same  night  for  London,  and  on 
arrival  were  taken  in  cabs  from  Enstou  Square  station  to  a  public  house  outside  the 
station,  and  from  thence  to  the  railway  for  Dover,  and  by  the  boat  to  Calais.  On 
arrival  at  Calais,  Cunningham  said,  "  I  have  done  with  you  now,"  and  that  he  would 
turn  us  over  to  the  captain.  He  took  us  on  board  the  Rappahannock,  and  left  us  there. 
The  captain  of  the  Rappahannock  asked  us  if  we  wanted  to  enlist.  We  told  him  we 
did  not  Come  to  list ;  we  came  as  firemen,  not  as  soldiers.  He  then  said  he  would  set- 
tle with  us  to-morrow  or  the  next  day,  and  gave  us  a  20-franc  piece  to  get  some  drink 
with,  and  further  told  us  that  he  would  give  us  10s.  a  month  more  than  Mr.  Cunning- 
ham had  promised  us  at  Liverpool.  We  left  the  ship  and  returned  the  same  night  on 
board  ;  and  the  next  morning  the  captain  promised  us  he  would  send  half-pay  notes 
on  to  Liverpool  in  a  day  or  two,  to  be  paid  at  Messrs.  Jones  &  Co.,  Chapel  street,  Liv- 
erpool, and  £10  bounty,  to  be  paid  twenty-four  hours  after  we  left  port.  We  then 
signed  articles.  Something  was  read  to  us,  but  it  was  impossible  to  understand  one 
word  of  it.  We  were  then  set  to  work  cleaning  engines  and  other  regular  work.  After 
working  two  or  three  days  we  complained  about  the  meat.  It  was  short  in  quantity, 
and  not  what  we  were  in  the  habit  of  having  in  port— being  salt  beef  and  pork.  The 
captain  put  a  revolver  to  my  head,  and  swore  he  would  shoot  me  or  any  of  them  who 
complained  again.  I  and  five  others  were  put  in  irons,  hands  and  feet,  and  kept  so  for 
seven  days  and  nights  for  daring  to  make  any  complaints.  We  were  afterward  sent  to 
work  again  below;  the  steam  was  got  up,  and  the  fires  banked.  I  do  not  think  they 
would  have  taken  us  out  of  irons  if  they  had  not  wanted  to  get  the  steam  up.  The 
steam  was  got  up  two  or  three  times  during  the  next  four  or  five  days,  and  the  fires 
were  kept  banked  up  all  the  time.  I  made  two  or  three  attempts  to  leave  the  ship,  as 
I  could  not  stay  in  her.  I  and  others  wrote  to  Captain  North,  at  the  Old  Sailors'  Home, 
Liverpool,  and  to  Captain  Packham,  of  the  New  Sailors'  Home,  Liverpool,  and  asked 
them  to  get  us  away.     We  told  him  how  we  had  been  deceived,  and  that,  instead  of  a 

blockade-runner  in  London  being  the  ship  we  were  to  go  in,  we  had  been  taken 
[657]  to  Calais  and  put  on  board  the  confederate  *steamer  Rappahannock.     We  never 

received  any  answer  to  these  letters.  On  Sunday,  the  20th  March,  I  got  ashore, 
and  met  a  friend  who  promised  to  pay  my  passage  to  London  ;  and  as  I  had  no  inten- 
tion of  stopping  by  the  ship  when  I  knew  what  service  she  was  intended  for,  I  was 
glad  of  any  chance  to  get  away.    I  left  by  boat  for  Dover  that  same  night. 

his 

(Signed)  JAMES  -f  CONNER. 

mark. 
Witness  to  the  mark  of  James  Conner  : 

(Signed)  Joshua  Munn. 

Sworn  by  the  deponent,  James  Conner,  at  my  office,  No.  5  White  Hart  Court,  Lom- 
bard street,  in  the  city  of  London,  this  21st  day  of  March,  1864,  the  witness  to  the 
mark  of  the  deponent  being  first  sworn  that  he  had  truly,  distinctly,  and  audibly  read 
over  the  contents  of  the  above  affidavit  of  the  said  deponent,  and  that  he  saw  him 
make  his  mark  thereto.    Before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


752  TREATY    OF    WASHINGTON. 

[In closure  12  in  No.  28.] 

Affidavit  of  John  Ford. 

I,  John  Ford,  of  Portsmouth,  able  seaman,  do  hereby  truly,  sincerely,  and  solemnly 
swear  that,  on  Thursday  last,  March  13,  I  was  in  Dover,  and  when  oil  the  pier  I  was 
asked  by  a  man,  who  appeared  to  be  a  waterman,  if  I  wanted  a  ship.  I  said  I  did. 
He  did  not  inform  me,  but  told  me  to  meet  him  on  the  next  evening  between  10  and 
11  o'clock  at  the  corner  of  Swargate  street,  and  he  said  he  would  put  me  across.  I 
went  there  at  the  time  appointed  and  met  him.  He  paid  my  passage  to  Calais,  and 
told  me  to  go  down  the  pier  and  I  should  see  a  ship  (steamer)  that  was  very  like  an 
American  ship,  and  that  I  was  to  go  on  board.  He  gave  me  2s.,  and  told  me  to  go  to 
the  Dover  Castle,  as  I  should  not  be  able  to  go  on  board  until  the  morning.  The  next 
morning  I  went  on  board  the  Rappahannock,  and  the  officer  on  deck  asked  me  what  I 
wanted.  I  told  him  I  wanted  a  ship,  and  that  I  was  sent  down  to  her.  He  said  the 
captain  was  not  there  at  present;  he  was  gone  to  Paris  ;  but  that  I  could  remain  on 
board  if  I  liked  until  Monday.  On  that  day  I  signed  articles  in  the  cabin,  but  I  did 
not  know  the  nature  of  the  articles  or  the  voyage  until  after  I  had  signed.  The  agree- 
ment was  afterward  read  to  me.  It  was  to  serve  during  the  present  war,  at  the  rate  of 
$22  per  month,  and  £  1 0  bounty,  to  be  paid  twenty-four  hours  after  the  ship  left  port ; 
and  there  were  some  remarks  in  the  articles  about  burn,  sink,  or  destroy  the  enemy's 
ships.  I  then  asked  for  two  hours'  leave,  and  the  captain  said  I  might  have  up  to  7 
o'clock.  I  returned  about  half-past  7,  and  the  captain  threatened  to  put  me  in  irons, 
as  I  had  only  signed  articles  ;  so  I  jumped  off  the  rail  and  ran  up  the  pier  and  escaped. 
I  returned  to  the  Dover  Castle,  and  at  night  went  on  board  the  boat  and  returned  to 
Dover.  I  should  not  have  gone  had  I  known  what  ship  she  was.  I  thought  she  was 
an  American  ship,  and  not  intended  as  a  ship  of  war.  The  man  at  Dover  who  paid  my 
passage  to  Calais  was  an  Englishman.     I  should  know  him  again  if  I  met  him. 

(Signed)  JOHN  FORD. 

Sworn  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the  city  of  London., 
this  21st  day  of  March,  1864. 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancer. 


Ilnclosure  13  in  No.  28.] 

Affidavit  of  Thomas  Shrouder  and  others. 

J,  Thomas  Shrouder,  of  Liverpool,  leading  stoker,  do  hereby  solemnly  and  sincerely 
swear  that,  on  the  7th  February,  I  was  engaged  at  a  public  house  at  the  corner  of 
Athol  street  and  Scotland  road,  by  Mr.  James  Cunningham  and  Joseph»Buchanau,  engi- 
neers, for  a  voyage  to  the  East  Indies,  at  £6  per  month  wages.  The  ship  was  lying 
[658]  *  at  Gravesend.  I  was  to  go  to  London  by  train,  and  from  thence  to  Gravesend  ^ 
and  eight  others  went  with  me.  We  were  plied  with  drink.  And  at  11  at 
night  were  to  be  at  the  station  in  Lime  street ;  and  our  wives  were  to  receive  a  month's 
pay.  On  arrival  there  we  were  hurried  into  the  train,  and,  having  drunk  freely,  did 
not  know  where  we  were  until  we  arrived  at  London.  Our  wives  did  not  get  a  farth- 
ing, and  we  were  not  allowed  to  see  them.  After  arrival  in  London  we  were  put  into 
four  cabs  and  taken  to  London  bridge,  (as  Ave  learned  afterward  ;  we  did  not  know 
ourselves.)  We  were  taken  to  a  coffee  and  public  house  there,  and  had  a  drink  at  the 
bar.  Were  then  put  into  the  train  and  sent  to  Dover,  and  then  bundled  on  board  the 
packet-boat  and  landed  in  France.  On  arrival  at  Calais  we  were  taken  on  board  a 
steamer.  We  did  not  know  her  name  then,  or  what  she  was,  but  found  afterward  she 
was  the  confederate  steamer  Rappahannock.  After  we  had  been  put  on  one  side  of  the* 
deck,  the  captain  came  and  asked  us  if  we  wanted  to  enlist.  James  Graham,  one  of 
the  stokers  that  left  Liverpool  with  us,  answered,  "  We  did  not  come  to  list ;  we  were 
engaged  at  Liverpool  as  stokers  for  a  ship  lying  at  Gravesend,  bound  for  the  East  In- 
dies." The  captain  said,  as  we  were  all  the  worse  for  drink,  we  had  better  have  our 
grub  and  grog  on  board.  And  he  asked  the  crew  what  sort  of  treatment  they  got. 
The  crew  would  not  give  their  opinion,  and  we  found  out  afterward  the  reason  why 
they  would  not  was  they  were  afraid,  if-  they  told  the  truth,  and  we  complained,  they 
would  be  put  in  irons.  We  told  the  captain  we  wanted  to  go  on  shore  that  night ;  so 
he  gave  us  20  francs  to  give  the  lot  of  us  a  run  up  town.  I,  James  Graham,  John  Dow, 
and  Walter  Dixon  staid  on  shore  all  night,  and  in  the  morning,  after  having  had  from 
eight  to  ten  glasses  of  brandy  each,  we  were  taken  down  to  the  cabin  to  sign.  "No 
articles  were  read,  but  we  made  our  own  agreement,  and  swore  to  stand  by  our  own 
agreement,  and  nothing  more.  He  wanted  us  to  swear  allegiance  to  the  confederacy, 
but  we  declined.  Our  wages  were  to  be  paid  monthly,  at  £6  19s.  Wd.  per  month,  and 
we  wanted  a  month's  advance,  but  were  promised  £10  instead,  to  be  paid  three 


BRITISH    CASE    AND    PAPERS.  753 

days  afterward.  Our  half-pay  notes  were  to  be  given  us  at  the  same  time,  so  that  we 
might  send  them  to  our  wives  at  once.  They  were  to  be  made  payable  at  Messrs. 
Jones,  Higgins  &  Co.,  Chapel  street,  Liverpool.  When  the  time  was  up,  I  asked  for 
the  note  and  advance,  and  was  put  in  irons,  hand  and  feet,  and  kept  from  that  day, 
12th  February,  to  the  5th  March,  (twenty-two  days  and  six  hours  in  irons.)  The  cap- 
tain wanted  me  to  make  au  apology.  I  would  not.  He  said  that  he  would  try  me  by 
court-martial  so  soon  as  the  ship  was  at  sea,  and  swore  he  would  shoot  me  if  found 
guilty,  and  if  it  lay  in  his  power  he  would  do  his  best  to  find  nle  guilty.  I  remained 
on  board  until  the  27th,  and  then  got  liberty  to  go  on  shore,  and  ran  away.  Our  half- 
pay  was  to  have  been  paid  regularly  every  month  by  Messrs.  Jones,  Higgins  &  Co.,  so 
long  as  we  remained  by  her.  We  were  engaged  for  twenty-four  months,  aud  the  half- 
pay  notes  were  made  out  for  that  time.  None  of  us  should  have  gone  in  the  ship  but 
for  Mr.  Cunningham  and  Mr.  Buchanan  recommending  her  to  us.  They  have  also  left 
the  Rappahannock. 

(Signed)  THOMAS  SHROUDER. 

Sworn  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the  city  of  London, 
this  28th  dav  of  March,  1864. 

(Signed)  .  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 

We,  Samuel  Garland  and  Thomas  Woods,  both  of  Liverpool,  firemen,  do  solemnly 
swear  that  we  were  shipped  at  the  same  time,  and  that  all  the  statements  set  forth  by 
Thomas  Shrouder  are  true  and  correct,  with  the  exception  of  that  part  about  the  20 
francs  and  the  time  that  Shrouder  left,  we  having  run  away  two  days  before,  (Good 
Friday,)  and  were  concealed  until  the  boat  left  for  Dover.  We  were  both  shipped  in 
the  same  way  by  Mr.  James  Cunningham  and  Mr.  James  Buchanan,  at  Liverpool,  and 
our  half-pay  notes  are  to  be  paid  at  Messrs.  Jones,  Higgins  &  Co.'s,  Chapel  street, 
Liverpool. 

(Signed)  SAMUEL  GARLAND. 

THOMAS  WOODS. 

Sworn  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the  city  of  London, 
this  28th  day  of  March,  1864,  by  both  deponents. 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[59]  *[Inclo3ure  14  in  No.  28.] 

Deposition  of  John  Dow  and  others. 

We,  John  Dow,  John  Pratt,  and  Walter  Dixon,  all  of  Liverpool,  firemen,  do  truly 
and  solemnly  swear  that  we  were  shipped  with  six  others  by  James  Cunningham  and 
Joseph  Buchanan,  at  a  public  house,  corner  of  Athol  street,  Liverpool,  for  voyage  to 
the  East  Indies.  They  informed  us  that  the  steamer  was  lying  at  Gravesend  waiting 
for  firemen,  the  wages  to  be  paid  at  the  rate  of  £6  10s.  per  month.  We  were  all  well 
treated  with  drink,  and  they  promised  that  our  wives  should  have  the  month's  ad- 
vance if  they  came  with  us  to  the  station,  Lime  street,  Liverpool,  at  11  o'clock;  but 
instead  of  our  wives  getting  any  money,  we  were  all  hurried  into  the  train,  and  more 
liquor  given  us  in  London.  We  were  taken  in  cabs  to  the  station  for  Dover,  and  on 
arrival  there  were  put  into  the  steam-packet  for  Calais  ;  after  we  had  arrived  at  Calais 
we  were  taken  on  board  the  Rappahannock,  and  in  the  morning  asked  if  we  wanted  to 
enlist.  Graham,  one  of  us,  said  that  we  came  as  firemen,  or  stokers,  and  nob  as  sol- 
diers. We  were  then  ordered  to  sign  articles.  They  were  not  read  over  to  us,  but  we 
were  to  have  £6  19s.  10<L  per  month  and  £10  bounty  instead  of  advance,  which  was 
to  be  paid  in  three  days.  Our  half-pay  notes  were  to  be  paid  to  our  wives  in  Liver- 
pool for  twenty-four  months,  by  Messrs.  Jones,  Higgins  &  Co.,  Chapel  street,  Liver- 
pool. After  remaining  on  board  about  seven  weeks,  and  as  the  provisions  were  bad, 
and  we  were  treated  more  like  dogs  than  men,  we  left  the  ship,  leaving  our  clothes  on 
board.  None  of  us  would  have  gone  to  her  had  not  Messrs.  Cunningham  and  Buchanan 
deceived  us.  They  told  us  she  was  for  India.  Had  we  known  she  was  a  ship  of  war 
for  the  confederates  we  would  not  have  gone  at  all. 

(Signed)  JOHN  DOW. 

JOHN  PRATT. 

WALTER  DIXON. 

Sworn  by  all  the  deponents,  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in 
the  city  of  London,  this  31st  March,  1860,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 
H.  Ex.  282,  vol.  ii 48 


754  TREATY    OF   WASHINGTON. 

ISo.  29. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  April  18, 1864. 
Sir  :  I  have  the-  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  16th  instant,  inclosing  copies  of  a  letter  from  the  XJnited   States 
consul  in  London,  and  of  the  depositions  of  twenty-one  persons  relative 
to  enlistments  stated  to  have  been  made  at  various  places  in  this  king- 
dom for  the  so-styled  confederate  government,  and  to  state  to  you  that 
these  papers  shail  be  considered  by  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  .        .    EUSSELL. 


So.  30. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 

London,  May  4,  1864.  (Received  May  4.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  copies 
of  three  more  depositions,  still  further  corroborating  previous  evidence 
as  to  the  part  taken  by  Mr.  Rninble,  an  officer  in  Her  Majesty's  service 
at  Sheerness,  in  providing  men  for  the  service  of  the  insurgents  of  the 
United  States.  I  would  further  solicit  your  lordship's  particular  atten- 
tion to  that  portion  of  the  evidence  relating  to  the  efforts  of  Mr.  Rumble 
to  obtain,  by  intimidation,  a  retractation  of  the  testimony  heretofore 
given  against  him. 

Renewing,  &c. 

(Signed)  CHARLES  FRANCIS  ADAMS. 


[660]  *[Inclosure  1  in  No.  30.] 

Depositions  of  Charles  Bollen  and  Robert  Russell. 

We,  Charles  Bollen  and  Robert  Russell,  of  the  island  of  Guernsey,  seamen,  do  hereby 
sincerely  and  solemnly  swear,  that  on  Thursday  last,  the  21st  April,  we  were  at  Hot's 
coffee-house,  in  the  highway,  when  a  man  named  Miller  asked  us  if  we  had  a  ship ;  we 
answered  we  had.  He  said,  if  we  would  come  with  him  he  would  ship  us  on  a  London 
ship,  a  steamer,  going  to  run  the  blockade,  and  that  the  wages  would  be  £4  8s.  a  month 
and  £10  bounty^  As  the  wages  were  nearly  double  what  we  expected  to  get,  we  agreed 
to  go  with  him,  and  took  our  clothes  to  his  house,  in  High  street,  Shadwell.  On  arrival 
there  he  gave  us  2s.  to  spend  for  the  evening.  We  slept  there  that  night,  and  on  the 
following  day,  while  at  dinner,  Miller  told  us  we  need  not  take  our  clothes  with  us,  as 
we  should  not  want  them  ;  they  would  find  us  clothes  on  board  the  ship.  On  the  23d 
April,  Saturday  morning,  at  3  o'clock,  we  were  taken  on  board  the  Rainbow,  Calais 
packet ;  Miller  went'with  us,  and  told  us  we  should  have  a  month's  pay  as  soon  as  we 
had  signed  articles.  We  had  no  food,-  with  the  exception  of  a  little  piece  of  bread,  un- 
til after  we  arrived  at  Calais.  When  we  got  to  Calais,  Miller  took  us  and  four  others 
alongside  the  Rappahannock.  As  soon  as  we  knew  what  ship  she  was,  we  refused  to 
join,  and  told  Miller  he  had  deceived  us.  He  promised  us  a  London  ship,  and  brought  us 
down  to  the  Rappahannock,  confederate  ship  of  war  ;  we  demanded  our  passage  back  to 
Loudon.  Miller  said  he  would  send  us  back  to  Dover  only,  and  we  might  get  to  Lon- 
don how  we  liked.  We  were  kept  without  food  while  we  were  at  Calais,  and  on  com- 
ing away  only  received  a  pig's  foot  and  three  small  cakes.  After  landing  in  Dover 
we  had  to  walk  to  London,  and  only  had  a  small  piece  of  bread  that  was  given  to  us 
on  the  road.    We  never  had  any  intimation  of  joining  a  ship  of  war,  but  were  led  to 


BRITISH    CASE    AND    PAPERS.  755 

believe  the  ship  was  a  steamer  going  to  rim  the  blockade.  Finding  that  we  would  not 
go  in  the  Rappahannock,  we  were  shut  up  in  an  office  on  the  pier  at  Calais  until  an  offi- 
cer in  uniform  came  to  us,  and  Miller  wanted  u^  to  sign  articles,  but  we  refused.  The 
other  four  who  went  with  us  to  London  signed  articles.  Miller  also  wanted  us  to  sigu 
a  paper  for  £2  10s.  for  passage  and  shipping,  which  we  also  refused. 

(Signed)  ,  CHARLES  BOLLEN. 

ROBERT  RUSSELL. 

Sworn  by  both  deponents,  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in 
the  city  of  London,  this  26th  day  of  April,  1864,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[Inclosure  2  in  IsTo.  30.] 

Deposition  of  George  Thompson. 

I,  George  Thompson,  of  Sheerness,  England,  engineer,  do  hereby  truly  and  solemnly 
swear  that,  hearing  from  a  friend  an  engineer  was  wanted  for  the  Scylla,  I  went  to  Mr. 
Rumble's  house  on  Friday,  the  27th  November  last,  for  the  berth.  I  saw  Mr.  Rumble, 
in  the  presence  of  Captain  Sheppard,  paymaster  of  the  13th  depot  brigade  royal  artil- 
lery. When  Captain  Sheppard  had  left,  Mr.  Rumble  said,  "  Your  name  is  Thompson  V 
I  answered,  "  Yes,  sir."  Mr.  Rumble  then  said,  "  I  see  here,  by  this  note,  you  have 
been  to  sea ;  well,  this  ship  is  gone,  and  you  are  going  as  second  engineer."  I  asked 
the  wages  ;  Mr.  Rumble  said,  "For  the  second  I  can  give  $1,250  a  year."  I  asked 
when  I  was  to  go.  Mr.  Rumble  said,  "  By-the-by,  do  you  know  of  any  boiler-mak- 
ers ?"  I  answered,  "  I  know  of  one,  if  he  would  let  me  go  to  London  for  him."  Mr. 
Rumble  said,  "  O,  dear,  no.  I  want  you  to  go  away  to-night  or  to-morrow."  I  in- 
quired after  the  half-pay,  as  I  wanted  to  know  how  my  wife  and  family  were  to  get 
on  in  my  absence.  Mr.  Rumble  said,  "  That  will  be  all  right ;  the  half-pay  would  be 
paid  all  right."  I  wanted  some  money  for  clothes,  and  asked  where  I  was  to  get  it. 
Mr.  Rumble  asked  me  how  much  I  wanted?  I  answered,  "About  £20."  Mr.  Rumble 
said,  "  The  Scylla — but  I  don't  think  that  is  her  name  now — is  lying  at  Calais,  and 
you  will  not  want  any  clothes  there ;  the  uniform  is  gray,  and  they  will  supply  that 
or  anything  you  may  want,  as  there  is  plenty  of  cloth,  and  men"  to  make  them  on  board." 
Mr.  Rumble  likewise  told  me  to  bring  my  wife  down  to  his  house  about  6  or  7 
[661]  ^o'clock  that  evening,  and  he  would  settle  the  half-pay  in  her  presence.  In  the 
evening,  as  my  wife  was  getting  ready  to  go  to  Mr.  Rumble's,  his  messenger 
came  and  said  that  I  was  to  go  to  Greathead's  along  with  him.  My  wife  and  self  went 
with  Mr.  Rumble's  messenger,  and  Mr.  Brampton,  a  fitter  in  the  dock-yard  factory, 
Sheerness,  to  Mr.  Greathead's,  chief  engineer  under  Mr.  Rumble,  at  Sheerness.  Mr. 
Greathead  asked  my  name,  and  he  said,  "As  Mr.  Rumble  is  not  in  town  at  present,  I 
want  to  know  if  you  will  go  in  this  ship,  the  Scylla?"  I  said,  "Yes,  provided  they 
would  come  to  my  terms."  Mr.  Greathead  asked  me  what  I  wanted.  I  said,  "  If  you 
will  give  me  £20  I  will  go  away."  Mr.  Greathead  answered  that  he*was  not  in  a  posi- 
tion to  give  £20,  but  he  would  give  me  £10.  I  then  said,  "About  the  half-pay  note  ;  I 
suppose  I  can  make  the  arrangement  for  that  with  Mr.  Rumble  or  the  captain  on  board 
the  ship?"  I  also  said,  "I  must  have  more  than  £10  if  I  go  away  to-night."  Mr. 
Greathead  said,  "  I  can  do  no  more,  as  I  am  waiting  for  a  telegraphic  message  from  Mr. 
Rumble,  who  has  gone  by  London ;  he  was  sent  for  in  a  great  hurry  this  afternoon. 
There  is  time  to  go  by  the  train  to-night;  I  will  go  to  the  station  with  you."  1  said, 
"  Well,  then,  I  shall  not  go  until  I  have  setn  Mr.  Rumble."  Mr.  Greathead  then  said, 
"  Very  good ;  you  can  see  Mr.  Rumble  to-morrow."  I  then  left  him.  On  Saturday, 
28th  November,  about  dinner-time,  I  went  to  Mr.  Rumble's  house  and  saw  Mr.  Rumble. 
He  told  me#to  come  again  in  the  evening,  and  to  bring  my  wife  with  me,  and  he  would 
settle  and  see  about  my  going  away  that  night  or  on  the  Sunday,  and  also  see  about 
my  wife's  half-pay.  Iu  the  evening  I  went  again,  Mr.  Rumble  said,  "  Well,  Thomp- 
son, I  suppose  you  are  ready  to  go  away  ?  "  I  said,  "  Yes,  sir,  if  you  will  settle  about 
my  wife's  half-pay."  Mr.  Rumble  said,  "Fetch- your  wife  in."  I  did  so;  and,  in  the 
presence  of  Mrs.  Rumble  and  another  female,  Mr.  Rumble  said  to  my  wife,  "  You  can 
receive  your  half-pay  here  at  my  house,  and  that  will  b^better  than  going  to  London 
for  it,  and  will  save  you  unnecessary  expense  and  trouble."  I  asked  him  when  I  was 
to  go  away.  Mr.  Rumble  answered,  "  There  is  a  train  going  in  about  an  hour ;  you 
can  go  by  that.  Then,  Thompson,  as  I  am  going  to  take  some  boiler-makers  on  Thurs- 
day next,  it  will  be  as  well  to  wait  until  then,  and  all  go  together."  I  said  to  Mr. 
Rumble,  "  Well,  sir,  if  I  am  to  go,  I  may  as  well  go  at  once."  Mr.  Rumble  said,  "Well, 
Thompson,  you  can  go  to-morrow,  if  you  like ;  but  come  to  my  house  on  Monday."  On 
Monday,  the  30th  November,  I  called  at  Mr.  Rumble's  house;  he  was  not  at  home.    I 


756  TREATY    OF    WASHINGTON. 

called  again  on  Tuesday,  1st  December ;  he  was  not  at  home.  On  Wednesday  2d  De- 
cember, I  called  again,  with  the  same  result ;  and  on  Thursday,  3d  December,  I  saw 
Mr.  Rumble.  Mr.  Rumble  said,  "O,  Thompson,  I  suppose  you  have  come  about  going 
on  board  that  ship,  the  Scylla.  Well,  you  had  better  call  again  in  a  few  days,  and  I 
will  let  you  know,  as  her  tubes  are  in  a  frightful  condition,  and  she  will  in  all  proba- 
bility lie  there  for  a  month  or, six  weeks  yet ;  so  you  have  time  to  get  yourself  together 
a  little."  After  that  night  nothing  more  was  said  to  me  by  Mr.  Rumble  about  joining 
the  Scylla,  or  Rappahannock.     I  went  back  to  work  in  the  factory. 

(Signed)  GEORGE  THOMPSON. 

•Sworn  by  the  deponent  at  my  office,  No.  5  White  Hart  Court,  Lombard  street,  in  the 
city  of  London,  this  19th  day  of  April,  1864,  before  me, 

(Signed)  JOHN  J.  ANDREW, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


[Inclosure  3  in  No.  30.] 

Deposition  of  Edwin  Shaw  and  William  Hall. 

We,  Edwin  Shaw  and  William  Hall,  hammermen,  of  Sheerness,  Kent,  do  hereby  truly, 
solemnly,  and  sincerely  swear,  that  in  the  early  part  of  November  last  wc  heard  that 
the  screw-steamship  Scylla,  of  London,  wanted  several  stokers,  and  that  all  parties  to 
be  engaged  were  to  apply  to  Mr.  Rumble.  On  the  16th  of  November,  about  a  quarter 
before  10  o'clock  at  night,  we  saw  Mr.  Rumble,  and  said  to  him,  "  We  hear  you  are 
engaging  men  for  the  Scylla,  of  London."  Mr.  Rumble  said,  "  Yes ; "  and  asked  us  to 
come  inside.  He  took  us  into  his  back  room,  and  said  he  knew  she  wanted- several 
stokers,  and  asked  us  if  we  had  ever  been  to  sea.  We  answered  no.  Mr.  Rumble  then 
said  the  ship  belonged  to  a  friend  of  his,  who  had  asked  him  to  recommend  some  men 
for  her ;  but  he  preferred  men  that  had  been  to  sea.     He  further  said  he  knew  nothing 

about  the  ship,  and  asked  us  if  we  knew  of  any  men  who  had  been  to  sea. 
[662]     *He  would  have  liked  us  to  go,  had  we  been  to  sea  before,  but  could  not  take 

himself  to  engage  us  then  ;  but  as  we  were  respectable  men,  he  thought  there 
would  be  no  trouble  to  get  engaged,  and  that  we  had  better"  go  on  board  or  come  to  his 
house  again  on  Wednesday  night,  the  18th  of  November,  and  perhaps  the  chief  engineer 
(Mr.  Ferguson)  would  be  there.  On  the  18th  of  November  we  called  again  at  Mr. 
Rumble's  house,  saw  him,  and  asked  him  if  he  had  seen  the  chief  engineer.  Mr.  Rum- 
ble said  he  had  not,  as  he  was  poorly,  but  expected  to  see  him  in  a  day  or  so.  On 
Saturday,  21st  of  November,  we  went  again  to  Mr.  Rumble's,  with  the  same  result.  On 
Monday,  23d  of  November,  we  called  again,  at  Mr.  Rumble's  request.  Mr.  Rumble  then 
said,  "I  do  not  know  what  to  do  with  you,  men,"  and  went  and  wrote  a  note  to  Mr. 
Ferguson,  chief  engineer,  and  gave  it  to  us  to  take  on  board  to  Mr.  Ferguson,  and  told 
us  to  go  to  Mr.  Howe's,  the  Fountain  Hotel,  and  the  boat  he,  Mr.  Howe,  had  engaged 
would  take  us  on  board.  On  the  24th  of  November  we  went  on  board,  in  company  with 
William  Lodge  and  Richard  Spendiif.  When  we  got  there  we  asked  for  the  chief  engi- 
neer. He  was  not  on  board.  We  saw  Mr.  Ramsay,  the  acting  master  at  the  time,  and 
told  him  we  had  a  note  from  Mr.  Rumble  for  Mr.  Ferguson  ;  and  afterward  Mr.  Fergu- 
son came  on  board,  and  we  gave  him  the  note  and  told  him  Mr.  Rumble  had  sent  it. 
Mr.  Ferguson,  without  reading  the  note,  said,  "  If  Mr.  Rumble  sent  you,  get  to  work." 
We,  however,  wanted  an  understanding  about  the  pay.  Mr.  Ferguson  said  we  should 
have  the  same  as  the  rest  of  the  men,  namely,  3s.  6d.  a  day  and  found  until  the  ship 
goes  away.  We  then  wanted  to  know  what  pay  we  were  to  receive  after  the  ship  left. 
Mr.  Ferguson  then  said,  "Mr.  Rumble  told* you,  has  he  not?"  We  answered  no.  Mr. 
Ferguson  said,  ''I  don't  know,  then;  but  if  you  intend  to  go  in  the  ship,  get  to  wTork 
on  the  boilers  at  once ;  if  not,  clear  out."  We  went  up  on  the  deck.  After  waiting 
some  time  there,  Mr.  Rumble  and  Mr.  Greathead  came  on  board.  Mr.  Rumble  came 
up  to  us  and  asked  if  we  had  seen  Mr.  Ferguson,  and  what  he  said.  We  told  him,  and 
Mr.  Rumble  said  we  had  better  wait  a  little  while,  as  the  owner  would  be  on  board 
soon,  and  then  the  wages  would  be  settled.  After  waiting  some  time  longer  Mr.  Pear- 
son came  on  board.  Mr.  Rumble  introduced  Mr.  Pearson  to  us  as  the  owner;  and  he 
said  to  Mr.  Pearson,  "These  are  the  three  stokers"  (meaning  us  and  William  Lodge) 
"that  I  have  got  for  you,  and* I  have  nothiug  to  do  with  any  besides  these  three  men. 
One  has  been  to  sea  before,  the  other  two  have  not.  They  are  respectable  men;  that 
is  the  reason  I  recommend  them.''  The  captain,  Mr.  Ramsay,  then  asked  us  what  wages 
we  wanted.  After  a  little  conversation  we  wanted  £7  a  month,  and  £5  was  all  that 
was  offered.  We  walked  away,  and  Mr.  Rumble,  who  had  been  talking  with  Mr.  Ram- 
say and  Mr.  Pearson,  came  and  said  that  Mr.  Pearson  would  give  £6  a  month,  and  h 
thought  that  was  very  good  pay.  We  agreed  to  that.  Mr.  Rumble  said  there  would 
be  other  privileges  and  ways  of  making  money  besides  our  good  pay.    We  then  asked 


BRITISH    CASE    AND    PAPERS.  757 

about  our  half-pay,  and  we  were  told  that  we  could  leave  half-pay  behind,  and  that 
the  ship  was  going  on  a  trial-trip  and  would  be  back  in  a  day  or  two.  We,  however, 
wanted  to  engage  at  once.  Mr.  Rumble  said  that  would  be  better  still.  We  asked 
what  clothes  would  be  required  on  board  the  ship,  and  was  told  that  a  change  was 
sufficient,  as  there  would  be  plenty  of  clothes  on  board.  We  went  in  to  the  captain 
and  received  £6  each.  Mr.  Rumble  said  that  they  were  to  give  Lodge  £7  10«.,  as  he 
belonged  to  them,  was  a  leading  stoker,  and  had  been  to  sea.  Mr.  Rumble  then  took 
our  direction  down,  and  said  we  might  rely  upon  him ;  he  would  see  our  half-pay  was 
settled.  We  then  went  down  into  the  forecastle  and  told  the  other  men  wbat  we  had 
received.  After  a  little  disturbance  there,  and  finding  that  the  rest  were  only  engaged 
for  fourteen  days,  we  refused  to  go,  and  gave  the  money  back,  and  got  on  shore  »as 
soon  as  possible.  Just  before  Mr.  Rumble's  examination  at  Sittingbourne,  Mr.  John 
Brampton,  an  engineer  in  the  dock-yard  steam-factory,  came  to  us  in  the  shop  and 
said  that  it  was  reported  that  we  had  been  engaged  by  Mr.  Rumble  to  work  on  board 
the  Rappahannock  ;  and  he  advised  us  to  write  a  letter  to  Mr.  Rumble  contradicting 
it,  or  we  should  very  likely  get  the  sack.  Mr.  Brampton  then  dictated  a  letter  in 
pencil  as  to  what  we  had  better  say.  Appearer  Shaw  wrote  the  note,  and  Appearer 
Hall  signed  it.  This  note  was  altogether  false  ;  but  we  were  afraid  that  we  should  be 
discharged  if  we  refused,  and  hints  were  thrown  out  how  the  boiler-makers  had  been 
served.  After  the  letters  were  sent  we  went  to  Mr.  Rumble's  house  with  George 
Thompson,  at  Mr.  Rumble's  request.  When  we  arrived  there  we  were  called  up  into 
the  parlor,  one  by  one.  Mr.  Rumble,  Mr.  Parks,  and  another  gentleman  were  present. 
Mr.  Rumble  asked  whether  we  had  written  the  letters  he  held  in  his  hand.  We  an- 
swered we  had.  He  then  said,  "  You  here  say  that  I  did  not  engage  you,  or  assisted 
to  engage  you  ;  the  captain  was  the  only  man  that  engaged  you.  This  you  assent 
in  the  presence  of  these  two  witnesses?"  Fearing  what  would  be  the  result  if  we 
denied  it,  we  each  answered  "  Yes,"  and  left  the  room.  Mr.  Rumble  afterward 
[663]  *  asked  us  down-stairs  to  take  some  ale,  which  we  did.  We  knew  that  Mr.  Rum- 
ble had  engaged  us,  and  that  we  should  stand  a  very  poor  chance  if  we  set  our- 
selves in  opposition  to  him,  so  did  as  he  wished  and  denied  it  in  the  letter.  A  man 
named  Henry  Pearson  Wilson,  but  that  he  went  by  the  name  of  Jackson,  at  Sheerness, 
representing  himself  as  a  detective,  met  us  at  Lodge's  house  on  the  3d  of  March  last, 
and  showed  us  a  letter  written  by  Lodge,  and  he  said  how  much  better  that  read  thau 
the  one  we  had  sent.  He  afterward  offered  to  write  one  for  each  of  us,  copied  from 
the  one  he  had  of  Lodge's,  and  that  he  would  see  us  the  next  night  about  it.  On  the 
next  night,  the  4th  of  March,  we  saw  him  again,  and  he  read  the  note  he  had  written, 
and  on  the  following  night,  the  5th  of  March,  he  brought  one  for  each  and  asked  us  to 
sign,  which  we  did  ;  and  as  he  was  a  detective  we  were  afraid  that  if  we  did  not  com- 
ply it  would  be  all  the  worse  for  us. 

(Signed)  EDWIN  SHAW. 

WILLIAM  HALL. 

Sworn  by  both  of  the  deponents  at  my  office,  No.  37  Nicholas  Lane,  in  the  city  of 
London,  this  the  22d  day  of  April,  1864,  before  me. 

(Signed)  JOHN  CASTLE  GRANT, 

A  London  Commissioner  to  administer  Oaths  in  Chancery. 


No.  31. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  May  7,  1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  4th  instant,  inclosing  copies  of  three  more  depositions  relative  to 
the  part  taken  by  Mr.  Rumble  in  providing  men  for  the  steamer  Rappa- 
hannock. These  depositions,  as  well  as  those  inclosed  in  the  letter 
which  you  did  me  the  honor  to  address  to  me  on  the  16th  ultimo,  have 
been  referred,  without  loss  of  time,  to  the  proper  department  of  Her 
Majesty's  government. 

I  am,  &c, 

(Signed)  RUSSELL. 


758  TREATY    OF   WASHINGTON. 

]$o.  32. 

Mr.  Adams  to  Earl  Russell. 

Legation  of  the  United  States, 
London,  May  23,  18G4.     (Eeceived  May  24.) 
My  Lord  :  I  have  the  honor  to  submit  to  your  consideration  a  num- 
ber of  additional  depositions,  all  going  to  show  the  continuance  of  the 
practice  of  enlistments  of  British  subjects  by  the  insurgents  of  the 
United  States  and  their  agents  within  this  kingdom. 
I  have,  &c, 
(Signed)  CHAELES  FEANCIS  ADAMS. 


[Inclosure  1  in  No.  32.) 

Deposition  of  Maurice  Bveen. 

I,  Maurice  Breen,  of  William's  Place,  William  street,  Liverpool,  fireman,  make  oath 
and  say  as  follows  :  I  am  a  British  subject.  On  Saturday  last,  May  14,  I  was  at  home, 
and  a  fireman,  named  John  Fleming,  came  to  me  and  told  me  that  he  had  made  an 
agreement  with  Mr.  Campbell  to  go  a  voyage,  and  that  he  had  mentioned  me  to  Mr. 
Campbell  as  likely  to  go  ;  accordingly  I  went  with  him  to  Mr.  Campbell's  house,  No. 
28  Regent  street ;  Mr.  Campbell  has  a  clothing-shop  there.  It  is  a  kind  of  private  shop 
in  an  inner  room.  There  Mr.  Campbell  asked  me  if  I  knew  the  agreement ;  I  said  no, 
but  I  will  know.  He  then  told  me  that  I  was  to  get  £7  per  month  and  £10  in  hand, 
and  half  pay  to  be  left  behind,  that  is,  paid  here.  Out  of  the  £10  in  hand  he  was  to 
deduct  £2  for  himself,  he  to  pay  all  expenses  of  traveling.  I  agreed  to  go  on  these 
terms,  but  did  not  sign  any  agreement.  That  night  I  tooK  my  bag  to  his  house 
[664]  to  be  *forwarded,  and  the  next  morning  we  went  by  appointment  to  the  Lime- 
street  railway-station,  where  we  met  Mr.  Campbell,  and  went  with  him  in  a 
third-class  carriage  of  the  half-past  9"train.  I  believe  nineteen  tickets  were  taken,  and 
there  were  about  as  many  men.  We  arrived  in  London  about  6  or  7  in  the  evening  ; 
we  went  into  a  public-house  near  Euston  Square,  and  Campbell  gave  us  a  drink  all 
around  ;  we  then  got  into  a  van  in  which  our  luggage  was.  While  we  were  in  the  van 
a  man  who  seemed  to  be  second  in  command,  who  was  a  carpenter,  passed  the  word  to 
us  that  we  were  to  call  Campbell  Captain  Thompson  from  that  time  forth.  We  were 
driven  to  a  hotel  on  the  opposite  of  London  Bridge,  near  the  railway-station,  and  slept 
there.  Next  morning  (Monday)  we  had  breakfasted  there,  and  took  the  train  for 
Dover,  and  arrived  there  about  noon.  The  carpenter  took  us  into  a  hotel,  but  Camp- 
bell took  us  away  from  that  hotel  into  another.  He -paid  for  all  the  drink  we  had 
there,  and  dinner  and  supper.  In  the  evening  we  were  grumbling  at  not  having 
enough  to  drink,  and  we  went  to  the  first  hotel,  from  which  we  had  been  taken  away 
by  Campbell,  and  had  more  drink.  The  carpenter  ordered  the  drink  for  us,  and  Camp- 
bell paid  for  it,  lis.  At  night,  about  half  past  10,  wre  left  by  the  mail-steamer  for 
Calais,  which  we  reached  very  early  in  the  morning.  We  all  went  into  the  hotel 
there,  and  had  something  to  eat  and  a  drink  apiece,  and  slept  there  for  the  rest  of  the 
night,  and  had  breakfast  there  ;  we  were  then  taken  to  a  ship,  which  I  believe  to  be 
the  Rappahannock.  I  think  the  name  was  Rappahannock,  because  when  we  were  at 
Dover  the  people  asked  us  if  we  were  going  on  board  the  Rappahannock,  and  at  Calais 
the  people  asked  us  the  same  question.  It  wras  a  steamship  with  two  funnels,  rigged 
like  a  ship.  Before  I  left  Liverpool  I  knew  that  I  was  wanted  for  a  southern  priva- 
teer. Campbell  told  me  that  I  was  wanted  for  a  southern  privateer,  but  he  would  not 
tell  me  the  name  of  the  ship.  When  we  got  to  the  ship,  Campbell  went  aboard,  and 
the  carpenter  and  some  others.  Campbell  then  came  back  to  us,  and  said  that  they 
wanted  no  firemen,  but  any  deck  hands  or  sailors  who  chose  to  stay  would  be  em- 
ployed. I  did  not  choose  to  go  as  a  deck  hand,  nor  did  any  of  the  firemen.  We 
knocked  about  there  for  several  hours.  Campbell  told  us  to  g©  to  a  public  house  for 
our  dinner  and  tea,  and  we  went  there  in  the  evening.  Campbell  went  with  us  to  the 
French  custom-house,  where  we  got  our  luggage,  and  he  put  us  on  board  a  London 
steamboat  and  paid  our  passage,  and  came  with  us.  We  arrived  in  London  on  Wed- 
nesday morning;  we  took  the  train  for  Liverpool  about  half  (?)  11.  There  were 
eleven  of  us  returning.  In  the  train  I  asked  Campbell  if  we  were  going  to  get  any- 
thing for  our  lost  time.  He  said  he  could  not  do  anything  for  us,  as  he  should  be 
a  greater  loser  than  any  of  us.  I  said  it  made  no  matter  who  was  a  loser,  and  would 
get  my  wTages.  He  said  he  could  not  do  anything.  He  was  nearly  a  ruined  man  by  the 
expedition.    I  asked  him  who  had  paid  our  expenses  to  France  and  back  again.     He 


BRITISH    CASE    AND    PAPERS.  759 

said  he  had  paid  it  out  of  his  own  pocket,  hut  he  was  repaid  by  the  officers  of  the  ship 
for  all  expenses  of  the  men  who  staid  on  board.  He  said  he  was  clear  as  to  them, 
but  he  was  loser  as  to  all  who  had  returned.  I  asked  him  why  he  had  not  brought  us 
before  the  officer,  and  left  us  to  speak  for  ourselves  and  ask  for  payment,  and  I  said  he 
was  the  man  who  had  brought  us,  and  he  must  pay  us.  We  reached  Liverpool,  and 
he  gave  us  a  drink,  and  gave  me  a  five-franc  piece  to  pay  for  a  donkey  to  carry  our 
baggage,  and  we  left  him.  Next  day  (Thursday)  I  called  to  see  him  twice,  and  found 
him  in  the  second  time.  I  asked  him  again  to  pay  us  for  our  lost  time.  He  said  he 
had  met  the  rest  of  us  in.  Chapel  street,  and  that  they  were  to  meet  at  half  past  4  at 
Jones's  office.  I  went  to  Jones's  office  at  that  time,  and  we  all  met  there,  and  Campbell 
called  me  and  another  man  into  the  office ;  there  was  a  young  clerk  there,  about  sixteen  or 
seventeen.  Campbell  said  to  him,  "  These  are  the  men  that  have  been  sent  to  the 
Rappahannock,  and  they  have  come  back  and  want  to  get  something  for  their  lost 
time."  The  clerk  said,  "  I  know  nothing  at  all  about  it."  I  then  left  the  office,  and 
Campbell  came  after  me  and  told  me  he  had  seen  J.  W.  Carr,  the  attorney,  in  Castle 
street,  and  mentioned  this  affair  to  him,  and  Mr.  Carr  said  he  could  not  attend  to  it 
till  Saturday  next,  but  would  attend  to  it  then ;  and  Campbell  wanted  us  all  to  go 
with  him  to  Mr.  Carr,  and  see  what  could  be  done  to  take  proceedings  against  the  ship 
for  our  lojt  time.  I  told  him  to  look  out  for  himself  for  his  payment,  and  that  I  should 
look  to  him  for  mine.    I  have  not  seen  him  since. 

(Signed)  MAURICE  BREEN. 

Sworn  at  Liverpool,  this  20th  day  of  May,  1864,  before  me, 

(Signed)  ISHAM  A.  ESELL, 

A  Commissioner  to  administer  Oaths  in  Chancery  in  England. 


[665]  *fInclosure  2  in  3Sro.  32.] 

Deposition  of  John  Fleming. 

John  Fleming,  of  No.  3  Court,  Lightbody  street,  Liverpool,  in  the  county  of  Lan- 
caster : 

On  Thursday,  the  12th  day  of  May,  instant  I  heard  that  Mr.  A.  Campbell,  of  Regent 
street,  Liverpool,  aforesaid,"  boarding-house  keeper,  was  in  want  of  men  to  join  a 
steamer  which  was  lying  at  Calais,  in  France,  and  I  called  at  his  house  to  see  him 
about  it,  when  he  told  me  that  there  was  a  good  chance  for  me  to  join  a-steamer  lying 
in  France,  and  that  I  should  receive  £7  a  month  as  fireman,  and  that  I  would  be  paid 
£10  on  signing  articles.  I  agreed  to  go,  and  Mr.  Campbell  told  me  that  he  did  not 
know  what  day  I  should  be  required  to  join;  and  on  the  following  Saturday  I  called 
upon  him,  when  he  directed  me  to  bring  my  bag  to  his  house  the  following  night.  I 
brought  my  bag  on  the  Saturday  night,  as  directed,  when  he  said  that  he  was  short  of 
hands,  when  I  told  him  that  I  would  bring  my  brother-in-law  down  to  see  him,  and  he 
directed  me  to  call  the  following  Sunday  morning.  I  told  Barnard  Cassidy  and 
Maurice  Breen,  my  brother-in-law,  of  this,  and  they  saw  Mr.  Campbell  and  agreed  to 
go  with  me.  Campbell  then  took  me  and  the  others,  on  the  Sunday  morning,  to  the 
Lime  street  railway  station,  and  paid  our  fares  to  London,  he  coming  along  with  us. 
We  arrived  at  London  on  Sunday  night,  and  Campbell  took  us  to  a  hotel  and  paid  for 
our  lodgings  for  the  night.  On  the  following  Monday  morning  he  took  us  to  a  railway- 
station  and  booked  us  for  Dover,  and  we  left  Dover  about  10  the  same  night  for  Calais, 
and  arrived  tjiere  about  3  in  the  morning.  When  we  arrived  at  Calais  we  were  taken 
to  the  De  Victoria  Hotel,  where  we  slept  the  night.  Early  in  the  morning,  after  break- 
fast, Campbell  took  us  on  the  shore  to  look  at  the  Rappahannock,  when  Campbell 
went  on  board  her;  and  some  time  afterward  he  came  ashore  again  and  told  us  that 
we  should  not  be  required,  and  asked  us  what  we  required,  when  we  told  him  that  we 
should  require  our  passage  paid  home  again  and  something  for  lost  time.  He  then  took 
us  on  board  a  steamer  and  brought  us  to  London.  When  we  arrived  at  London  he 
took  us  to  the  railway  station  and  booked  us  for  Liverpool,  having  first  given  us  a 
supply  of  provisions  and  drink.  We  arrived  in  Liverpool  on  the  18th  of  May  instant, 
and  we  asked  Mr.  Campbell  to  pay  us  for  our  lost  time,  when  he  said  that  we  must 
meet  him  at  Jones  &  Co.'s  office,  Chapel  street,  in  Liverpool  aforesaid,  on  Thursday,  at 
4  o'clock,  when  he  would  see  what  he  would  allow  us.  I  went  to  Jones',s  office,  and  in 
the  doorway  I  met  Mr.  Campbell  going  into  the  office,  and  waited  outside  for  him  ;  and 
when  he  came  out  he  told  me  that  he  was  sorry  he  could  not  get  any  money  for  me ; 
that  it  was  a  great  loss  to  him ;  when  I  told  him  that  he  had  engaged  me,  and  I  Avould 
look  to  him  for  my  money. 

I  signed  a  paper,  which  Mr.  Campbell  handed  to  me  previous  to  going  with  him  to 
London,  entitling  him  to  £2  if  I  was  engaged  on  the  Rappahannock. 

(Signed)  JOHN  FLEMING. 

Sworn  at  Liverpool  aforesaid  this  20th  day  of  May,  1864,  before  me, 

(Signed)  ISHAM  H.  ESELL, 

A  Commissioner  to  administer  Oaths  in  Chancery  in  England. 


760  TREATY    OF    WASHINGTON. 

flnclosure  3  in  No.  32,.] 
Deposition  of  Bernard  Cassidy. 

Bernard  Cassidy,  of  3  Court,  Lightbody  street,  Liverpool,  in  the  county  of  Lancas- 
ter, makes  oath  and  says  as  follows: 

On  Saturday,  the  15th  day  of  May,  instant,  I  heard  from  John  Fleming  that  he  had 
been  engaged  by  Mr.  Campbell,  of  Regent  street,  Liverpool,  to  join  a  steamer  lying  in 
France  at  £7  a  month,  and  I  accompanied  him  to  the  railway-station  to  see  him  oif. 
Wben  I  saw  Mr.  Campbell  I  told  him  that  if  he  was  short  of  hands  I  would  go,  when 
he  said  "All  right,  yon  can  go  on  the  same  terms  as  the  other  men,"  which  I  agreed 
to;  and  I  signed  a  paper  which  was  handed  me  by  Mr.  Campbell,  entitling  him  to  £2 
if  I  was  engaged  on  the  steamer.  We  left  Liverpool  the  same  night  for  London, 
Campbell  paying  our  fares  there,  and  on  our  arrival  we  were  taken  to  arailway  station 
and-  booked  to  Dover,  and  from  there  to  Calais.  On  our  arrival  at  Calais  we  were 
taken  to  a  hotel,  and,  after  a  few  hours'  sleep,  Campbell  invited  us  to  go  and 
[666]  look  at  the  ship.  He  went  *on  board  the  Rappahannock,  and  some  time  after- 
ward he  returned  and  informed  me  that  he  was  sorry  that  we  were  not  wanted, 
but  that  he  would  pay  our  passages  home.  He  then  took  us  to  another  hotel,  and  after 
we  had  dinner  he  took  us  on  board  a  steamer  and  paid  our  fares  to  London.  When  we 
arrived  in  London  Campbell  took  us  to  a  public-house,  where  we  had  some  refresh- 
ments, and  were  afterward  taken  in  cars  to  the  Euston  Square  railway  station,  and 
Campbell  paid  our  fares  to  Liverpool,  where  we  arrived  on  the  18th  instant.  When 
we  arrived  at  Liverpool  we  asked  Campbell  to  pay  us  for  our  lost  time,  when  he  di- 
rected us  to  call  at  Jones  &  Co.'s  office,  Chapel  street,  Liverpool,  when  he  would  see 
what  he  could  get  for  us.  I  did  not  call  at  Jones  &  Co.'s  office  as  directed.  One  of 
the  men,  whose  name,  I  believe,  is  Connor,  who  came  with  us,  informed  me  that  him- 
self and  several  others  who  had  gone  with  us  had  been  recently  paid  off  from  the  Con- 
federate steamer  Georgia,  and  that  his  pay  would  run  until  he  joined  the  Rappa- 
hannock. 

his 
•  (Signed)  BERNARD  -f  CASSIDY. 

mark. 

Sworn  at  Liverpool,  in  the  county  of  Lancaster,  this  20th  day  of  May,  1864,  this  affi- 
davit having  been  previously  read  over  to  him,  and  he  appearing  perfectly  to  under- 
stand the  same,  and  made  his  mark  thereto  in  my  presence. 

(Signed)  ISHAM  H.  ESELL. 

A  Commissioner  to  administer  Oaths  in  Chaneery  in  England. 


[Inclosure  4  in  No.  32]. 
Deposition  of  W.  Bawlinson* 

I,  William  Rawlinson,  of  91  New  Edgar  street,  Liverpool,  in  the  county  of  Lancaster, 
fireman,  make  oath,  and  say  as  follows:  I  am  a  British  subject.  On  Thursday,  the 
12th  May  instant,  I  was  at  the  Birkenhead  docks  landing,  talking  to  Patrick  Bradley, 
a  friend  of  mine  who  was  working  on  board  the»Georgia,  when  he  told  me  to  speak  to 
Mr.  A.  Campbell,  of  28  Regent  street,  Liverpool,  boarding-housekeeper,  as  he  thought 
he  wanted  hands  to  join  a  steamer.  I  went  to  Mr.  Campbell  and  asked  him  if  he 
wanted  i  hands,  when  he  said  he  did,  and  directed  me  to  see  Bradley  again,  and  he 
would  tell  me  more  about  it.  I  saw  Bradley  the  following  Saturday,  when  he  told  me 
to  be  at  Walker's  public-house,  Regent  street,  at  half  past  8  the  same  night,  with  my 
clothes.  I  went  to  Walker's  public-house  as  directed,  when  Bradley  came,  in  with 
several  other  men,  and  Bradley  took  us  all  down  to  Campbell's  house.  Campbell  then 
took  down  our  names  and  told  us  to  be  at  the  Lime  street  railway-station  at  7  o'clock 
the  following  Sunday  morning.  I  then  asked  Campbell  what  the  wages  would  be, 
when  he  said  I  shouid  get  £6  a  month  and  £10  bounty,  and  that  I  would  have  to  pay 
him  £2  out  of  the  bounty  money,  and  I  signed  a  paper  to  that  effect.  We  all  left  our 
clothes  at  Campbell's  house.  I  went  to  the  railway  station  at  7  o'clock  the  following 
Sunday  morning,  and  saw  Campbell  and  the  other  men  there.  Campbell  paid  my  fare 
to  London,  where  we  arrived  about  9  the  same  night,  and  we  were  taken  to  a  public 
house  and  staid  the  night.  The  next  morning  we  were  taken  to  a  railway  station 
and  booked  for  Dover,  arriving  there  about  noon.  At  Dover  we  were  taken  on  board 
the  mail  steamer,  and  our  fares  were  paid  by  Campbell  to  Calais.  We  arrived  at  Calais 
about  midnight,  and  we  were  taken  to  a  public  house  and  slept  the  night.  Early  in 
the  morningtl  went  alone  to  the  shore  to  look  for  the  steamer,  and  discovered  that  she 


BRITISH    CASE    AND    PAPERS.  761 

was  the  confederate  steamer  Rappahannock,  and  went  on  board  of  her.  I  saw  a  friend 
of  mine  on  board,  who  asked  me  if  I  was  going  in  her.  I  said  I  was,  and  asked  him 
where  she  was  going.  He  said  she  was  a  confederate.  I  then  came  ashore  and  went 
back  to  the  hotel  and  had  breakfast,  and  Campbell  took  us  all  down  to  the  ship. 
Campbell  went  on  board  her  with  several  of  the  men,  and  I  was  afterward  called  on 
board  by  the  carpenter,  who  took  me  to  the  lieutenant,  who  asked  me  what  ships  I  had 
been  in.  I  told  him,  and  he  said,  "All  right."  I  then  went  ashore,  and  in  a  short  time 
afterward  Campbell  came  ashore  and  said  to  us  that  it  was  a  hard  job;  that,  after 
bringing  us  there,  they  did  not  want  anymore  men  of  our  trade.  While  Campbell  was 
telling  us  this  the  lieutenant  called  me  on  board  again  and  asked  me  if  I  would  sign 
articles  to  serve  as  a  deck  hand  at  £3  12s.  a  month,  and  £10  when  we  got  in  blue 
water;  but  when  I  found  out  the  service  she  was  in  I  declined  to  go  and  came  ashore 
again,  and  Campbell  came  up  to  me  and  said  there  was  no  chance  for  me  unless  I  went 
as  a  deck  hand.     I  told  him  I  would  not,  and  I  intended  to  go  home  again.     I  then 

asked  Campbell  for  money  to  pay  my  fare  back  again,  when  he  said  he  did  not 
[667]  think  he  had  *enough  for  us  all;  but  I  insisted  upon  his  getting  the  money,  and 

we  were  taken  to  another  hotel,  and,  after  having  refreshments,  Campbell  paid 
our  fares  to  London,  he  coming  with  us.  When  we  arrived  in  London  we  went  to  a 
public  house,  and  afterward  to  the  railway  station,  and  Campbell  paid  our  fares  to 
Liverpool,  where  we  arrived  on  Wednesday  last.  On  our  arrival  I  asked  Campbell 
who  was  to  pay  me  for  my  lost  time,  when  he  said  he  would  see  about  it,  as  it  was  a 
bad  job  for  him,  but  directed  us  to  meet  him  at  Jones's  office,  Chapel  street,  Liverpool, 
the  next  day,  (Thursday.)  We  all  went  to  Jones's  office  and  waited  outside,  when 
Campbell  came  out  and  said  there  was  no  one  in,  and  that  he  was  not  quite  sure 
whether  Jones  or  Fraser  &  Co;  were  agents  for  the  ship,  and  that  if  I  met  him  on  the 
following  Saturday  morning  he  would  see  what  he  could  get  for  me.  I  declined  to 
meet  him  again,  and  told  him  that  he  had  engaged  me  and  I  looked  to  him  for  the 
money,  and  if  he  did  not  pay  me  I  would  make  him.  On  our  way  from  London  to 
Liverpool  Campbell  told  me  that  this  had  been  a  very  bad  job  for  him ;  that  he  had 
made  well  out  of  the  Alabama  and  Georgia,  but  this  one  was  the  worst  he  had  had. 

(Signed)  W.  RAWLINSON. 

Sworn  at  Liverpool  aforesaid,  this  21st  day  of  May,  1864,  before  me, 

(Signed)  JAMES  THORNELY, 

A  Commissioner  to  administer  Oaths  in  Chancery  in  England. 


[Inclosure  5  in  ~No.  32.  J 

Deposition  of  John  Davies. 

I,  John  Davies,  of  No.  5  Prince's  Walk,  Great  Howard  street,  Liverpool,  fireman, 
make  oath  and  say  :  On  Thursday,  the  12th  day  of  May,  a  man  named  Conner  called 
at  my  lodgings  and  asked  me  if  I  wanted  a  job.  I  said  "Yes;  do  you  know  where  I 
can  get  one?"  He  said,  "Yes;  go  down  to  Campbell,  in  Regent  street."  The  next 
morning  I  called  at  Campbell's  house  and  asked  him  if  he  could  give  me  a  job.  He  said 
he  could,  and  directed  me  to  bring  my  clothes  down  to  his  house  the  following  Satur- 
day night.  I  brought  my  clothes  as  directed,  when  Campbell  told  me  to  be  at  the  Lime 
street  station  between  7  and  8  the  next  morning.  I  asked  him  what  terms  I  was 
going  on,  when  he  said  £6  a  month  and  £10  bounty,  and  I  was  to  pay  him  £2  out  of 
my  bounty-money.  I  brought  my  clothes  down  to  the  station  the  following  Sunday 
morning,  and  saw  Campbell  with  other  men  there.  Campbell  paid  our  fares  to  Lon- 
don. When  we-arrived  he  took  us  to  a  public  house,  where  we  staid  the  night,  and  on 
the  following  morning  we  were  taken  to  a  railway  station  and  booked  for  Dover,  and 
from  there  to  Calais.  When  we  arrived  at  Calais  Campbell  took  us  to  a  public  house 
and  we  staid  there  all  night.  On  the  Tuesday  morning  Campbell  took  us  down  to 
the  beach,  where  the  confederate  steamer  Rappahannock  was  lying,  and  he  went  on 
board  her,  leaving  myself  and  another  on  the  beach.  In  a  short  time  Campbell  came 
ashore  again  and  said  to  us,  "This  is  a  nice  job;  after  bringing  you  men  here  you  are 
not  wanted  ;  all  the  places  are  filled."  He  took  us  all  back  to  a  hptel  and  paid  for  a  drink 
for  us,  and  Campbell  told  us  we  should  have  to  wait  with  him,  as  he  would  have  to 
send  home  for  money.  We  waited  at  the  hotel  until  night,  when  Campbell  took  us  on 
board  the  mail-steamer  and  paid  our  fares  to  London.  When  we  arrived  in  London 
Campbell  took  us  in  cars  to  the  railway  station  and  left  our  luggage  there,  and  after 
having  some  refreshments  Campbell  paid  our  fares  to  Liverpool.  On  our  arrival  we 
asked  Campbell  who  was  to  pay  us  for  our  lost  time,  wheu  he  said  he  would  see  about 
that.  Campbell  engaged  a  cart  for  our  luggage  and  gave  us  some  drink,  and  we  told 
him  we  would  see  him  in  the  morning.  We  called  at  his  house  the  next  day,  but  he 
was  out,  and  we  went  to  Jones's  office,  Chapel  street,  and  after  waiting  there  some  time 


762  TREATY    OF   WASHINGTON. 

Campbell  told  us  that  he  had  not  got  any  money  for  us  yet,  and  asked  us  to  meet  him 
on  Saturday,  which  we  declined  doing. 

his 
(Signed)  JOHN  +  DAVIES. 

mark. 

Sworn  at  Liverpool,  in  the  county  of  Lancaster,  this  21st  day  of  May,  1864  ;  this  affi- 
davit having  been  previously  read  over  to  the  deponent,  and  he  appeared  perfectly  to 
understand  the  same  and  made  his  mark  thereto  in  my  presence. 

(Signed)  JAMES  THORNELY, 

A  Commissioner  to  administer  Oaths  in  Chancery  in  England. 


[668]  *[Inclosure  6  in  No.  32.1 

Deposition  of  Matthew  McMullan. 

I,  Matthew  McMullan,  of  Stone  street,  Liverpool,  in  the  county  of  Lancaster,  fire- 
man, make  oath  and  say  as  follows :  Last  Thursday  week,  the  12th  of  May  instant,  I 
met  a  person  named  Lyon  as  I  was  in  a  public  house  in  Prussia  street,  in  Liverpool 
aforesaid.  He  said  he  would  get  me  a  job,  and  that  he  was  going  to  join  a  boat  in 
France.  I  asked  him  what  the  wages  would  be.  He  said  his  wages  would  be  £7  per 
month ;  but  he  did  not  know  what  mine  would  be.  We  then  went  together  to  No.  28 
Regent  street,  being  a  house  kept  by  Campbell  as  a  boarding-house.  I  had  a  card 
given  me  with  his  address.  There  were  several  other  persons  there.  We  sat  down 
and  had  some  beer  together,  and  a  person  I  know  since  to  be  Campbell  asked  how 
many  could  we  muster  now,  and  if  I  had  a  bag.  I  said  not  then.  Campbell  thought 
I  was  going  to  remain  there  for  the  night,  but  I  did  not.  On  Saturday  evening  fol- 
lowing I,  with  others,  went  to  Campbell's  house.  I  saw  him ;  he  said  he  had  made  it 
all  right,  and  I,  with  the  others,  were  to  be  at  his  house  Sunday  morning  at  8  o'clock. 
I  and  John  Davies  went  there  accordingly,  and  saw  Campbell  and  several  others.  I 
went'  in,  and  a  person  I  took  to  be  Mrs.  Campbell  asked  me  to  write  my  name.  I  did 
not  do  so,  but  took  the  pen  in  my  hand.  It  was  there  arranged  by  Campbell  I  should 
go  with  the  others  to  Lime  street  station  and  meet  him  there  at  half  past  8  o'clock.  I 
did  so,  and  our  fares  were  paid  for  London.  We  stopped  that  day  in  London  and  took 
the  train  next  morning  for  Dover,  our  tickets  being  given  us  as  before,  and  arrived 
there  about  half  past  10  o'clock  in  the  evening. 

Campbell  accompanied  us  to  Dover  and  went  to  Calais  with  us,  and  appeared  to 
take  an  active  part  in  the  arrangements.  We  went  on  to  Calais  the  same  evening  and 
arrived  there  about  midnight,  and  went  to  a  hotel  and  stopped  there  for  the  night. 
After  taking  breakfast  I  saw  Campbell  outside  the  hotel  door,  and  he  said,  "  Have  all 
hands  gbt  their  breakfast  no w  ?  "  Some  one  said  "Yes."  He  said  there  were  four  of 
us  to  get  breakfast  first.  I  went  soon  after  this,  with  others,  to  the  ship,  which  I  have 
since  heard  was  the  Rappahannock.  I  was  looking  on  when  Campbell  by  this  time 
came  up  and  went  on  board.  I  saw  him  talk  to  a  person  on  board,  apparently  an 
officer,  and  he  afterward  came  on  shore  and  said  to  us,  "  This  is  a  fine  job;  after  I 
have  fetched  you  here  there  are  no  firemen  wanted."  Campbell  then  said  he  would  see 
the  captain  and  see  about  getting  the  money  for  the  fares  back  from  him.  Campbell 
took  us  back  to  the  hotel  and  ordered  dinner  for  us,  and  then  went  to  get  our  bags  out 
of  the  custom-house,  and  took  the  bags  of  the  men  that  went  into  the  ship  to  the  ship, 
giving  the  other  bags  back  to  those  who  did  not  go.  I  and  the  others  who  were  not 
wanted  began  to  talk  of  how  to  get  home.  The  mistress  of  the  house  where  we  staid 
said  we  could  get  a  boat  about  half  past  10  o'clock  for  London.  Campbell  paid  our 
fares  and  we  returned.  We  then  wanted  to  stop  in  London,  and  asked  him  if  he  could 
make  any  arrangement  with  us,  and  we  offered  to  take  £1  10s.  each  ;  but  he  would  not 
give  it  to  us,  only  the  fare  from  London  to  Liverpool,  which  we  would  not  take. 
Campbell  then  finding  no  arrangement  could  be  made  with  us,  returned  with  us  to 
Liverpool,  paying  our  fares  and  giving  us  refreshment  by  the  way.  On  arriving  in 
Liverpool  Campbell  got  all  the  bags  in  a  cart,  giving  to  Maurice  O'Brien  to  pay  the 
carter  a  five-franc  piece  and  two  shillings  as  a  treat.  The  next  day  I  met  Campbell  in 
Regent  street,  who  treated  me  with  the  eight  others  to  some  drink. 

(Signed)  MATTHEW  McMULLAN. 

Sworn  at  Liverpool  aforesaid,  this  21st  day  of  May,  1864,  before  me, 

(Signed)  JAMES  THORNELY, 

A  Commissioner  to  administer  Oaths  in  Chanc&ry  in  England, 


BEITISH    CASE    AND    PAPERS.  763 

[  Enclosure  7  in  No.  32.] 
Depositions  of  John  McClusky  and  Patrick  Bradley. 

We,  John  McClusky,  boarding  at  No.  1  Blackstone  street,  Liverpool,  and  Patrick 
Bradley,  boarding  at  No.  33  Standish  street,  Liverpool,  firemen,  make  oath  and  say : 

We  are  both  British  subjects.  On  last  Monday  week  we  were  on  the  Cheshire  side 
of  the  water,  standing  beside  the  Georgia,  looking  out  for  a  job,  when  a  man  asked  us 
if  we  would  like  a  job,  and  gave  us  a  card  bearing  Mr.  Campbell's  name  and 
[669]  address,  and  *told  us  to  apply  there.  We  have  since  seen  this  man  at  Mr.  Camp- 
bell's. .  That  night  we  went  to  Mr.  Campbell's,  No.  28  Regent  street,  Liverpool. 
He  asked  us  what  we  wanted  of  him.  We  said  we  understood  that  he  had  an  order- 
for  some  firemen.  He  told  us  to  call  again  on  Wednesday.  We  called  then,  but  he 
was  at  the  theater.  We  had  a  job  on  the  Georgia  cleaning  her  up,  and  we  did  not  go  to 
Mr.  Campbell's  on  Thursday  night.  He  came  to  the  Georgia  on  Friday  and  said  he 
had  been  expecting  us  the  night  before.  We  said  we  would  go  that  night  to  see  him.  We 
went  accordingly,  and  he  agreed  with  us  to  give  us  £10  down  and  £6  a  month.  Out  of 
the  £10  we  were  to  give  him  £2  for  his  bother.  He  told  us  to  leave  our  bags  at  his 
house  on  Saturday  night.  We  did  so,  and  went  to  lijs  house  by  appointment  at  8 
o'clock  on  Sunday  morning.  He  took  down  our  names  and  we  went  to  the  railway 
station  and  started  with  him  for  London  by  the  half  past  9  o'clock  train.  We  arrived 
in  London  in  the  evening  and  slept  there  that  night.  He  gave  us  refreshments  and 
drink  on  the  way,  and  we  had  every  accommodation.  We  went  to  the  station  beside  the 
bridge  to  go  to  Dover  the  next  morning,  (Monday,)  and  arrived  there  about  the  middle 
of  the  day.  We  had  a  kind  of  a  notion  of  where  we  were  going.  We  took  the  packet 
that  evening  to  Calais  and  arrived  there  early  on  Tuesday  morning.  We  staid  at  a 
hotel  there  the  rest  of  the  night.  About  ten  o'clock  or  so  we  went  down  to  one  of 'the 
quays  and  saw  a  ship  with  the  confederate  flag  flying.  It  was  a  steamer.  Campbell 
and  a  man  who  was  a  carpenter  (who  said  he  had.  been  out  in  the  Georgia,  and  who 
seemed  to  know  all  about  it)  went  on  board.  The  carpenter  had  come  with,  us  from 
Liverpool.  We  heard  some  people  on  the  quay  speaking  of  the  ship  as  the  Rappahan- 
nock. We  all  knew  at  Dover  where  we  were  going,  and  the  people  at  Dover  knew  it. 
The  boarding-house  keeper  at  Dover,  where  we  had  our  dinner,  said  others  had  been 
before  on  the  same  errand.  Campbell  came  back  and  said  that  there  were  no  places  for 
firemen,  and  began  to  lament  his  case,  and  said  what  expenses  there  had  been,  and  this 
and  that.  We  went  away  then  to  the  Dover  Castle  Inn,  and  started  next  night  with 
Campbell  for  London  by  the  steamer.  The  carpenter  and  one  of  our  chaps,  a  trimmer, 
(an  Englishman,  I  think,)  staid  on  board  the  Rappahannock.  We  came  to  London 
and  came  back  to  Liverpool.  Campbell  paid  all  the  expenses.  When  we  came  to 
London  we  asked  him  to  give  us  something  for  our  lost  time,  and  said  if  he  would  do 
so  we  would  stay  there.  He  offered  us  our  train-money  to  Liverj>ool,  but  said  he 
could  not  give  more,  because  this  expedition  had  ruined  him.  The  carpenter  told  us 
at  Calais  to  go  to  Jones's  office,  28  Chapel  street,  Liverpool,  and  state  our  case,  and  get 
something  for  our  lost  time,  if  we  could.  We  went  with  some  others,  but  did  not  see 
any  one  but  a  clerk,  but  Mr.  Jones  was  out.    We  know  nothing  more. 

(Signed)  JOHN  McCLUSKY. 

P.  BRADLEY. 

Sworn  on  the  21st  day  of  May,  1864,  before  me, 

(Signed)  JAMES  THORNELY, 

A  Commissioner  to  administer  Oaths  in  Chancery,  in  England. 


[Inclosure  8  in  No.  32.] 
Deposition  of  William  Bawlinson. 

I,  William  Rawlinson,  of  91  New  Edgar  street,  Liverpool,  in  the  county  of  Lancas- 
ter, fireman,  make  oath  and  say  as  follows : 

During  the  time  I  was  at  Mr.  Campbell's  house  engaging  to  go  in  the  steamer  Rap- 
pahannock, referred  to  in  my  affidavit  of  the  21st  instant,  I  saw  a  man  there  whose 
name,  I  believe,  is  Robert  Neal.  Neal  is  a  ship-carpenter  by  trade,  and  he  accompanied 
me  and  others  to  Calais  to  join  the  steamer,  his  expenses  being  also  paid  by  Campbell. 
Neal  told  me  at  Calais 'that  Campbell  had  got  him  the  job,  and  that  he  had  signed 
articles  to  serve  as  carpenter's-mate  at  the  rate  of  £  14  a  month.  There  were  several 
other  men  who  had  gone  with  us  to  Calais,  but  whose  names  Ido  not  know,  engaged 
to  serve  on  board  the  steamer,  and  we  left  them  and  Neal  on  board  of  her. 

(Signed)  W.  RAWLINSON. 

Sworn  at  Liverpool  aforesaid,  this  23d  day  of  May,  1864,  before  me, 

(Signed)  JOHN  YATES, 

A  Commissioner  to  administer  Oaths  in  Chancery  in  England. 


764  TREATY    OF   WASHINGTON. 

[670]  *  [Tnclosure  9  in  No.  32.J 

Deposition  of  Maurice  Breen. 

I 

I,  Maurice  Breen,  of  William's  Place,  William  street,  Liverpool,  in  the  county  of 
Lancaster,  fireman,  make  oath  and  say  as  follows : 

On  Saturday,  the  14th  May,  instant,  wnen  I  was  at  Mr.  Campbell's  house  agreeing 
with  him  to  join*  the  steamer  referred  to  in  my  affidavit  of  the  21st  instant,  I  saw 
Robert  Neal,  a  ship's-carpenter,  there ;  I  again  saw  Neal,  tbe  following  Sunday  morn- 
ing, in  Campbell's  house,  and  I  afterward  saw  him  at  the  railway  station.  Neal  came 
with  the  other  men  to  Calais,  Campbell  paying  all  his  expenses.  When  we  arrived  at 
the  Rappahannock  Neal  went  on  board  of  her  with  Campbell,  and  he  was  engaged  to 
serve  as  carpenter's  mate,  and  we  left  him  on  board. 

Several  other  men  who  came  with  us  are  well  known  to  me,  "but  I  cannot 
remember  their  names.  These  men  were  all  engaged  by  Campbell,  and  they  signed 
articles  to  serve  on  the  Rappahannock,  and  remained  on  board  her  when  I  left. 

(Signed)  MAURICE  BREEN. 

Sworn  at  Liverpool  aforesaid,  this  23d  day  of  May,  1864,  before  me, 

(Signed)  JOHN  YATES, 

A  Commissioner  to  administer  Oaths  in  Chancery  in  England. 


*  [Inclosure  10  in  No.  32.] 

Deposition  of  Matthew  McMullan. 

I,  Matthew  McMullan,  of  Blackstone  street,  Liverpool,  in  the  county  of  Lancaster, 
fireman,  make  oath,  and  say  as  follows  : 

Upon  several  occasions,  when  I  called  at  Mr.  Campbell's  house  to  engage  with  him 
to  join  the  Rappahannock,  referred  to  in  my  affidavit  of  the  21st  of  May  instant,  I  saw 
a  ship's-carpenter  there,  named  Robert  Neal.  Neal  appeared  to  me  to  be  lodging  at 
Campbell's  bouse.  1  again  saw  Neal  at  the  railway- station  on  the  Sunday  morning, 
and  he  accompanied  us  to  Calais,  Campbell  paying  our  expenses.  When  we 
arrived  at  the  steamer,  Campbell  took  Neal  on  board  with  him,  and  Neal  was  engaged 
as  carpenter's-mate* 

Several  of  the  other  men  who  came  with  us  were  engaged,  and  they  signed  articles 
to  serve  on  the  Rappahannock,  and  we  left  them  on  board  of  her.  I  saw  all  the  men  who 
joined  the  steamer  at  Campbell's  house  on  the  Sunday  morning  previous  to  our  start- 
ing for  London. 

(Signed)  MATTHEW  McMULLAN. 

Sworn  at  Liverpool  aforesaid,  this  23d  day  of  May,  1864,  before  me. 

(Signed)  JOHN  YATES, 

A  Commissioner  to  Administer  Oaths  in  Chancery  in  England. 


No.  33. 

Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  May  26, 1864. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  oi 
the  23d  instant,  inclosing  copies  of  depositions  respecting  the  engage- 
ment of  seamen  for  service  on  board  the  Rappahannock,  and  I  have  to 
state  to  you  that  the  matter  shall  not  fail  to  receive  the-  careful  atten- 
tion of  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  EUSSELL. 


BRITISH    CASE    AND    PAPERS.  765 

[671]  *No.  34.  •    • 

Mr.  Greenwood,  to  Mr.  Hammond. 

Treasury,  June  16,  1864.    (Received  June  16.) 

Sir  :  Referring  to  my  letter  of  the  14th  June,  as  to  the  information 
desired  by  the  law-officers  for  the  trial  of  "Queen  against  Rumble,"  it 
seems  to  be  desirable  to  ascertain  what  applications  were  made  by  the 
officers  of  the  Rappahannock  to  the  authorities  in  the  port  of  Calais,  or 
to  the  French  government,  for  repairing  the  vessel  there ;  2dly,  for 
equipping  or  arming  her ;  3dly,  for  her  remaining  in,  or  quitting  the 
port,  (together  with  the  answers  to  such  applications,  and  what  was 
done  in  consequence.) 

The  solicitor-general  suggested,  in  consultation,  that  application  should 
be  made,  through  you,  to  Lord  Cowley,  to  ascertain  as  much  of  these 
matters  as  ought  to  be  in  his  lordship's  power.* 

The  vessel  having  hoisted  confederate  colors  at  Calais,  and  presented 
herself  there  as  a  ship  of  war,  it  is  not  probable  that  the  British  consul 
would  take  any  part  in  these  transactions ;  but  he  might  be  able  to 
give  very  useful  advice  as  to  the  channels  through  which  further  infor- 
mation might  be  sought. 

It  would  be  very  desirable,  therefore,  that  you  should  be  good  enough 
to  request  him  to  come  to  London  forthwith — for  example,  in  time  to 
be  seen  to-morrow  afternoon,  (Friday  17th.) 
I  am,  &c,  . 
(Signed)  JOHN  GREENWOOD.   , 


No.  35. 
Earl  Russell  to  Earl  Cowley. 

Foreign  Office,  June  16, 1864. 

My  Lord  :  I  inclose  herewith  to  your  excellency  a  copy  of  a  letter 
from  the  solicitor  to  the  treasury,1  with  reference  to  the  case  Queen  vs. 
Rumble,  from  which  you  will  perceive  that  the  law-officers  of  the 
Crown  desire  to  be  furnished  with  certain  information  as  to  the  proceed- 
ings of  the  Rappahannock  in  the  port  of  Calais. 

Her  Majesty's  consul  at  Calais  has,  in  compliance  with  Mr.  Green- 
wood's suggestion,  been  summoned  to  London,  and  I  have  to  instruct 
your  excellency  to  direct  Captain  Hore  to  see  whether  he  can  obtain 
any  information  in  Paris  upon  the  points  mentioned  in  Mr.  Greenwood's 
letter. 

The  matter  is  urgent,  as  the  case  is  set  down  for  trial  at  the  present 
sitting. 

I  am,  &c., 

(Signed)  RUSSELL. 

^0.34. 


766  TREATY    OF    WASHINGTON. 

No.  36. 

Earl  Cowley  to  Earl  Russell. 

Paris,  June  17,  1864.     (Eeceived  June  18.) 
My  Lord  :  In  compliance  with  the  instructions  contained  in  your 
lordship's  dispatch  of  yesterday's  date,  Captain  Hore  has  made  the 
inquiries  respecting  the  Rappahannock,  suggested  by  the  solicitors  of 
the  treasury,  and  I  inclose  his  report  herewith. 
I  have,  &c, 
(Signed)  COWLEY. 

[Inclosure  in  No.  36.] 
Cajftain  Hore,  B.  N.,  to  Earl  Cowley. 

Paris,  June  17,  1864. 

My  Lord:  In  obedience  to  your  lordship's  directions  I  have  made  inquiries  at  the 
ministry  of  marine  regarding  the  Rappahannock,  as  desired  by  Earl  Russell's  dispatch 
of  the  16th  instant. 

I  was  shown  the  papers  connected  with  this  vessel,  of  which  the  following  is  a 
summary : 

When  the  Rappahannock  arrived  at  Calais,  the  captain,  then  Mr.  Campbell, 
[672]  *produced  a  commission  from  the  president  of  the  Confederate  States,  appoint- 
ing him  a  first  lieutenant  in  that  navy,  and  to  command  the  Rappahannock ; 
that  vessel  was  then  accepted  as  a  man-of-war  by  the  French  government,  and  the 
commander  was  informed  that  he  would  be  permitted  to  make  good  what  repairs  were 
necessary  to  fit  for  sea  ;  but  no  additions  would  be  permitted  to  her  warlike  qualities, 
and  that  the  laws  of  neutrality,  as  set  forth  in  the  declaration,  must  be  strictly  com- 
plied with.  The  repairs  were  proceeded  with,  and  changes  were  made  among  the  crew 
without  adding  to  their  number  for  some  time;  later,  however,  it  was  discovered  that 
the  crew  had  been  nearly  doubled,  and  amounted  to  80  men.  The  French  government 
then  informed  the  captain  that  he  had  committed  a  breach  of  the  law  of  neutrality, 
and  consequently  would  not  be  permitted  to  leave  Calais.  The  commander  has  since 
made  application  to  do  so,  and  has  been  refused.  The  question  is  now  before  the 
"  cours  des  contentieux,"  attached  to  the  "  affaires  etrangeres,"  and  has  not  yet  been 
decided. 

It  thus  appears  that  no  written  applications  were  made  for  permission  to  repair  and 
arm,  and  that  the  French  government  pointed  to  the  declaration  of  neutrality  as  the 
guide  and  rule  which  must  be  observed  by  the  Rappahannock. 
I  have,  &c, 
(Signed)  E.  HORE. 


Reports  of  the  trial  of  Mr.  Rumble  in  the  court  of  Queen's  bench  will  be  found  in 
the  Times  of  April  26,  May  4,  5,  and  December  6,  1864,  February  2,  3,  4,  and  6,  1865. 

The  jury  acquitted  the  defendant. 

Messrs.  Jones* and  Highatt  were  tried  at  the  Liverpool  assizes  (see  Liverpool  Courier, 
January  16, 1864,  Liverpool  Daily  Post.  January  28,  April  1,  and  August  15, 1864.)  The 
case  was  removed  to  the  court  of  Queen's  bench,  (see  Times  of  November  24,  1864.) 
The  defendants  were  found  guilty,  and  sentenced  to  a  tine  of  £50  each. 

Campbell,  Cunningham,  and  Buchanan  were  tried  at  the  Liverpool  assizes,  (see 
Liverpool  Daily  Post,  July  1  and  8,  and  August  11,  1864;)  Cunningham  was  convicted, 
Campbell  and  Buchanan  pleaded  guilty.  They  were  discharged  on  entering  into  recog- 
nizances for  £150  to  appear  to  receive  judgment  when  called  upon,  and  were  warned 
that  if  the  offense  was  repeated,  the  judgment  would  be  enforced  and  the  penalty 
would  be  a  severe  one. 

Seymour  was  tried  at  the  central  criminal  court  in  London  (see  Times  of  July 
15,  1864,)  and  pleaded  guilty.  He  was  discharged  with  a  similar  sentence  and. 
warning. 


BRITISH    GASE   AND    PAPERS.  '767 

No.  37. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  16,  1865.  (Received  February  16.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  request  that  you  will  inform  Earl  Eussell  that,  having  observed  that 
several  witnesses  at  the  recent  trial,  "  The  Queen  vs.  Rumble,"  asserted 
that  the  Scylla,  late  Victor,  was  towed  out  of  Sheerness  Harbor  on 
the  24th  November,  1863,  by  a  government  tug,  my  lords  caused  a 
court  of  inquiry  to  be  held  at  Sheerness,  and  they  now  inclose,  for  Lord 
Russell's  information,  a  copy  of  the  report  made  to  them. 

Earl  Russell  will  perceive  there  is  not  the  slightest  foundation  for  the 
statement  that  assistance  was  given  to  the  Scylla  by  any  of  the  govern- 
ment tugs,  or  that  any  persons  belonging  to  them  aided  that  vessel  in 
her  departure  from  Sheerness. 

The  evidence  taken  at  the  court  of  inquiry  is  sent  in  original,  and  my 
lords  request  it  may  be  returned. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


[Inclosure  in  No.  37.] 

Vice-admiral  Sir  C.  Talbot  to  the  secretary  to  the  admiralty. 

Formidable,  Sheerness,  February  14,  1865. 
Submitted  for  the  information  of  the  lords  commissioners  of  the  admiralty,  in  reply 
to  your  letter  of  the  10th  instant. 

(Signed)  CHARLES  TALBOT. 


[673]  *  Sheerness  Yard,  February  14,  1865. 

Sir:  In  obedience  to  your  memorandum  of  the  13th  instant,  we  have  this  day 
held  an  inquiry  as  to  whether  any  of  the  government  tugs  assisted  the  Scylla,  late 
Victor,  on  the  occasion  of  her  leaving  Sheerness  harbor  on  the  night  of  the  24th  No- 
vember, 1863. 

2.  Having  heard  the  evidence  of  Captain  Hall,  C.  B.,  of  the  steamer  Reserve,  Mr. 
Brockman,  master  commanding  the  Wildfire  tender,  several  officers  of  the  dock-yard, 
and  a  number  of  other  persons  masters,  and  engineers,  belonging  to  the  different  tugs 
and  tenders  employed  at  Sheerness  ; 

3.  We  have  the  honor  to  report,  from  what  has  come  before  us,  that  we  are  perfectly 
satisfied  that  no  government  tug  or  vessel  of  any  description  belonging  to  Her  Majesty 
assisted  or  accompanied  the  Scylla,  late  Victor,  on  the  occasion  of  her  leaving  Sheer- 
ness Harbor  on  the  night  of  the  24th  November,  1863. 

We  have,  &c, 

(Signed)  JOHN  FTJLFORD, 

Captain,  Her  Majesty's  ship  Formidable. 
G.  A.  KEANE, 
Captain,  Her  Majesty's  ship  Cumberland,  for  Naval  Barracks. 

T.  L.  GAUSSEN, 
Commander,  Her  Majesty's  ship  Formidable. 


No.  38. 

Uarl  Russell  to  Mr.  Adams. 

Foreign  Office,  February  18, 1865. 
Sir  :  With  reference  to  the  assertions  which  have  been  made  that  the 
steamer  Scylla  or  Rappahannock  was  towed  by  a  government  tug  out 


7G8  TREATY    OF   WASHINGTON. 

of  Sheerness  Harbor  on  the  24th  November,  1863,  I  have  the  honor  to 
state  to  you  that  I  have  received  from  the  lords  commissioners  of  the 
admiralty  a  copy  of  a  report  (accompanied  by  a  minute  of  proceedings) 
of  a  court  of  inquiry  held  by  their  lordships'  orders  at  Sheerness  to  in- 
vestigate the  truth  of  those  assertions,  and  that'  it  results  from  that 
inquiry  that  the  members  of  the  court  were  perfectly  satisfied  that  no 
government  tug  or  vessel  of  any  description  belonging  to  Her  Majesty 
assisted  or  accompanied  the  Scylla  or  Eappahannock  on  the  occasion 
of  her  leaving  Sheerness  Harbor  on  the  night  in  question. 

I  am,  &c, 

(Signed)  EUSSELL. 


No.  39. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  28, 1865.  (Eeceived  March  1.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to 
transmit  to  you  herewith,  for  the  information  of  Earl  Eussell,  copy  of  a 
letter  which  they  have  this  day  addressed  to  the  captain  superintendent 
of  Her  Majesty's  dock-yard  at  Sheerness,  directing  him  to  inform  Mr. 
William  Eumble,  inspector  of  machinery  at  that  por«t,  that  their  lord- 
ships have  placed  him  on  half-pay  in  consequence  of  his  proceedings  in 
connection  with  the  Scylla  after  she  had  left  Sheerness  and  had  hoisted 
the  confederate  flag. 

I  am,  &c, 

(Signed)  W.  G.  EOMA1KE. 


[In closure  in  No.  39.]  ' 

The  secretary  to  the  admiralty  to  Vice- Admiral  Sir  C.  Talbot. 

y  Admiralty,  February  28,  1865. 

Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to  signify  their 
direction  to  you  to  acquaint  Mr.  William  Rumble,  inspector*  of  machinery  at 
[674]  Sheerness,  "that  their  lordships  have  maturely  weighed  the  evidence  given  at* the 
late  trial  in  the  court  of  Queen's  bench,  the  defense  of  Mr.  Eumble  by  his  coun- 
sel, together  with  the  remarks  of  the  chief  justice  in  summing  up  the  case,  and  they 
regret  that  they  cannot  acquit  him  of  blame. 

My  lords  have  not  thought  it  necessary  to  inquire  into  Mr.  Rumble's  x>roceedings 
before  the  Scylla  left  Sheerness,  since  he  has  been  acquitted  by  a  jury  of  any  guilty 
knowledge  of  the  true  character  of  the  vessel  up  to  that  time,  and  they  have  confined 
themselves  to  a  consideration  of  his  proceedings  after  that  event,  when  all  disguise  had 
been  thrown  off  and  the  confederate  flag  had  been  openly  hoisted  on  board  the  vessel 
and  her  name  changed  to  the  Rappahannock. 

My  lords  consider  that  those  proceedings  were  inconsistent  with  his  duty  as  an  offi- 
cer holding  the  high  and  responsible  position  of  inspector  of  machinery  at  Sheerness. 

Without  attaching  too  much  weight  to  the  evidence  of  the  witnesses  as  to  the  occur- 
rences at  Calais,  my  lords  are  satisfied  that  there  is  ample  proof  that  Mr.  Rumble, 
after  the  character  of  the  vessel  had  been  openly  declared,  acted  in  a  manner  calcu- 
lated to  afford  just  grounds  for  the  accusation  that  an  officer  employed  in  Her  Majes- 
ty's service  had  aided  and  abetted  those  parties  who,  in  violation  of  Her  Majesty's 
proclamation,  were  concerned  in  fitting  out  a  vessel  of  war  for  the  service  of  a  bellige- 
rent power. 

My  lords  can,  therefore,  no  longer  place  any  confidence  in  Mr.  Rumble,  and  they  have 
directed  him  to  be  placed  on  half-pay. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


BRITISH   CASE   AND    PAPERS.  *    769 

:No..40. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  March  8, 1865. 

Sir  :  In  iuy  letter  of  the  18th  ultimo  I  had  the  honor  to  inform  you 
that  a  court  of  inquiry  appointed  by  the  lords  commissioners  of  the  ad- 
miralty to  investigate  the  circumstances  connected  with  the  departure 
of  the  Scylla,  or  Bappahannock,  from  Sheerness,  had  reported  that  there 
was  no  foundation  for  the  assertion  which  had  been  made  that  the  Scylla 
had  been  towed  out  of  the  harbor  of  Sheerness  by  a  vessel  belonging  to 
Her  Majesty 7s  navy ;  and  I  have  now  the  honor  to  inform  you  further, 
with  respect  to  this  matter,  that  the  lords  of  the  admiralty  have  fully 
considered  the  proceedings  of  Mr.  Bumble  in  regard  thereto.  It  ap- 
peared to  their  lordships  that  as  Mr.  Bumble  had  been  acquitted  by  a 
jury  of  any  guilty  knowledge  of  the  true  character  of  the  Scylla,  up  to 
the  time  of  her  departure  from  Sheerness,  they  had  only  to  consider  his 
proceeding  after  that  event  in  forming  an  opinion  with  respect  to  his 
conduct  in  the  case  of  this  vessel.  And  the  conclusion  at  which  their 
lordships  have  arrived,  is,  that  Mr.  Bumble,  after  the  character  of  the 
vessel  had  been  openly  declared,  acted  in  a  manner  calculated  to  afford 
just  grounds  for  the  accusation  that  an  officer  employed  in  Her  Majesty's 
service  had  aided  and  abetted  those  parties  who,  in  violation  of  Her 
Majesty's  proclamation,  were  concered  in  fitting  out  the  Scylla  as  a  ves- 
sel of  war. 

Under  these  circumstances  their  lordships-  have  decided  to  place  Mr. 
Bumble  upon  half-pay,  as  an  officer  in  whom  they  can  no  longer  place 
any  confidence. 
I  am,  &c, 
(Signed)  EUSSELL. 

H.  Ex.  282,  vol.  ii 49 


t675J  *ANGLO-CHINESE  FLEET 


1677 


*  TABLE  OF  CONTENTS. 


Anglo-Chinese   fleet. 


From  whom  and  to  whom. 


Date. 


Subject. 


si 


Foreign  office  to  agent  of 
Chinese  government. 

Agent  of  Chinese  govern- 
ment to  foreign  office. 

Captain  Osborn  to  Earl  Rus- 
sell. 


Foreign  office  to    admiralty. 

colonial   office,   and    India 

office. 
Earl  Russell  to  Sir  F.  Bruce  . . 


Sept,  10, 1862 

Oct.     9, 1862 
Nov.  23, 1863 

Jan.  11,1864 


Jan.  11,1864 
Sir  F.  Bruce  to  Earl  Russell  . .  I  Nov.  19, 1863 

Earl  Russell  to  Sir  F.  Bruce  . .  j  Jan.   20, 1864 
Sir  F.  Bruce  to  Earl  Russell  ..  Nov.  19, 1863 

Earl  Russell  to  Sir  F.  Bruce  ..  Feb.  15, 1864 
Captain  Osborn  to  Earl  Russell.  Feb.  29, 1864 


Foreign  office  to  admiralty. . 
Admiralty  to  foreign  office . . 
Foreign  office  to  admiralty. . 


Mar.  3,1864 
Mar.  8,1864 
Mar.  10, 1864 


Admiralty  to  foreign  office Mar.  11, 1864 


>l 


Captain  Osborn  to  Earl  Russell. 


Mar.  19, 1864 


Admiralty  to  foreign  office |  Mar.  29, 1664 

India  office  to  foreign  office  . ..  Apr.  12, 1864 
Captain  Osborn  to  Earl  Russell. I  Apr.  14, 1864 
do , j  Apr.  14,1864 


Has  he  written  authority  from  the 
Chinese  government  to  purchase 
and  equip  a  fleet  for  them  ? 

Holds  written  authority  from  the 
Chinese  government. 

The  Chinese  government  having  re- 
pudiated the  arrangements  made 
respecting  the  fleet,  it  is  to  be  sent 
home  to  England  and  sold. 

Precautions  should  be  taken  to  pre- 
vent the  fleet  falling  into  the  hands 
of  any  belligerent  power. 

Transmitting  copy  of  the  above.  To 
warn  Captain  Osborn. 

It  is  arranged  that  the  ships  are  to  be 
sent  to  England  for  sale.  Has  inter- 
fered to  prevent  their  remaining  in 
Chinese  hands. 

Approves  his  proceedings  as  reported 
above. 

Details  respecting  rejection  of  fleet  by 
the  Chinese,  and  measures  taken 
for  disbanding  the  force.  Captain 
Osborn's  honorable  conduct. 

Entirely  approves  of  his  conduct  as 
reported  above. 

Arrival  in  England.  Suggests  that 
the  admiralty  should  buy  the  ships 
and  stores,  and  deduct  the  amount 
from  the  indemnity  due  by  China. 

Copy  of  the  above  fior  their  considera- 
tion. 

Does  Lord  Russell  concur  in  Captain 
Osborn's  suggestion  ? 

Recommends  purchase  of  the  fleet  by 
the  admiralty  if  the  vessels  are 
useful. 

"Will  decide  as  to  purchase  when  they 
receive    report   of   survey  of  the 


Foreign  office  to  India  office  . . 
Foreign  office  to  war  office 


Foreign  office  to  Captain  Os- 
born. 
Captain  Osborn  to  Earl  Russell 


Admiralty  to  foreign,  office 


Apr.  15, 1864 
Apr.  20, 1864 

Apr.  20, 1864 
Apr.  25, 1864 

May    6,1864 


Correspondence  relative  to  four  ships 
of  the  Anglo-Chinese  fleet  left  in 
charge  of  the  government  of  India 
at  Bombay. 

Authorities  at  Bombay  have  pre- 
vented any  of  the  four  vessels  being 
sold,  and  have  taken  charge  of  them. 

Will  wait  for  a  communication  from 
the  foreign  office  before  sending  in- 
structions to  Bombay. 

Arrival  of  three  of  the  vessels  in  Eng- 
land. What  is  to  be  done  with 
munitions  on  board  ? 

Awaits  decision  of  Her  Majesty's  gov- 
ernment as  to  pay  due  to  officers 
and  men  of  the  Anglo-Chinese 
squadron. 
i  The  Thule  may  be  sold  at  Bombay ; 
the  other  vessels  should  be  detained 
till  further  instructions  are  sent. 

Requests  that  orders  may  be  given 
for  the  return  to  Her  Majesty's 
stores  of  the  munitions  of  war  on 
board  the  Anglo-Chinese  fleet. 

Has  requested  war  office  to  take  back 
the  munitions  of  war. 

Admiralty  decline  to  purchase  the 
vessels  left  at  Bombay.  Proposes 
to  transfer  his  agency  to  a  mercan- 
tile firm  at  Bombay. 

Do  not  wish  to  purchase  the  three 


Page. 

681 


681 

682 


684 
684 

685 
685 

689 
689 

691 
691 
692 

692 

692 


Page. 

Ill 


700 

700 
700 

701 
701 

701 


774 


TREATY    OF   WASHINGTON. 


L678] 


Table  of  contents — Continued. 


From  whom  and  to  'whom. 


Foreign  office  to  admiralty — 

India  office  to  foreign  office — 

Foreign  office  to  India  office  . . 
do 


Foreign  office  to  Captain  Os- 

born. 
Foreign  office  to  admiralty 

Foreign  office  to  Sir,  F.  Bruce. 


India  office  to  foreign  office. 
do 


34  j  Foreign  office  to  India  office. 


Date. 


May  12, 1864 

May  14, 1864 

May  18, 1864 
May  31, 1864 


May  31,1864 
June   1,1864 

Aug.   3,1864 
Sept.  13, 1864 

Sept.  19, 1864 


35     Mr.  Wade  to  Earl  Russell !  Sept.  12, 1864 


Foreign  office  to  admiralty 

Admiralty  to  foreign  office 


38     Foreign  office  to  admiralty. 


Admiralty  to  foreign  office 

Foreign  office  to  admiralty 

Admiralty  to  foreign  office 

Foreign  office  to  admiralty 

Admiralty  to  foreign  office 

0 

do 


Foreign  office  to  admiralty. 


Dec.     5, 1864 
Dec.     9, 1864 

Dec.  13,1864 

Dec.  23,1864 
Dec.  24,1864 

Feb.     3, 1865 
Feb.     8, 1865 


Feb. 

25, 1865 

Feb. 

27, 1865 

Feb. 

27, 1865 

Subject. 


vessels  arrived  in  England.  Sug- 
gest that  they  be  placed  under  gov- 
ernment charge  till  the  objections 
to  their  sale  are  removed. 

Approves  the  above  suggestion,  but 
thinks  that  Her  Majesty's  govern- 
ment should  pay  expense  thereby 
incurred. 

Have  informed  Bombay  government 
that  the  Thule  maybe  sold,  but  that 
the  other  vessels  are  to  be  detained. 

Concur  in  precautions  taken  respect- 
ing the  sale  of  the  Thule. 

Her  Majesty's  government  take  the 
responsibility  of  detaining  the  ves- 
sels unsold  until  further  notice. 

Informing  him  of  the  above  decision 
of  Hes^Iajesty's  government.  • 

Informing  them  of  the  above  decision 
of  Her  Majesty's  government. 

Informing  him  of  the  above  decision 
of  Her  Majesty's  government,  who 
will  take  care  that  the  Chinese  gov- 
ernment do  not  lose  thereby. 

What  does  Lord  Russell  wish  to  be 
done  respecting  tbe  ships  and  stores 
left  at  Bombay  ? 

Captain  Osborn  declines  any  further 
responsibility  as  to  sale  of  the  ves- 
sels, but  will  cause  the  Thule  to  be 
sold  if  instructed  to  do  so.  "What 
are  Lord  RusselPs  views  ? 

The  Thule  may  be  sold  if  the  Orien- 
tal Bank  Corporation  will  account 
for  the  proceeds  to  the  Chinese  gov- 
ernment. 

The  Chinese  government  hopes  that 
Her  Majesty's  government  will  pur- 
chase the  ships,  and  deduct  the 
amount  from  the  indemnity  due  by 
China. 

What  answer  shall  be  returned  to 
Chinese  government  ? 

Messrs.  Ritherdon  and  Thompson 
offer  to  buy  three  of  the  ships  ;  ad- 
miralty disposed  to  accept,  taking 
security  against  their  improper  use. 

Will  Messrs.  Ritherdon  and  Thomp- 
son give  a  guarantee  against  im- 
proper use  of  the  vessels  if  sold  to 
them  ? 

Terms  of  the  guarantee  to  be  required 
from  Messrs.  Ritherdon  and  Thomp- 
son. 

Approve  of  vessels  being  sold,  sub- 
ject to  a  guarantee  that  they  will 
not  be  used  against  any  power  with 
whom  Her  Majesty  is  at  peace. 

Proposes  that  the  value  of  the  ships 
when  they  left  China  should  be  paid 
to  Chinese  government,  and  de- 
ducted from  the  indemnity,  and  the 
ships  then  sold  for  the  benefit  of  the 
exchequer. 

Concurs  in  the  steps  proposed  above. 
Measures  must  be  taken  against  the 
ships  falling  into  the  hands  of  the 
confederates. 

Value  of  the  seven  ships  assessed  at 

£152,500. 
Captain  Osborn  is  of  opinion  that 
£152,500  will  meet  the  claims  of  the 
Chinese  government. 
Has  due  provision  been  made  against 
vessels  falling  into  the  hands  of  the 
confederates  ? 


BRITISH    CASE   AND    PAPERS. 
Table  of  contents — Continued. 


775 


3 

A 

3 

From  whom  and  to  whom. 

Date. 

Subject. 

©.2 

IS 

3 

®5 

C5© 

£% 

46 

Admiralty  to  foreign  office 

Feb.  28,1865 

Tbe  vessels  shall  not  pass  oiit  of  the 
hands  of  the  government  without 
previous  approval  of  Lord  Russell. 
Sanction  of  treasury  required  for 

Page. 
713 

Page. 
813 

deducting  amount  fixed  on  as  their 

value  from  the  indemnity. 

47 

Foreign  office  to  treasury 

Mar.    2,1865 

Asking  for  their  concurrence  in  the 
purchase  of  tbe  vessels  for  £152,500, 

714 

814 

which  shall  be  deducted  from  the 
indemnity. 
Not  justified  in  interfering  with  the 

48 

Treasury  to  foreign  office 

Mar.  17, 1865 

714 

814 

indemnity.    Ships  should  be  sold 

and  a  vote  taken  for  the  balance 

then  due  to  the  Chinese  govern- 

ment. 

49 

Earl  Russell  to  Mr.  "Wade 

Mar.  28, 1865 

Her  Majesty's  government  will  not 
interfere  with  the  indemnity.    In- 
form Chinese  government  that  the 
ships  will  be  sold,  and  the  sum  re- 
alized  made   up  to   the  admitted 
value  of  £152,500,  and  transmitted 
to  them. 

Requesting  them  to  proceed  with  the 

715 

815 

50 

[679]    *  Foreign  office  to  admi- 

Mar. 28, 1865 

715 

816 

ralty. 

sale  of  the  ships,  in  accordance  with 
above  arrangement. 

51 

Admiralty  to  foreign  office 

June   2,1865 

Propose  to  sell  the  vessels  now  with- 
out taking  any  guarantee  as  to  their 
not  being  employed  by  a  belligerent. 

716 

816 

52 

Foreign  office  to  admiralty 

June   5,1865 

Concur  in  the  above  proposition 

716 

817 

53 

Admiralty  to  foreign  office 

June  19, 1865 

Have  requested  India  office  to  send 
orders  for  the  unrestricted  sale  of 
the  ships  at  Bombay. 

716 

81T 

54 

Mr.  "Wade  to  Earl  Russell 

Sept.   6,1865 

Chinese  government  gratefully  accept 
the  arrangement  made. 

717 

817 

55 

Sir  F.  Bruce  to  Earl  of  Claren- 
don. 

Dec.     9, 1865 

Application  of  the  Chinese  govern- 
ment to  Mr.  Burlingame  for  a  settle- 
ment of  flotilla  account. 

718 

819 

56 

Mr.  Adams  to  Earl  of  Claren- 

Dec. 28,1865     £ 

719 

820 

don. 

eminent  at  the  course  taken  by  Sir 
F.  Bruce.    The  Chinese  government 

anxious  for  settlement  of  the  mat- 
ter. 
Egyptian  •government  have    bought 

57 

Admiralty  to  foreign  office 

Dec.  30,1865 

720 

821 

three  of  the  ships  for  £30,100,  which 

may  be  paid  at  once  to  the  Chinese 

* 

government. 

58 

Earl  Russell  to  Mr.  Adams 

Dec.  30,1867 

Her  Majesty's  government  are  doing 
their    best  to  wind  up  the  affair 
satisfactorily. 

All  the  ships  having  heen  sold,  and  a 

720 

821 

59 

Treasury  to  foreign  office 

Feb.  25,1867 

721 

822 

vote  obtained  from  Parliament.  Her 

Majesty's  minister  at  Pekin  should 

pay  Chinese  government  the  bal- 
ance. 
Instructions  to  repay  Chinese  govern- 

60 

Earl  Russell  to  Sir  R.  Alcock. 

Feb.  26, 1867 

721 

823 

ment  £114,276,  being  the  balance 

not  yet  remitted  to  them  of  the  esti- 

mated value  of  the  ships. 

[«i]  #ANGLO-CHINESE  FLEET 


Ko.  1. 

Mr.  Hammond  to  Mr.  Lay. 

Foreign  Office,  September  10, 1862. 
Sir  :  \  am  directed  by  Earl  Eussell  to  state  to  you  that  it  appears  to 
Her  Majesty's  government  that  unless  you  are  already  pro- 
vided witji  a  written  authority  from  the  Chinese  govern-  fltent.gloChin' se . 
ment  for  the  steps  which  you  are  taking  to  provide  that 
government  with  naval  assistance,  you  should  procure  such  authority ; 
and  I  am  accordingly  to  request  that  you  will  take  steps  for  obtaining 
such  authority  as  soon  as  possible,  although  in  the  mean  while  Her 
Majesty's  government  are  prepared  to  act  on  the  assurances  of  Mr.  Bruce, 
and  not  interpose  any  delay  in  your  proceedings. 
I  have,  &c, 
(Signed)  E.  HAMMOND. 


No.  2. 

Mr,  Lay  to  Mr.  Hammond. 

Chinese  Government  Agency, 
6  Little  George  Street,  Westminster, 

October  9,  1872.     (Eeceived  October  8.) 

Sir:  My  absence  from  England  has  prevented  my  receiving  before 
yesterday  your  letter  of  the  10th  September. 

With  reference  to  Earl  Kussell's  desire  that  I  should  obtain  a  written 
authority  from  the  Chinese  government  for  the  steps  I  am  taking  to 
provide  it  with  naval  assistance,  I  have  the  honor  to  state  that  I  hold 
such  written  authority,  dated  the  loth  March,  1862,  from  my  locum  tenens, 
Mr.  Hart,  to  purchase  and  equip  a  steam  fleet,  in  accordance  with 
instructions  from  tHe  imperial  government. 

I  have  since  received  regular  remittances  from  the  foreign  customs 
for  that  purpose,  by  direction  of  Prince  Kung. 

I  may  add,  for  his  lordship's  information,  that  on  the  28th  June  last, 
I  received  through  Mr.  Hart  a  dispatch  from  the  Chinese  foreign  office 
relative  to  the  proposed  fleet.  This  dispatch  prays  the  inspector- gen- 
eral of  customs  in  earnest  terms  to  use  the  utmost  dispatch  in  procur- 
ing the  vessels.  It  repeats  the  instructions  issued  to  the  governors  of 
'  various  provinces  as  to  the  amounts  to  be  contributed  by  them  towards 
the  cost  of  the  fleet;  refers  to  the  Emperor's  anxiety  that  no  time  should 
be  lost  $  and  closes  with  a  second  earnest  appeal  to  the  inspector-gen- 
eral for  these  reasons  "not  to  lose  a  day." 

With  respect  to  the  flag  for  the  fleet,  I  have  written  for  precise 
authority.  As  soon  as  I  receive  it  1  will  not  fail  to  apprise  Earl  Russell 
of  the  fact. 

I  have,  &c, 

(Signed)  -H.  K  LAY. 


778  TREATY    OF   WASHINGTON. 

[682]  *No.  3. 

Captain  Osbom  to  Earl  Russell. 

Shanghai,  November  23,  1863.  (Eeceived  January  8, 1864/ 
My  Lord  :  As  I  fear  that  Mr.  Lay,  by  some  accident,  has  failed  to 
send  you  the  correspondence  which  has  taken  place  between  us  and  the 
prince  regent  of  China,  as  well  as  Sir  Frederick  Bruce,  I  take  tha  lib- 
erty of  inclosing  a  copy;  for  I  feel  that,  in  justice  to  Mr.  Lay,  iryself, 
and  the  officers  and  men  of  the  force  under  my  command,  it  is  only 
proper  that  your  lordship  should  be  put  in  possession  of  all  the  circum- 
stances connected  with  the  dissolution  of  a  force  organized  under  Her 
Majesty's  order  in  council  of  August,  1862. 

I  have  reported  all  the  circumstances  to  the  admiralty,  and  S3nt  home 
commander  Chas.  S.  Forbes,  11.  K,  to  give  all  further  information. 

1  am  proud  to  say  that  every  officer  and  man  in  the  forc3  has  sup- 
ported me  in  the  line  of  conduct  I  considered  it  necessary  tc  carry  out, 
and  that  is  my  best  consolation  under  as  sore  a  disappointment  as  could 
well  befall  a  naval  officer. 
I  have,  &c, 
(Signed)  SHERAKD  OSBORN. 

[Inclosure  1  in  No.  3.] 
Captain  Osbom  to  Sir  F.  Bruce. 

Peki>g,  October  19,  1863. 

Your  Excellency  :  Prince  Kung  having  failed  to  ratify  the  agreements  entered  into 
"between  inspector-general  H.  N.  Lay,  C  B.,  and  myself,  it  becomes  necessary  for  me  to 
disband  the  European-Chinese  naval  force. 

I  have  the  honor  to  inclose  you  copies  of  the  agreements  in  question,  as  well  as  all 
correspondence,  and  to  request  you  will  inform  me  whether  you  see  any  objection  to 
my  surrendering  to  Prince  Kung  the  eight  ships  which  I  have  brought  out  to  this 
country.  They  are  imperial  property,  and  I  have  no  right  to  detain  them  ;  but  I  would 
submit  that  there  might  he  some  danger  if  vessels  of  so  formidable  a  character  were 
trusted  to  the  rowdies  and  pirates  now  so  numerous  in  Shanghai,  and  who,  I  dare  say, 
are  quite  ready  to  serve  the  provincial  authorities  without  agreements  or  guarantees. 

Directly  I  receive  your  excellency's  official  instructions  upon  that  point,  I  shall,  in 
conjunction  with  Mr.  Lay,  proceed  to  dissolve  the  force,  sending  the  officers  and  men 
to  England  in  detachments,  and  reporting  all  the  circumstances  to  the  lords  commis- 
sioners of  the  admiralty,  and  sending  them  an  exact  description  of  the  ships,  if  you 
decide  upon  not  surrendering  them. 
I  have,  &c, 
'Signed)  SHERARD  OSBORN. 


[Inclosure  2  in  No.  3.] 

Sir  F.  Bruce  to  Captain  Osbom. 

Peking,  October  20,  1863. 
Sir  :  I  have  received  your  letter  with  its  inclosures,  informing  me  of  the  refusal  of 
the  Prince  of  Kung  to  ratify  the  agreements  entered  into  by  his  agent,  Mr.  Lay,  with 
yourself,  and  of  your  consequent  resolution  to  disband  the  force. 

I  have  informed  his  imperial  highness  of  my  conviction  that  Her  Majesty's  govern- 
ment would  not  have  consented  to  the  organization  of  this  powerful  squadron  had  it 
not  been  on  the  understanding  that  it  was  to  be  placed  under  the  orders  of  an  officer 
in  whose  prudence  and  high  character  they  had  full  confidence,  and  that  I  will  not 
consent  to  the  ships  and  stores  being  handed  over  to  the  Chinese  government  without 

instructions  to  that  effect  from  Her  Majesty's  government. 
[683]      *I  therefore  request  you  to  take  measures  for  keeping  them  in  deposit  until  the 
pleasure  of  Her  Majesty's  government  be  known. 
I  have,  &c, 
(Signed)      .  FREDERICK  W.  A.  BRUCE. 


BEITISH    CASE    AND    PAPERS.  779 

[Inclosure  3  in  No.  3.] 

Captain  Osborn  to  Sir  F.  Bruce. 

Peking,  October  27,  1863. 
Sir  :  Consequent  upon  the  receipt  of  your  excellency's  letter  of  the  20th  instant,  in 
which  you  acquaint  ine  that  you  will  not  consent  to  the  surrender  of  the  ships  and 
stores  to  the  Emperor  of  China,  and  desire  me  to  take  measures  for  keeping  them  in 
deposit  until  the  pleasure  of  Her  Majesty's  government  shall  he  known,  the  following 
questions  have  arisen  in  my  mind,  upon  which  I  solicit  your  early  instructions : 

1.  If  the  Emperor  of  China  should  repudiate  the  arrangements  recently  sanctioned 
for  the  regular  payment  of  this  force,  what  steps  am  I  to  take  to  avoid  selling  the 
ships  according  to  the  10th  article  of  my  agreement  ?  As  Prince  Kung  has  already 
repudiated  his  formal  instructions  to  Mr.  Lay,  I  am  compelled  to  anticipate  the  proba- 
bility of  his  treating  all  his  engagements  in  the  same  fashion. 

2.  Where  shall  I  procure  funds  for  the  maintenance  of  the  force,  pending  the  orders 
of  Her  Majesty's  government  ? 

I  have,  &c, 

(Signed)  SHERARD  OSBORN. 


[Inclosure  4  in  No.  3.] 

Sir  F.  Bruce  to  Captain  Osborn. 

Peking,  November  6, 1863. 
Sir:  As  you  are  aware,  the  scheme  of  keeping  the  ships  of  the  flotilla  in  deposit, 
awaiting  instructions  from  Her  Majesty's  government,  has  been  abandoned,  and.  the 
Chinese  government  has  requested  me  to  send  the  vessels  to  England  to  be  disposed 
of.  His  imperial  highness  expresses  his  thanks  to  yourself  for  the  trouble  to  which 
you  have  been  put  in  procuring  the  fleet,  and  in  bringing  it  out  to  China,  and  requests 
you  to  accept  10,000  taels,  in  addition  to  your  pay,  for  the  labor  entailed  upon  you  by 
it.  He  further  requests  that  the  ships  may  be  put  under  another  flag.  That,  however, 
is  a  point  which  must  be  left  to  your  own  discretion.  I  have,  therefore,  to  request 
that  you  will  take  charge  of  the  vessels  and  men,  with  a  view  to  the  disposal  of  the 
former  in  England,  or  in  India,  as  you  may  think  best.  The  officers  and  men  to  be  sent 
home  and  paid  up  to  their  arrival  in  Enland.  But,  as  the  contract  may  be  construed 
to  give  them  a  claim  for  pay  for  three  months  after  their  arrival,  or  up  to  the  30th  of 
August,  it  will  be  advisable  to  obtain  the  opinion  of  counsel  as  to  the  liability  of  the 
Chinese  government,  they  having  declined  to  accept  the  flotilla,  on  the  ground  of 
their  agent  having  exceeded  his  authority  in  the  conditions  attached  to  the  scheme. 
You  will  feel,  with  me,  that  our  honor  is  involved  in  winding  up  this  affair  upon  terms 
as  little  onerous  as  possible  to  the  Chinese  government. 

I  will  give  instructions  to  the  consuls  to  contribute  what  may  be  required,  out  of 
the  moneys  received  by  them  on  the  indemnity  account,  to  meet  such  part  of  the  ex- 
penses of  sending  the  vessels  home  as  the  Chinese  government  is  unable  to  provide 
for.  The  sum  so  advanced  will  form  a  lien  on  the  ships,  and  to  be  deducted  from  the 
expenses  of  sale,  or  set  off"  against  the  value  of  the  ships  and  stores,  should  Her  Maj- 
esty's government  decide  on  taking  any  of  them  back. 

I  think  it  but  just  to  express  my  entire  approbation  of  the  honorable  and  dignified 
course  you  have  pursued  during  the  discussion  of  the  question  at  Pekin.  An  officer 
more  alive  to  pecuniary  advantages,  less  scrupulous  as  to  the  interests  of  Great 
Britain,  and  less  careful  of  his  own  honor,  might  have  admitted  some  unsatisfactory 
compromise  as  to  his  position,  and  might  have  trusted  to  an  arbitrary  exercise  of  the 
power  wielded  by  him  to  have  extricated  himself  from  future  embarrassments.  By 
your  firmness  you  have  saved  Great  Britain  from  complications,  and  you  have  vindi- 
cated the  honor  of  the  British  uniform  in  the  eyes  of  the  Chinese,  by  refusing  to  ac- 
cept an  unbecoming  position. 

However  disappointing  the  result  of  your  honorable  wish  to  advance   the 
[684]   cause  of  *progress  in  China,  you  have  the  consolation  of  knowing  that  you  have 

gained  the  respect  and  appi  oval  of  persons  of  every  nation  who  are  acquainted 
with  the  course  you  have  pursued. 

I  have,  &c, 

(Signed)  FREDERICK  W.  A.  BRUCE. 


780  TREATY    OF    WASHINGTON. 

No.  4. 
Mr.  Hammond  to  the  secretary  to  the  admiralty.1 

Foreign  Office,  January  11,  1864. 

Sir  :  I  am  directed  by  Earl  Russell  to  request  that  you  will  acquaiut 
the  lords  commissioners  of  the  admiralty  that  it  appears,  from  the  ac- 
counts received  from  China,  that,  in  consequence  of  some  disagreement 
between  Captain  Sherard  Osborn  and  the  Chinese  government,  the 
vessels  which  that  officer  purchased  and  equipped  as  vessels  .of  war  in 
this  country,  for  the  service  of  the  Emperor  of  China,  were  about  to  be 
sent,  some  to  India  and  some  to  England,  to  be  disposed  of  by  sale. 

These  vessels  are  understood  to  be  fully  equipped  for  belligerent  pur- 
poses, and  Her  Majesty's  government  are  of  opinion  that  it  is  incum- 
bent upon  them  to  take  any  precaution  that  may  legally  be  within 
their  power  to  prevent  them  from  passing  in  their  present  state  into 
the  hands  of  any  power  or  state  engaged  in  hostility  with  another 
power  or  state  in  amity  with  Her  Majesty. 

Her  Majesty's  government  would  therefore  desire  that  the  attention 
of  the  naval,  colonial,  and  Indian  authorities,  both  at  home  and  on  any 
station  abroad  within  Her  Majesty's  dominions  where  the  vessels  may 
be  expected  to  be  met  with,  should  be  called  to  the  necessity  of  taking 
such  measures  as  may  be  legally  within  their  power  in  furtherance  of 
the  views  of  Her  Majesty's  government  in  this  matter ;  and  specifically 
as  regards  Captain  Osborn,  who  is  an  officer  in  Her  Majesty's  naval 
service,  that  he  should  be  pointedly  cautioned  against  disposing  of  any 
of  the  vessels  to  be  used  in  the  naval  service  of  a  belligerent  power. 
1  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  5. 
Earl  Russell  to  Sir  F.  Bruce, 

Foreign  Office,  January  11, 1864. 

Sir  :  I  transmit  to  you  herewith,  for  your  information  and  guidance, 
a  copy  of  a  letter  which  I  have  directed  to  be  written  to  the  admiralty, 
colonial,  and  India  offices2  respecting  the  vessels  which  were  bought  and 
equipped  by  Captain  Sherard  Osborn  for  the  service  of  the  Emperor 
of  China,  and  which  are  now  to  be  disposed  of  in  consequence  of  the 
disagreement  which  has  occurred  between  that  officer  and  the  Chinese 
government. 

If  that  officer  should  be  still  in  China  when  this  dispatch  reaches 
you,  you  will  make  to  him  a  communication  to  the  effect  stated  in  my 
letter  to  the  admiralty. 

I  have  furnished  Sir  H.  Parkes  with  copies  of  this  dispatch  and  its 
inclosure,  in  order  that  he  may  at  once  communicate  with  Captain 
Osborn,  if  that  officer  should  be  at  Shanghai  when  Sir  H.  Parkes  ar- 
rives at  that  port. 
I  am,  &c, 
(Signed)  EUSSELL. 

1 A  similar  letter  was  addressed  to  the  colonial  and  India  offices.  3No.  4. 


BRITISH    CASE    AND    PAPERS.  781 

No.  6. 

Sir  F.  Brace  to  Earl  Russell. 

Peking,  November  19,  1863.     (Received  January  18,  1864.) 
My  Lord:  The  Chinese  government  Laving-,  after  four  months7  dis- 
cussion, resolved  definitively  not  to  ratify  the  conditions  to  which 
[685]    Mr.  Lay  had  engaged  to  procure  the  Emperor's  #  assent,  and  which 
Captain  Osborn  considered  indispensable  to  enable  him  to  direct 
the  flotilla  without  compromising  his  country  or  his  own  honor^  that 
officer  placed  the  affair  in  my  hands.    It  is  finally  arranged  that  the 
ships,  with  the  officers  and  men,  are  to  return  to  England,  the  Chinese 
government  having  agreed  to  pay  all  expenses  and  fulfill  the  con- 
tracts entered  into  with  the  men;  and  having  requested  me  to  assist 
them  in  the  sale  of  the  ships  for  their  benefit,  Captain  Osborn  has 
undertaken  this  duty,  and  intends  to  dispose  of  two  of  the  smaller  ves- 
sels to  India,  if  possible,  not  wishing  to  risk  them  a  second  time  round 
the  Cape. 

'  I  interfered  to  prevent  the  ships  being  handed  over  to  the  Chinese, 
because  they  could  not  make  use  of  them,  and  because  of  the  danger  of 
their  being  bought  by  the  Japanese,  or  falling  into  the  hands  of  adven- 
turers who  might  have  used  them  against  the  interests  of  commerce. 

I  will  write  at  length  by  next  opportunity,  by  which  time  the  neces- 
sary documents  connected  with  this  affair  will  be  ready  for  trans- 
mission. I  will  only  add  here,  that  Captain  Osborn  has  merited  the 
highest  approval  by  the  superiority  he  has  shown  to  pecuniary  con- 
siderations, and  by  his  resolution  not  to  undertake  this  delicate  service, 
unless  upon  such  conditions  as  would  have  enabled  him  to  preserve  the 
British  name  from  being  sullied  by  the  perpetration  of  excesses  in  his 
presence,  and  from  being  dragged  into  proceedings  which  would  have 
created  embarrassment  with  other  foreign  powers.  At  the  same  time,  I 
do  not  think  the  Chinese  government  open  to  the  charge  of  bad  faith, 
as  the  conditions  they  were  called  upon  to  ratify  are  not  such  as  the 
authority  given  to  Mr.  Lay  entitled  him  to  assent  to  in  their  name. 

Mr.  Lay  mistook  his  position  and  overrated  his  influence  when  he 
resolved  on  starting  this  flotilla  without  having  previously  ascertained 
that  the  terms  agreed  upon  with  Captain  Osborn  would  be  accepted. 
I  have,  &c, 
(Signed)  FREDERICK  W.  A.  BRUCE. 


No.  7. 

Earl  Russell  to  Sir  F.  Bruce. 

Foreign  Office,  January  20,  1864. 
Sir  :    Her  Majesty's  government  approve  your  proceedings,  as  re- 
ported in  your  dispatch  of  the  9th  of  November,  with  reference  to  the 
refusal  of  Chinese  government  to  ratify  the  agreement  between  Mr.  Lay 
and  Captain  Osborn.  i 

I  am,  &c, 
(Signed)  RUSSELL 


782  TREATY    OF    WASHINGTON. 

ISTo.  8. 

Sir  F.  Bruce  to  Earl  Russell. 

[Extract.] 

Peking,  November  19,  18C3.    (Received  January  27, 1864.) 

I  have  the  honor  to  inclose  copies  of  various  documents,  forwarded 
to  me  by  Captain  Osborn,  on  the  refusal  of  the  Chinese  government  to 
agree  to  the  conditions  on  which  alone  he  had  consented  to  organize  a 
steam  flotilla  for  the  service  of  the  Emperor  of  China. 

Also,  of  my  correspondence  with  the  Chinese  government  and  with 
Captain  Osborn,  on  the  disposal  of  these  war-vessels,  and  on  the  arrange- 
ment, ultimately  agreed  on,  for  sending  them  and  the  officers  and  men 
to  England. 

Thus  far  I  had  taken  no  part  in  the  discussions  between  Mr.  Lay  and 
the  Chinese  government.  Indeed,  I  studiously  avoided  expressing  any 
opinion  on  the  proposals  made  to  them,  for  I  felt  much  embarrassment  as 
to  the  answer  I  should  be  compelled  to  give  if  the  Chinese  government 
put  the  question  to  me,  Are  we  bound  to  ratify  this  agreement  against 
our  convictions  ?  I  foresaw,  also,  that  if  I  were  to  attempt  to  extort 
their  assent  against  their  will,  the  question  would  become  a  political 
one,  for  the  Chinese  would  certainly  have  consulted  the  other  foreign 
ministers,  and  in  spite  of  their  wish  to  act  with  me  in  a  friendly  and 
large  spirit,  I  could  not  expect  their  support  in  any  attempt  to  impose 
this  scheme  upon  them  by  menace.  I  therefore  resolved  to  leave  the 
matter  to  be  arranged,  if  possible,  by  the  Chinese  themselves  with 
[686]  their  agent  and  *  Captain  Osborn,  and  to  protract,  in  the  interest 
of  the  scheme,  the  suspense  in  which  they  were  held  as  to  my 
opinion  and  intentions. 

During  this  period  I  had  two  interviews  with  the  foreign  board.  In 
neither  did  they  allude  to  the  flotilla,  and  I  imitated  their  reserve.  Our 
conversation  turned  on  the  dangers  arising  from  the  employment  of 
foreign  adventurers  by  the  local  governors,  and  on  the  impossibility  of 
foreign  officers  of  character  being  induced  to  serve  the  Chinese  by  land 
or  sea,  unless  they  held  formal  commissions  from  the  central  govern- 
ment, and  unless  they  were  secured  against  the  caprice  and  jealousy  of 
the  provincial  authorities.  In  fact,  this  was  the  line  of  observation 
most  likely  to  induce  the  government  to  accede  to  Captain  Osborn's 
terms ;  for  if  they  and  the  provincial  governors  had  felt  convinced  that 
they  would  be  deprived  of  the  foreign  element  which  has  gained  for 
them  all  their  late  successes  near  Shanghai,  and  would  have  to  rely  on 
purely  Chinese  resources,  they  would  have  had  a  strong  inducement  to 
agree  for  the  moment  to  the  conditions  proposed.      * 

So  long  as  governors  can  obtain  on  their  own  terms  foreign  officers 
and  steamers  officered  by  foreigners  sufficient  to  repel  the  insurgents,  it 
is  idle  to  expect  that  the  government  at  Peking  will  undertake  the 
organization  of  an  imperial  force  either  on  land  or  on  the  sea,  and  there- 
by relieve  local  governors  from  the  responsibility  of  maintaining  tran- 
quillity in  their  provinces,  which  is  the  established  principle  of  Chinese 
administration.  Of  their  reluctance  to  make  this  change  in  their 
system,  we  have  abundant  proof  in  the  abandonment  of  foreign  drill 
at  Tientsin,  in  their  refusal  to  engage,  under  contract,  French  drill- 
instructors,  or  to  accept  the  gratuitous  services  of  officers  whom  the 
Russian  government  offered  to  lend  them  for  that  purpose. 

It  was  now,  however,  incumbent  on  me  to  interfere  directly,  and  the 


BRITISH    CASE    AND     PAPERS.  783 

first  step  I  took  was  to  inform  the  Chinese  government  that  I  could  not 
consent  to  hand  over  the  ships  to  them  without  instructions  from  Her 
Majesty's  government.  My  reasons  for  taking  this  step  were,  that  the 
ships  wet©  held  as  security  by  Captain  Osborn  for  fulfillment  of  the 
terms  agreed  on  by  the  men ;  that  the  latter  were  entitled  to  be  sent 
home,  and  that  it  was  not  quite  clear  whether  they  were  to  be  paid  up 
to  the  time  of  their  arrival  in  England  or  up  to  the  30th  of  August  next. 
Moreover,  these  ships  are  not  of  a  kind  that  the  Chinese  could  manage, 
or  that  it  would  be  safe  to  put  in  the  hands  of  the  class  of  foreigners 
who  are  on  board  the  small  steamers  bought  by  the  governor  of  Kiangsoo, 
(about  ten  in  number,)  and  which  have  proved  so  efficient  in  the  opera- 
tions near  Soo-chow.  On  the  other  hand  it  would  not  be  safe  to  sell 
them  on  the  coast,  as  they  might  fall  into  the  hands  of  hostile  Daimios 
in  Japan,  or  be  bought  for  employment  as  confederate  cruisers  in  these 
seas.  The  inclosed  copy  of  a  dispatch  from  the  minister  of  the  United 
States  will  show  that  he  was  alive  to  this  danger ;  and  I  may  add  that 
M.  Berthemy  was  equally  of  opinion  that  the  flotilla  should  not  be  given 
up,  as  there  was  no  means  of  guaranteeing  to  what  purposes  the  ships 
might  be  turned.  It  struck  me  also  that  if  the  Chinese  found  that  they 
could  not  have  the  ships  without  ratifying  the  agreements,  they  might 
perhaps  be  induced  to  reconsider  their  decision ;  and  in  order  to  throw 
away  no  chance  of  inducing  them  to  accept  the  flotilla,  and  to  put 
myself  in  as  good  a  position  as  possible  to  deal  with  the  pecuniary 
difficulties  that  would  ensue  from  its  rejection,  I  took  advantage  of  the 
prince's  reluctance  to  face  an  unpleasant  discussion,  and  declined  the 
interview  proposed  by  Wensiang  unless  the  prince  were  present. 

Having  sent  me  the  inclosed  dispatch,  they  sought  an  interview  with 
the  minister  of  the  United  States,  Mr.  Burlingame,  upon  whose  friendly 
desire  to  arrange  matters  satisfactorily  I  could  thoroughly  rely.  Before 
entering  into  the  subject,  he  required  them  to  state  distinctly  whether 
they  had  definitively  resolved  not  to  ratify  the  agreements  entered  into 
with  Captain  Osborn.  They  replied  in  the  affirmative,  adding  that  it 
was  impossible  for  them,  in  the  face  of  opinion  in  China,  to  take  the 
direction  of  the  flotilla  out  of  the  hands  of  the  local  authorities,  or  to 
ratify  conditions  which,  to  use  their  own  phrase,  would  deliver  them 
over,  bound  hand  and  foot,  to  Mr.  Lay. 

Mr.  Burlingame,  in  three  protracted  interviews,  argued  the  question  « 
at  great  length,  in  order  to  ascertain  whether  any  feasible  scheme 
could  be  hit  upon  which  would  meet  their  objections  and  enable  the 
flotilla  to  act ;  but  finding  that  the  points  on  Avhich  they  differed  with 
Captain  Osborn  were  such  as  to  render  a  compromise  impracticable, 
Mr.  Burlingame  advised  them  to  state  their  reasons  fully  for  not  ratify- 
ing the  agreement,  to  thank  Her  Majesty's  government  and  Captain 
Osborn  for  what  had  been  done  on  their  behalf,  and  to  request  me  to 
have  the  vessels  returned  to  England  under  Captain  Osborn,  to  be 
there  sold,  the  proceeds,  after  discharging  all  liabilities,  to  be  remitted 
to  the  Chinese  government.  This  advice  was  followed  to  the  letter,  as 
your  lordship  will  see  by  the  inclosed  dispatch ;  and  the  Chinese, 
[687]  of  their  own  accord,  and  *  without  a  suggestion  from  any  one, 
added  that  they  wished  Captain  Osborn  to  accept  10,000  taels 
(£3,300)  in  consideration  of  the  labor  entailed  upon  him  by  this  flotilla. 
To  this  letter  I  returned  the  reply,  of  which  copy  is  inclosed. 

I  think  the  arrangement  proposed,  in  consequence  of  which  the  ves- 
sels are  to  leave  China  at  once,  is  more  advantageous  to  all  parties  than 
the  one  I  originally  suggested,  for  expense  is  thereby  avoided,  and  the 
danger  obviated  of  keeping  a  large  number  of  men  on  the  coast  in  a 


784  TREATY    OF   WASHINGTON. 

state  of  idleness,  and  subject  to  no  sufficient  authority,  during  the  period 
that  must  have  elapsed  before  instructions  from  England  could  have 
been  received.  Captain  Osborn  takes  two  vessels  to  India,  in  the  hope 
of  disposing  of  them  there,  and  the  rest  will  sail  for  England  as  soon  as 
the  necessary  arrangements  can  be  made. 

I  cannot  express  too  strongly  my  sense  of  the  friendly  and  valuable 
assistance  rendered  by  Mr.  Burlingarne  in  bringing  about  an  arrange- 
ment which  provided  satisfactorily  for  all  the  interests  concerned,  and 
in  such  a  manner  as  not  to  compromise  those  friendly  relations  which  I 
am  so  anxious  to  maintain  with  this  government ;  and  1  think  this  inci- 
dent illustrates  the  importance  of  adhering,  in  China,  strictly  to  a  just 
and  fair  line  of  policy.  The  belief  that  1,  as  British  minister,  would 
respect  the  rights  of  the  Chinese,  and  that  I  would  not  force  the  flotilla 
upon  them  from  selfish  political  considerations,  induced  my  colleagues  to 
abstain  from  interfering  while  the  question  was  under  discussion,  and 
thereby  secured  for  the  flotilla  a  deliberate  and  unfettered  consideration 
on  the  part  of  the  Chinese  government ;  and  I  am  certain  that  this 
course  was  more  favorable  to  the  success  of  the  scheme,  had  success 
been  possible,  than  any  other  that  could  have  been  adopted.  It 
appeared  to  me  also  that  I  Should  not  have  been  justified  in  taking  a 
more  active  part,  for  I  had  reason  to  believe  that  your  lordship  had  no 
cognizance  of  the  undertaking  of  so  novel  a  character  entered  into  by 
Mr.  Lay  with  Captain  Osborn ;  and  the  absence  of  instructions  was  to 
me  a  significant  proof  that  Her  Majesty's  government  had  no  intention 
of  being  a  party  to,  or  responsible  for,  the  arrangements  under  which 
the  operations  of  the  flotilla  were  to  be  conducted.  Had  the  Chinese 
voluntarily  accepted  the  squadron,  the  onus  of  the  difficulties  it  would 
have  encountered  would  have  rested  on  the  Chinese  government ;  but 
the  burden  would  have  been  thrown  on  Her  Majesty's  government  by 
the  Chinese,  and  with  justice,  had  it  appeared  that  this  flotilla,  exclu- 
sively British  in  its  character,  directed  by  British  officers  and  agentsr 
and  imposed  by  British  pressure,  was  acting  under  a  Chinese  flagr 
which  the  Chinese  government,  contrary  to  its  wishes,  had  been  com- 
pelled to  hoist  on  board  the  ships. 

Moreover,  the  Chinese  government  has  latterly  shown  its  inability  or 
indisposition  to  carry  out  the  various  suggestions  I  made  for  strength- 
ening the  central  power,  of  which  the  flotilla  is  only  one,  and  it  was 
evident  that  there  was  no  disposition  on  the  part  of  the  Chinese  to  incor- 
porate it  into  their  system,  so  as  to  subserve  the  general  purposes  of 
police  and  revenue;  but  that,  if  forced  to  accept  it,  they  would  have 
directed  it  against  Nanking,  and  would  then  have  left  it  to  be  disor- 
ganized by  the  ill-will  and  intrigues  of  the  provincial  authorities.  Putting 
aside  the  consideration  that  Her  Majesty's  government  would  not  have 
assisted  in  the  formation  of  the  force  had  this  been  the  only  object  con- 
templated, I  must  observe  that  such  a  course  would  have  been  full  ot 
danger  to  our  trade. 

In  fact,  this  flotilla  ought  to  have  been  designed  to  carry  out  the  rev- 
enue laws  and  to  assist  in  suppressing  piracy.  Less  formidable  and  ex- 
pensive vessels  would  have  been  sufficient  for  these  purposes,  and  they 
would  have  been  at  the  same  time,  though  in  a  subordinate  degree,  of 
much  use  in  assisting  military  operations.  Whereas  a  purely  war 
squadron  was  provided,  with  officers  who  looked  to  actions  Weclat  and. 
not  to  the  disagreeable  and  prosaic  task  of  stopping  smugglers  and 
robber-junks.  And  further,  if  it  was  considered  necessary  that  the 
flotilla  should  be  taken  out  of  the  hands  of  the  government  who  paid 
for  it,  and  the  exclusive  control  over  its  operations  vested  in  its  foreign 


BRITISH    CASE    AND     PAPERS.  785 

commander  and  the  foreign  agent  employed  in  procuring  it,  these  condi- 
tions, of  so  singular  a  nature,  ought  to  have  been  submitted  and  agreed 
to  before  the  vessels  were  allowed  to  sail  for  China. 

I  owe  it  to  Captain  Osborn  to  state  that  he  has  shown  great  sagacity 
in  appreciating  the  situation,  and  the  most  honorable  spirit  in  the  course 
he  has  pursued.  In  spite  of  the  great  pecuniary  advantages  secured  to 
him  he  would  not  consent  to  any  compromise  which  might  hereafter 
place  him  in  a  false  position  or  involve  his  country  in  embarrassment. 

I  have  only  to  request  your  lordship's  indulgent  consideration  amid  so 

many  difficulties,  and  to  beg  that  Her  Majesty's  government  will  enable 

me  to  redeem  my  pledge  to  the  Chinese  government,  and  that 

[688]    every  assistance  may  be  given  in  the  ^disposal  of  the  ships  and 

their  armament,  in  order  that  the  loss  entailed  upon  them  may 

be  as  light  as  possible. 


[Inclosure  1  in  ~No.  8.] 

Sir  F.  Bruce  to  Prince  of  Kung. 

Peking,  October  20,  1863. 
Sir  :  I  am  informed  by  Captain  Osborn  that,  in  consequence  of  the  refusal  of  your 
imperial  highness  to  ratify  the  agreements  entered  into  by  your  agent,  Mr.  Lay,  with 
that  officer,  he  is  about  to  disband  the  force  engaged  in  England  for  the  service  of  the 
Emperor  of  China. 

As  Her  Majesty's  government  took  an  active  part  in  promoting  the  equipment  of  the 
vessels  composing  it,  and  certainly  would  not  have  consented  to  the  organization  of  the 
squadron  had  it  not  felt  satisfied  as  to  the  prudence  and  high  character  of  the  officer 
under  whose  command  it  was  to  be  placed,  it  is  my  duty  to  report  what  has  taken  place 
to  Her  Majesty's  government,  and  to  request  instructions  as  to  the  disposal  of  the  ships 
and  stores.  I  have  informed  Captain  Osborn,  therefore,  that  they  are  to  be  detained 
until  those  instructions  are  received. 
I  have,  &c, 
(Signed)  F.  W.  A.  BRUCE. 


[Inclosure  2  in  No.  8.] 
Sir  F.  Bruce  to  the  Prince  of  Kung. 

Peking,  November  6,  1863. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  imperial  highness's  dis- 
patches of  25th  October  and  2d  November,  inclosing  papers  connected  with  the  steam 
flotilla,  and  stating  the  reasons  which  have  weighed  with  your  imperial  highness  in 
declining  to  ratify  the  proposed  agreements. 

Your  imperial  highness  will  have  observed  that  I  have  maintained  the  strictest 
reserve  while  this  question  was  under  discussion.  It  was  for  China  and  China  alone  to 
decide  for  herself  on  a  matter  so  intimately  conuected  with  her  internal  administra- 
tion, and  I  should  have  acted  contrary  to  the  spirit  in  which  I  am  instructed  to  conduct 
the  relations  of  Great  Britain  with  China,  had  I  endeavored  to  press  its  acceptance 
against  the  convictions  of  your  imperial  highness,  after  the  long  and  full  discussion  the 
subject  has  undergone.  The  British  government,  in  the  belief  that  this  scheme  had 
met  with  your  imperial  highness's  approval,  had  placed  ships,  officers,  and  men  at  your 
disposal ;  but  it  certainly  did  not  intend  to  force  them  on  your  acceptance,  in  the  event 
of  your  deciding  that  the  conditions  on  which  alone  this  force  could  act  were  such  as 
you  could  not  agree  to.  I  shall  not,  therefore,  discuss  the  arguments  advanced  in  your 
imperial  highness's  dispatch,  on  which  it  is  not  my  province  to  pronounce  any  opinion, 
and.  I  shall  confine  myself  to  expressing  my  sincere  regret  that  the  details  of  this 
scheme  were  not  communicated  to  your  imperial  highness  before  the  expedition  left 
England,  as  much  expense  and  embarrassment  would  have  been  thereby  avoided. 

My  duty  in  this  matter  is  to  assist  your  imperial  highness,  as  far  as  possible,  in  find- 
ing a  way  out  of  these  difficulties,  and  I  have  much  pleasure  in  acknowledging  the 
just  and  liberal  spirit  in  which  your  imperial  highness  is  disposed  to  treat  the  claims 

H.  Ex.  282,  vol.  ii 50 


786  TREATY    OF   WASHINGTON. 

of  the  officers  and  men  engaged  to  serve  in  these  vessels.  A  question  may  arise  on  the 
contracts  entered  into  with  these  men  as  to  the  date  up  to  which  they  are  entitled  to 
be  paid,  namely,  whether  up  to  the  30th  August  of  next  year  or  only  up  to  the  time  of 
their  arrival  in  England.  This  question  I  have  no  power  to  decide ;  hut  as  I  am 
anxious  that  the  Chinese  government  should  he  put  to  no  unnecessary  expense,  I  have 
instructed  Captain  Oshorn  that  he  is  to  take  the  opinion  of  a  competent  legal  authority 
on  the  point,  and  to  he  guided  by  it.  He  is  also  to  dispose  of  the  vessels  on  the  most 
advantageous  terms,  and  remit  the  balance,  after  payment  of  expenses,  to  the  Chinese 
government.  I  can  assure  your  imperial  highness  that  you  may  have  full  confidence 
in  him,  and  that  after  the  handsome  manner  in  which  he  has  been  treated  by  your 
imperial  highness,  no  effort  on  his  part  will  be  wanting  to  justify  it. 

As  there  may  be  some  difficulty  in  providing  the  funds  necessary  for  the  winding  up 

of  this  affair,  I  will  instruct  the  consuls  to  advance  what  may  be  required  out 
[689]     of  *the  forthcoming  payments  on  account  of  the  indemnity,  the  sum  thus 

advanced  to  form  a  lien  on  the  ships,  and  to  be  repaid  out  of  the  proceeds  of 
the  sale.  I  feel  assured  that  Her  Majesty's  government  will  appreciate  the  considerate 
spirit  in  which  your  imperial  highness  has  acted,  and  will  willingly  assist  Captain 
Osborn  in  carrying  out  his  instructions. 


[Inclosure  3  in  JSo.  8.1 

Sir  F.  Bruce  to  Captain  Osborn,  November  6,  1863. 

[See  Inclosure  4  in  No.  3.] 


[Inclosure  4  in  ^No.  8.] 
Mr  Burlingame  to  Sir  F.  Bruce. 

Peking,  November  7, 1863. 

Sir:  When  the  Chinese  government  refused  the  doings  of  its  agent,  Mr.  Lay,  and 
there  was  nothing  left  for  Captain  Osborn  but  to  dissolve  the  force  of  the  flotilla,  the 
question  was,  how  it  could  be  done  with  safety.  I  feared  that  the  ships  might  fall 
into  the  hands  of  the  confederates,  who  are  supposed  to  have  agents  in  China,  and  then 
there  was  the  common  apprehension  from  lawless  men  on  the  coast  in  the  interest  of 
the  Taepiugs,  as  well  as  from  pirates,  and  the  desire  of  the  Daimios  in  Japan  to  pro- 
cure steamers  at  any  price. 

It  was  clear  that  the  Chinese  could  do  nothing  of  themselves  with  the  steamers,  and 
that  unless  something  were  done  by  you,  they  would  certainly  fall  a  prey  to  one  of 
these  several  dangers.  In  my  solicitude,  on  account  of  the  rebels  in  my  own  country, 
I  made  an  earnest  protest  against  the  delivery  of  the  ships  to  the  Chinese.  You  re- 
sponded, in  that  spirit  of  comity  which  has  ever  distinguished  our  relations,  that  the 
ships  should  be  taken  back  to  England,  and  that  no  effort  on  your  part  should  be 
spared  to  prevent  them  from  taking  a  direction  against  the  interests  of  my  country. 

Though  subsequent  events  made  it  necessary  for  the  ships  to  take  the  direction  in- 
dicated by  the  desire  of  the  Chinese  themselves,  still  I  should  be  wanting  in  apprecia- 
tion of  your  conduct  did  I  not  mark  it  with  my  most  heart-felt  thanks,  and  at  as  early 
a  period  as  possible  bring  it  to  the  attention  of  my  Government. 
I  have,  &c, 
(Signed)  -  A.  BURLINGAME. 


No.  9. 

Earl  Russell  to  Sir  F.  Bruce. 

Foreign  Office,  February  15,  1864. 
Sir  :  I  have  received  your  dispatch  of  November  19,  in  closing  copies 
of  correspondence  connected  with  the  refusal  of  the  Chinese  govern- 
ment to  confirm  the  arrangements  made  by  Mr.  Lay  in  regard  to  the 
vessels  to  be  empldyed  in  their  service  under  the  command  of  Captain 


BRITISH   CASE    AND    PAPERS.  787 

Sherard  Osborn,  and  reporting  the  course  you  had  yourself  pursued 
with  reference  to  this  matter ;  and  I  have  to  acquaint  you  that  Her 
Majesty's  government  entirely  approve  of  your  conduct  in  this  respect. 

I  have,  &c. 

(Signed)  BUSSELL. 


No.  10. 
Captain  Osborn  to  Earl  Russell. 

Erith,  Kent,  February  29,  1864.     (Eeceived  March  1.) 

My  Lord  :  I  have  the  honor  to  report  my  arrival  in  England,  in  the 
execution  of  the  instructions  of  Her  Britannic  Majesty's  minister 
[690]    in  China,  (dated  November  6th,  1863,)  *a  copy  of  which  I  for- 
warded to  your  lordship  in  my  letter  from  Shanghai  of  Novem- 
ber 23d,  1863. 

In  these  instructions  Sir  Frederick  Bruce  says :  "  I  have,  therefore, 
to  request  that  you  will  take  charge  of  the  vessels  and  men,  with  a  view 
to  the  disposal  of  the  former  in  England  or  India,  as  you  think  best. 
The  officers  and  men  to  be  sent  home,  and  to  be  paid  up  to  their  arrival 
in  England." 

Instead,  therefore,  of  disbanding  the  force  upon  the  spot,  paying  the 
officers  and  men  a  gratuity  of  three  months'  pay,  and  sending  the  men 
home  as  passengers,  according  to  the  terms  of  their  agreement  with  the 
Chinese  government,  I  was  compelled  to  take  the  following  measures  : 

I  dispatched  to  England  the  four  vessels  named  in  the  margin,1  with 
the  major  portion  of  the  force,  consisting  of  338  souls,  as  well  as  all  the 
reserve  munitions  of  war. 

I  directed  the  naval  stores,  disembarked  at  Shanghai,  to  be  offered 
for  the  use  of  Her  Britannic  Majesty's  forces  in  China,  and  what  they 
did  not  require  was  to  be  sold  and  accounted  for  to  me.  I  carried  the 
remaining  vessels  (vide  margin)2  to  Bombay,  and  dispatched  the  crews, 
consisting  of  120  souls,  as  passengers  to  England.  At  Bombay  I  was 
advised  not  to  risk  a  breach  of  the  law  by  selling  ships  of  war,  as 
agents  of  the  American  belligerents  were  known  to  be  there  ready  to  bid 
for  my  vessels,  and  his  excellency  the  governor  relieved  me  to  some  ex- 
tent from  the  difficulty  by  allowing  the  vessels  to  land  all  their  guns  and 
arms  in  the  royal  arsenal,  but  he  could  not  assume  the  responsibility  of 
the  charge  of  the  vessels  until  he  had  been  instructed  to  do  so  by  higher 
authorities.  I  had,  therefore,  to  leave  three  officers  and  a  dozen  men  in 
charge,  and  hasten  to  England  for  instructions. 

In  the  first  place,  I  have  to  request  that  you  will  be  pleased  to  inform 
me  whether  your  lordship  wishes  me  to  carry  out  Sir  Frederick  Bruce's 
instructions,  for,  of  course,  from  the  time  of  my  arrival  in  England,  I 
no  longer  consider  myself  in  the  service  of  the  Emperor  of  China,  and 
I  should  have  declined  the  onerous  and  disagreeable  task  imposed  upon 
me,  had  any  one  except  the  British  ambassador  to  China  called  upon  me 
to  execute  it.  ^ 

Should  your  lordship  be  of  opinion  that  I  ought  to  continue  to  dispose 
of  the  ships  and  their  crews,  &c,  I  would  submit  that  as  all  the  vessels 
are  decidedly  efficient  ships  of  war,  and  it  would  be  unwise,  if  not  ille- 
gal, to  sell  them  to  private  parties,  that  I  should  put  myself  in  commu- 
nication with  the  lords  commissioners  of  the  admiralty,  so  as  to  arrange 
a  transfer  to  that  department. 

1  Peking,  6  guns;  China,  6  guns ;  Tien-tsin,  6  guns  ;  Ballarat,  store-ship. 
3  Keang-soo,  6  guns ;  Kwang-tung,  4  guns  j  Anioy,  2  guns ;  Thule,  yacht. 


788 


TREATY   OF   WASHINGTON. 


Should  the  admiralty  approve,  and  be  willing  to  receive  the  vessels, 
I  would  submit  that  the  simplest  mode  of  transfer,  so  as  not  to  interfere 
with  the  estimates  for  the  current  year,  would  be  to  write  off  the  value 
of  the  ships  against  the  indemnity  due  to  Great  Britain  on  account  of 
the  last  war. 

The  munitions  of  war  sold  to  the  Chinese  government,  and  bearing 
the  British  government  marks,  cannot,  I  presume,  be  resold  with  the 
risk  of  their  figuring  in  America  or  Denmark,  and  in  that  case  I  would 
beg  to  receive  receipt  for  them  as  they  are  returned  into  the  arsenal  at 
Woolwich,  and  that  the  value  of  the  said  munitions  of  war  may  be 
likewise  set  off  against  the  indemnity. 

Touching  the  legal  opinion  which  Sir  Frederick  Bruce  desires  me  to 
procure,  as  to  the  pecuniary  claims  of  the  crews  upon  the  terms  of  their 
agreement  with  the  agent  oJLthe  Chinese  government,  I  have  to  request 
that  I  may  be  authorized  to  consult  Her  Majesty's  attorney- general,  so 
as  to  avoid  mixing  up  political  opinions  (as  some  lawyers  appear  to  me 
inclined  to  do)  with  mere  questions  of  justice  to  a  body  of  officers  and 
men  who  merit  my  best  efforts  on  their  behalf. 

The  anticipated  arrival  in  March  of  several  vessels  of  the  force,  the 
expense  nowT  incurred  in  the  detention  of  the  officers  and  men  at  Bom- 
bay, as  well  as  my  anxiety  to  hasten  an  audit  of  the  accounts  connected 
with  the  force,  and  to  be  relieved  to  some  extent  of  the  great  responsi- 
bility thrust  upon  me,  will,  I  trust,  plead  as  my  best  excuse  in  begging 
your  lordship  to  favor  me  with  an  early  reply. 

I  have  finally  to  inclose  a  memorandum   showing  the  approximate 
value  of  the  vessels,  and  of  the  munitions  of  war,  and 
I  have,  &c, 
(Signed)  SHERABD  OSBOBK 


[  691  ]  *  [Inclosure  in  No.  10.  ] 

Approximate  value  of  vessels  of  war  belonging  to  the  late  European- Chinese  naval  force. 


Keang-soo  .- 
Kwang-tung 

Amoy 

Peking 

China   

Tien-tsin  . . . 


Paddle-wheel 

Ditto 

Screw.. 

Ditto  (late  Mohawk ) 
Ditto  (late  Africa).. 
Ditto 


Wood 
Iron  . 
Wood 
Ditto. 
Ditto. 
Iron  . 


Tons. 

1,015 
523 
301 
679 
669 
445 


Value  of  ordnance,  &c,  as  supplied  by  British  gov- 
ernment :  £        s.  d. 

To  Keang-soo 3,478    8    5 

ToKwang-tung 2,250  14    4 

To  Amoy 1,657    8  10 

To  Peking .- 3,449  17    9 

ToChina 3,437    5    8 

ToTien-tsin 1,788  12    8 

Additional  stores 1,954  11    4 

Ditto 2,924  15    6 

20,941  14    6 

Less  stores  returned 16    5  11 

Total 


£  s.  d. 

45,500  0  0 

20,000  0  0 

9,000  0  0 

23,000  0  0 

32,000  0  0 

15,000  0  0 


144,500  0  0 


20,925  8  7 


165,425  8  7 


(Signed) 


SHERARD  OSBORN,  Captain, 


BRITISH    CASE    AND    PAPERS.  789 

No.  11. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  March  3,  1864. 
Sir  :  I  am  directed  by  Earl  Eussell  to  transmit  to  you,  to  be  laid  be- 
fore the  lords  commissioners  of  the  admiralty  for  their  consideration,  a 
copy  of  a  letter  from  Captain  Sherard  Osborn,1  suggesting  that  the  ves- 
sels which  formed  the  late  Anglo-Chinese  fleet,  under  his  command, 
should  be  transferred  to  Her  Majesty's  government.  I  am  to  add  that 
Earl  Eussell  is  in  communication  with  the  attorney  and  solicitor  general 
with  regard  to  the  pecuniary  claims  of  the  crews  of  those  vessels. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  12. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  March  8, 1864.  (Eeceived  March  9.) 
Sir  :  With  reference  to  your  letter  of  the  3d  instant,  transmitting  a 
copy  of  a  tetter  from  Captain  Sherard  Osborn,  suggesting  that  the  ves- 
sels which  formed  the  (late)  Anglo-Chinese  fleet  under  his  command, 
should  be  transferred  to  Her  Majesty's  government,  I  am  commanded 
by  my  lords  commissioners  of  the  admiralty  to  request  that  you  will 
state  to  Earl  Eussell  that  the}7  perceive  that  both  in  China  and  in  India 
Captain  Osborn  was  advised  that  it  would  be  contrary  to  the  policy  of 
this  country  that  these  vessels  should  be  sold  at  any  ports  of  those 
countries,  aud  he  has  accordingly  taken  the  steps  detailed  in  this  letter 
of  the  29th  ultimo. 

My  lords  would  therefore  be  glad  to  know  whether  Lord  Eussell  con- 
curs in  the  views  of  Sir  F.Bruce  andthe  governor  of  Bombay ;  and  whether 
he  considers  that  the  vessels  should  be  purchased  by  this  department, 
if  they  should  be  considered  useful  to  Her  Majesty's  service.     If  his 
lordship  should  be  of  this  opinion,  my  lords  will  give  the  necessary  or- 
ders for  ascertaining  the  fitness  of  the  vessels  for  Her  Majesty's 
[692]    service ;  *and  they  request  that  Captain  Osborn  be  desired  to 
place  himself  in  communication  with  the  controller  of  the  navy 
on  the  subject. 
I  am,  &c, 
(Signed)  W.  G.  EOMAIXE. 


No.  13. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  March  10,  1864. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  the  9th  instant, 
inquiring  whether  his  lordship  concurs  with  Sir  F.  Bruce  and  the  gov- 
ernment of  Bombay  in  thinking  that  it  would  be  desirable  that  these 

1  No.  10. 


790  TREATY    OF    WASHINGTON. 

vessels,  comprising  the  late  Anglo-Chinese  fleet,  should  be  purchased 
by  the  admiralty,  and  I  am  to  request  that  you  will  inform  the  lords 
commissioners  of  the  admiralty,  in  reply,  that  Lord  Russell  is  of  that 
opinion,  provided  the  vessels  are  all  considered  useful  for  Her  Majesty's 
service. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  14. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  March  11,  1864.     (Eeceived  March  12.) 
Sir  :  With  reference  to  your  letter  of  the  10th  instant,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  request  that  you 
will  state  to  the  secretary  of  state  for  foreign  affairs  that,  so  soon  as  "the 
result  of  the  survey  of  the  Angk>-Chiuese  fleet  is  received,  their  lord- 
ships will  be  prepared  to  state  the  course  they  will  pursue  with  regard 
to  the  purchase  or  not  of  the  vessels. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 


No.  15. 

Captain  .Osborn  to  Earl  Russell. 

Erith,  Kent,  March  19,  1864.  (Eeceived  March  19.) 
My  Lord  :  With  reference  to  my  letter  of  the  29th  February  last,  I 
have  the  honor  to  inclose  copies  of  all  letters  which  have  passed  between 
me  and  the  Bombay  government  relative  to  the  charge  of  the  ships, 
part  of  the  late  Chinese  fleet  now  at  Bombay,  and  to  acquaint  you  that 
by  the  last  mail  I  was  informed  that  the  government  of  India  have  con- 
sented to  take  charge  of  these  vessels  until  the  pleasure  of  Her  Majes- 
ty's government  is  known. 

I  have,  &c, 

(^igned)  SHEEAED  OSBOEN. 


[Inclosure  1  in  ~No.  15.] 

Captain  Osborn  to  Lieutenant- Colonel  Marriott. 

Keang-soo,  at  Bombay,  Januury  14,  1864. 
Your  Excellency  :  I  have  the  honor  to  inclose  for  your  information,  a  copy  of  a 
letter  from  Her  Majesty's  minister  in  Peking,  containing  the  instructions  under  which 
I  have  brought  the  four  vessels  named  in  the  margin1  to  this  presidency.  I  find  on  my 
arrival  here  that  it>  would  be  illegal  to  sell  ships  of  war  constructed  in  Great  Britain, 
and  still  more  so  to  dispose  of  guns,  powder,  and  munitions  of  war,  which  I  purchased 
from  Her  Majesty's  ordnance  department,  for  the  especial  use  of  the  Emperor  of  China. 

Under  these  circumstances  I  have  to  request  that  you  will  be  graciously  pleased 
[693]  to  ^authorize  me  to  land  the  guns,  powder,  and  munitions  of  war,  in  the  arsenal, 

receiving  the  receipts  for  the  same  ;  and  that  I  may  be  allowed  to  handover  the 
charge  of  the  vessels  and  stores  to  the  dock-yard  authorities,  whilst  I  proceed  to  En- 
gland and  ascertain  the  final  decision  of  Her  Majesty's  government. 

I  have,  &c, 

(Signe  )  SHERARD  OSBORN. 

1Keang-soo,  Kwang-tung,  Amoy,  Thule. 


BRITISH    CASE    AND    PAPERS.  791 

[Inclosure  2  in  "No.  15.] 
Lieutenant- Colonel  Marriott  to  Captain  Osborn. 

Bombay  Castle,  January  16,  1864. 
Sir  :  I  am  desired  to  acknowledge  the  receipt  of  your  letter  of  the  14th  instant,  and 
to  state,  in  reply,  that  his  excellency  in  council  assents  to  your  landing  all  warlike 
stores  of  a  non-perishable  character  in  the  arsenal  or  dock-yard,  and  to  your  making 
every  preparation  to  make  over  the  vessels  to  the  care  of  the  superintendent  of  marine , 
provided  the  government  of  India,  to  whom  a  copy  of  your  letter  and  this  reply  will 
be  immediately  sent,  make  no  objection. 

2.  Copies  of  your  letter,  and  of  this  reply,  will  also  be  sent  to  the  superintendent  of 
marine  and  to  the  inspector-general  of  ordnance. 
I  have,  &c>, 
(Signed)  W.  F.  MARRIOTT. 

P.  S. — The  governor  in  council  directs  me  to  request  that  you  will  have  the  goodness 
to  state  what  price  has  been  put  upon  the  vessels. 

W.  F.  M. 


[Inclosure  3  in  Xo.  15.] 

Captain  Osborn  to  Lieutenant- Colonel  Marriott. 

Keang-soo,  at  Bombay,  January  23,  1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  16th  instant, 
and  with  reference  to  the  query  contained  in  the  postscript,  I  beg  to  inclose  the  follow- 
ing memorandum,  for  the  information  of  his  excellency  the  governor  in  council ;  at  the 
same  time  I  hardly  think  it  would  be  right  for  me  to  couclude  my  sale  or  transfer  of 
the  vessels  without  reference  to  the  admiralty  or  the  secretary"  of  state  for  foreign 
affairs. 

(Signed)  SHERARD  OSBORN. 


792 


TREATY    OF   WASHINGTON. 


* 


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i 

a 

a 

Built  by  John  White, 
of    Cowes,    in  June, 
1863 ;     a     diagonally 
built  vessel,  can  carry 

4UU  men  on  deck. 

Built  by  Laird  Brothers, 
of  iron,  with  engine- 
room  shell-proof,  with 
a  rainbow. 

Purchased  from  the  Ad- 
miraltyfor  £8,000,  but 
afterward  fitted  with 
condensers  and  re- 
coppered. 

00 

o 

o 

£45,500,  with- 
out the  ar- 
mament. 

£20,000,with- 
out  the  ar- 
mament. 

£9,000,  with- 
out  the  ar- 
mament. 

-+3 

© 

1 
1 

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Two  heavy  pivot- 
guns,  and  four 
broadside  guns; 
crew,  120  men. 

Two  heavy  pi  vot- 

guns,  and  four 
roadside  guns; 
crew,  100  men. 
Two  heavy  pivot- 
guns    arid   two 
howitzers. 

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BRITISH    CASE    AND    PAPERS.  793 

[695]  *[Inclosure  5  in  Ko.  15.] 

Lieutenant-Colonel  Marriott  to  Captain  Osborn. 

[Telegraphic] 

Bombay  Castle,  January  2,  1864. 
Reply  to  your  dispatch  of  yesterday,  dated  16th  instant.     Provide  arrangement  for 
deposit  of  Captain  Osborn's  stores  and.  ships  at  Bombay;  entail  no  ultimate  expense  on 
the  India  government ;  it  is  left  to  the  government  of  Bombay  to  decide  what  facilities 
may  be  allowed  to  him  in  the  matter. 

Besolution — Copy  of  this  to  be  sent  for  the  information  of  the  superintendent  of  marine 
and  of  the  senior  officer  with  the  Anglo-Chinese  squadron. 


Ko.  16. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  March  29,  1864.   (Received  March  30.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  send  you  herewith,  for  the  information  of  Earl  Russell,  a  copy  of  a 
letter  from  Commodore  Montresor,  dated  the  26th  of  February,  respect- 
ing the  disposal  of  the  vessels  forming  a  part  of  the  late  Anglo-Chinese 
squadron  at  Bombay. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 

P.  S. — My  lords  have  approved  of  the  proceedings  of  Commodore  Mon- 
tresor. 


[Inclosure  in  No.  16.] 

Commodore  Montresor  to  the  secretary  to  the  admiralty. 

Severn,  at  Bombay,  February  26, 1864. 
Sir  :  In  reference  to  your  letter  of  the  11th  of  January,  1864,  containing  their  lordships' 
instructions  relative  to  the  disposal  of  the  vessels  forming  the  late  Anglo-Chinese 
squadron,  and  the  steps  to  be  taken  regarding  them  by  the  government  of  Bombay, 
"  that  every  precaution  should  be  taken  that  may  legally  be  within  their  power  to 
prevent  these  ships,  which  are  understood  to  be  fully  equipped  for  belligerent  pur- 
poses, from  passing,  in  their  present  state,  into  the  hands  of  any  power  or  state  en- 
gaged in  hostility  with  another  power  or  state  in  amity  with  Her  Majesty,"  I  have 
the  honor  to  acquaint  you  that,  on  the  arrival  of  Captain  Osborn  at  this  port,  in  antici- 
pation of  their  lordships'  commands,  I  pointed  out  to  him  the  inconvenience  which 
might  occur  to  government  by  the  sale  of  any  of  his  vessels,  which,  I  also  told  him,  I 
considered,  under  circumstances,  might  be  deemed  illegal,  in  which  he  fully  concurred  ; 
but,  as  he  seemed  to  consider  that  one  of  these  vessels,  from  her  being  unarmed,  and 
merely  fitted  as  a  dispatch-boat,  did  not  come  within  the  category,  in  conjunction 
with  his  excellency  the  governor,  I  strenuously  advised  him  not  to  part  with  this  ves- 
sel either  until  the  decision  of  the  admiralty  should  have  been  declared  thereon. 

3.  I  pointed  out  to  Captain  Osborn  that,  though  not  bona  fide  an  armed  vessel,  she 
had  hoisted  a  pennant,  and  been  bought  and  equipped  for  belligerent  purposes,  and 
that  this  plea  would  certainly  be  adduced  by  the  government  of  any  state  opposed  to 
the  one  in  whose  hands  she  might  fall;  that  her  being  sold  to  agents  of  any  government 
at  feud  with  any  other  might  cause  considerable  embarrassment  and  inconvenience  to 
Her  Majesty's  government. 

4.  In  this  advice  his  excellency  the  governor  fully  concurred,  and  (for  I  have  con- 
sulted his  excellency  on  the  subject)  we  were  both  impressed  with  the  idea  that 
Captain  Osborn  had  given  up  the  intention  of  selling  her,  and  that,  on  her  arrival,  she 
was  to  be  made  over,  together  with  the  other  three  vessels,  to  the  care  of  the  Bombay 
government. 


794  TREATY    OF   WASHINGTON. 

5.  I  should  have  written  to  acquaint  their  lordships  with  my  having  done  so,  hut  as 
Captain  Oshorn  was  to  go  home  by  the  first  packet,  I  thought  it  due  to  him  to  allow 

him  to  make  his  own  report. 
[696]       *6.  His  excellency  in  council  having  requested  me  to  give  my  opinion  as  to 

whether  any  of  these  vessels  would  be  efficient  for  the  exigencies  of  the  Bombay 
government,  I  reported  that,  in  my  opinion,  two  of  them,  the  tdispatch-boat  and  the 
ram,  were  exceedingly  well  adapted  for  that  purpose. 

7.  On  the  evening  of  the  16th  of  this  month  I  was  informed  that  an  advertisement 
had  appeared  in  a  Bombay  paper  stating  that  the  Thule  was  for  sale  by  private  con- 
tract. I  at  once  informed  the  governor  of  this,  and  I  was  requested  by  his  excellency 
to  call  on  him  the  next  day,  which  I  did. 

8.  I  found  the  general-commander-in-chief  at  government-house ;  the  government  had 
had  no  instructions  on  the  subject  either  from  home  or  from  the  supreme  government 
at  Calcttta,  but  on  my  showing  them  the  orders  I  had  received,  and  consulting  together 
on  the  subject,  they  were  of  opinion  that  the  sale  should  be  peremptorily  forbid,  and  an 
order  was  issued  to  that  effect. 

9.  On  the  22d  I  found  the  notification  of  the  intended  sale  was  still  in  the  paper,  and 
I  again  waited  on  his  excellency  to  inform  him  of  this  fact,  which  he  said  he  should 
take  immediate  notice  of. 

10.  On  the  24th,  finding  the  vessel  still  advertised  for  sale,  I  went  to  Mr.  Cruick- 
shank,  the  officer  in  charge,  and  begged  he  would  inform  me  whether  he  intended  to 
proceed  in  this  matter ;  he  said  that  he  had  had  notice  some  days  before  from  govern- 
ment prohibiting  the  sale,  and  that  he  had  written  to  know  upon  what  principle  he 
was  prevented  from  acting  up  to  the  orders  he  had  received  from  Captain  Osborn,  and 
had  that  day  received  an  answer  to  say  his  excellency  the  governor  saw  no  reason  to 
change  his  decision,  in  consequence  of  which  he  should  now  withdraw  the  advertise- 
ment, but  that,  as  he  considered  he  was  strictly  within  the  limits  of  the  law  in  obeying 
the  written  commands  of  Captain  Osborn,  for  her  sale,  which  orders  he  showed  me,  he 
should  protest  against  the  prohibitory  mandate  of  the  government. 

11.  He  further  informed  me  that  his  excellency  having  courteously  offered  to  take 
charge  of  all  four  vessels,  he  had  accepted  the  offer,  and  should  proceed  to  England  by 
the  next  mail. 

12.  The  four  vessels  of  the  late  Anglo-Chinese  navy  are  now  moored  in  the  harbor, 
under  charge  of  the  Bombay  government,  their  arms  and  ammunition  having  been 
landed,  pro  tern.,  in  the  dock-yard. 

I  have,  &c, 

(Signed)  F.  B.  MONTRESOR. 


No.  17. 
Mr.  Merivale  to  Mr.  Hammond. 

India  Office,  April  12, 1864.  (Received  April  12.) 
Sir  :  I  am  directed  to  acknowledge  the  receipt  of  your  letter  of  the 
4th  instant,  inclosing  a  communication  from  the  secretary  to  the  admi- 
ralty, respecting  the  disposal  of  the  vessels  of  the  Anglo-Chinese  navy 
now  at  Bombay,  and  stating  that  Lord  Russell  wishes  to  be  informed 
what  orders  Sir  Charles  Wood  proposes  to  issue  to  the  Government  of 
Bombay  on  the  subject. 

In  reply,  I  am  desired  to  state  that,  in  the  opinion  of  Sir  Charles 
Wood,  it  is,  in  this  instance,  as  has  been  the  case  in  all  former  similar  in- 
stances, for  the  secretary  of  state  for  foreign  affairs  to  communicate  to  the 
secretary  of  state  for  India  the  nature  of  the  instructions  which  it  is  the 
desire  of  Her  Majesty's  government  to  forward  through  this  department 
to  the  government  of  Bombay. 

Sir  Charles  Wood  desires  me  to  inclose,  for  the  consideration  of  Lord 
Russell,  the  accompanying  correspondence  on  the  same  subject,  which 
has  been  received  from  that  government,  and  he  will  wait  for  a  commu- 
nication from  the  foreign  office  of  the  views  of  Her  Majesty's  govern- 
ment, before  sending  any  instructions  to  Bombay. 
I  am,  &c, 
(Signed)  HERMAN  MERIVALE. 


BRITISH    CASE    AND    PAPERS.  795 

[697]  •  *[Inclosurel  in  No.  17. J 

The  governor  of  Bombay  in  council  to  Sir  C.  Wood. 

Bombay  Castle,  March  12,  1864. 

Right  Honorable  Sir  :  We  have  the  honor  to  submit  the  accompanying  corre- 
spondence regarding  the  Anglo-Chinese  squadron,  under  the  command  of  Captain 
Sherard  Osborn,  R.  N. 

In  further  explanation  of  the  steps  taken  by  us  to  prevent  the  sale  of  the  Thule,  we 
beg  to  add  that  we  have  good  reason  to  believe  that  Captain  S.  Osborn  was  followed 
to  Singapore  and  Bombay  by  commissions  to  agents  to  both  the  American  belligerents, 
with  a  view  to  purchasing  any  or  all  of  the  vessels  of  the  squadron. 

2.  We  were  not  aware  till  after  Captain  Osborn  had  left  Bombay  that  he  had 
only  handed  over  three  out  of  the  four  vessels  of  his  squadron  to  the  superintendent 
of  marine. 

3.  Nor  are  we  aware  why  he  excepted  the  Thule.  It  is  true  she  is  at  present 
armed  and  equipped  only  as  a  yacht,  but  we  are  assured  she  is  capable  of  being 
easily  armed  and  converted  into  a  vessel  which  might  inflict  great  injury  on  the 
mercantile  marine  of  a  hostile  power,  and  the  same  reasons  which  induced  Captain 
Osborn  to  refrain  from  parting  with  the  other  vessels  of  his  squadron  to  agents  of  the 
American  belligerents  would,  in  our  opinion,  apply,  though  perhaps  less  strongly,  to 
the  Thule. 

4.  We  solicit  early  instructions  from  Her  Majesty's  government  on  this  subject. 

We  have,  &c, 

(Signed)  H.  B.  E.  VERE. 

W.  B.  MANSFIELD. 

W.  E.  FRERE. 

J.  D.  INVERARITY. 


[Inelosure  2  in  No.  17.] 

Captain  Osborn  to  Sir  H.  Frere,  January  14,  1864. 

[See  inelosure  1  in  No.  15.] 


\ 

[Inclosnre  3  in  No.  17.] 

Mr.  Bruce  to  Captain  Osborn,  November  6,  1863. 

[See  inelosure  4  in  No.  3.] 


flnclosnre  4  in  No.  17.  J 

Lieutenant- Colonel  Marriot  to  Captain  Osborn,  January  16,  1864. 

[See  inelosure  2  in  No.  15.] 


[Inelosure  5  in  No.  17.] 
Lieutenant-  Colonel  Marriot  to  the  secretary  to  the  government  of  Jndia. 

Bombay  Castle,  February  23,  1864. 
Sir  :  With  reference  to  my  telegram  of  this  date,  I  am  desired  to  submit  the  accom- 
panying letters  as  per  margin,1  and  to  request  immediate  orders  thereon  by  the  gov- 
ernment of  India.  « 
I  have,  &c, 
(Signed)  W.  F   MARRIOTT. 

1  Inclosures  1  and  2  in  No.  15. 


796  TEEATY    OF    WASHINGTON. 

[698]  *[Inclosure  6  in  No.  17.  J 

Captain  Osoorn  to  Lieutenant-Colonel  Marriott,  January  23,  1864. 
[See  inclosure  3  in  No.  15.] 


[Inclosure  7  in  No.  17.] 

Memorandum  respecting  steamers  of  European-Chinese  force  now  at  Bombay. 

[See  inclosure  4  in  No.  15.] 


[Inclosure  8  in  No.  17.  J 

Mr.  Wyllie  to  Lieutenant-Colonel  Marriott. 

Fort  William,  January  26,  1864. 
Sir:  Your  letter  dated  the  16th  instant  having,  with  its  inclosures,  been  submitted 
for  the  orders  of  the  right  honorable  the  governor-general  in  council,  I  am  desired  to 
intimate  that  provided  the  arrangements  made  for  the  temporary  deposit  of  Captain 
Osborn's  warlike  stores  and  vessels  at  Bombay  entail  no  ultimate  expense  on  the  Indian 
government,  his  excellency  in  council  willingly  leaves  it  to  the  government  of  Bombay 
to  decide  what  facilities  may  be  allowed  to  Captain  Osborn  in  the  matter. 
I  have,  &c, 
(Signed)  J.  W.  S.  WYLLIE, 

Under  Secretary  to  the  Government  of  India. 


[Inclosure  9  in  No.  17.1 

Lieutenant-Colonel  Marriott  to  Captain  Young. 

Bombay  Castle,  February  17, 1864. 
Sir  :  His  excellency  in  council  having  seen  in  the  newspapers  an  advertisement 
for  the  sale  of  the  Thule,  I  am  desired  to  state  that  her  sale  cannot  be  permitted, 
pending  instructions  from  the  English  government ;  and  his  excellency  in  council  will 
be  much  obliged  by  your  intimating  this  to  Captain  Cruikshank,  and  by  your  obtain- 
ing satisfactory  assurance  from  him  that  no  proposal  for  her  purchase  will  be  enter- 
tained without  reference  to  the  government. 

The  government  is  willing  to  take  charge  of  the  Thule,  as  of  the  other  vessels  of  the 
Anglo-Chinese  squadron. 
I  have,  &c, 
(Signed)  W.  F.  MARRIOTT. 


[Inclosure  10  in  No.  17.] 

Telegram  from  the  secretary  to  the  government  of  India,  foreign  department,  dated  February 

16, 1864. 

Her  Majesty's  government  has  directed  that  every  precaution  that  may  legally  be 
within  the  power  of  the  Bombay  government  be  taken  to  prevent  the  vessels  of  Captain 
Sherard  Osborn's  squadron,  understood  to  be  fully  equipped  for  belligerent  purposes, 
from  passing  in  their  present  state  into  the  hands  of  any  power  or  state  engaged  in 
hostility  with  another  power  or  state  in  amity  with  Her  Majesty.  The  governor- 
general  directs  that  careful  attention  be  paid  to  these  instructions. 


BRITISH    CASE    AND    PAPERS.  797 

[699]  *[Inclosure  11  in  No.  17.  J 

Captain  Young  to  Lieutenant- Colonel  Marriott. 

Superintendent's  .Office, 

Bombay,  February  14,  1864. 
Sir  :  I  have  the  honor  to  forward  the  accompanying  letter  of  this  day's  date  to  my 
address  from  Commander  Cruikshank,  in  reply  to  mine  communicating  to  that  offi- 
cer the  sentiments  of  his  excellency  in  council  contained  in  your  letter  dated  17th 
instant. 

I  have,  &c, 

(Signed)  J.  YOUNG, 

Superintendent  of  Marine. 


[Inclosure  12  in  No.  17.] 

Commander  Cruikshank  to  Captain  Young. 

Keang-SOO,  Bombay  Harbor,  February  18,  1864. 
Sir  :  In  acknowledging  the  receipt  of  your  letter,  No.  296,  of  1864,  I  have  the  honor 
to  request  that  his  excellency  the  governor  will  be  graciously  pleased  to  state  on  what 
grounds  he  placed  his  veto  on  my  disposing  of  the  steamer  Thule,  in  compliance  with 
my  written  instructions  from  Captain  Sherard  Osborn,  R.  N.,  to  that  effect,  and  whose 
name  is  on  the  register  of  that  vessel  as  sole  owner..     I  may  add,  for  his  excellency's 
information,  that  the  Thule  is  a  yacht,  and  not  a  vessel  of  war. 
I  have,  &c, 
(Signed)  •  DONALD  CRUIKSHANK 


[Inclosure  13  in  No.  17.] 

Lieutenant- Colonel  Marriott  to  Captain  Young. 

Bombay  Castle,  February  24,  1864. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  18th  February, 
and,  in  reply  to  Captain  Cruikshauk's  request  to  be  informed  of  the  grounds  on  which 
his  excellency  in  council  thinks  it  right  to  prevent  the  sale  of  the  Thule,  I  am  desired- 
to  say  that  it  is  not  shown  that  Captain  Osborn  is  the  owner  of  the  vessel  in  any  other 
sense  than  that  in  which  he  owns  the  other  vessels  of  the  squadron,  or  that  he  has  any 
private  interest  in  her.  Therefore,  the  mere  fact  of  her  not  beiug  equipped  as  a  vessel  of 
war,  although  capable  of  being  so  equipped,  is  not  sufficient  reason  for  this  government 
to  regard  her  differently  from  the  other  vessels  of  the  squadron  ;  and  the  same  reasons 
which  are  recognized  by  Captain  Osborn  himself  as  a  bar  to  the  sale  of  the  armed  ves-  ■ 
sels,  apply,  in  his  excellency's  judgment,  to  the  sale  of  the  Thule,  pending  instructions 
from  Her  Majesty's  government. 

I  have,  &c, 

(Signed)  W.  F.  MARRIOTT. 


No.  18. 

Captain  Osborn  to  Earl  Russell. 

Erith,  Kent,  April  14,  1864.     (Eeceived  April  15.) 
My  Lord  :  In  my  letter  of  the  29th  February  last  I  reminded  your 

lordship  that  the  armament  of  the  vessels  of  the  Anglo-Chinese  force 

was  almost  entirely  purchased  from  the  royal  arsenal.     Three  of  those 

vessels  have  arrived,  as  reported  by  me  to-day. 

The  war-office  and  royal  arsenal  require  instructions  as  to  the  disposal 

of  the  munitions  of  war  on  board  these  vessels. 

May  I,  therefore,  respectfully  request  your  lordships  to  cause  the 

necessary  orders  to  be  given,  the  vessels  having  been  admitted  by  the 


798  TREATY    OF   WASHINGTON. 

lords  commissioners  of  the  admiralty  into  Woolwich  dock-yard,  and  the 
small-arms  are  now  deteriorating  from  want  of  being  deposited  in 
store. 

I  hav.e,  &c, 

(Signed)  '  SHERARD  OSBORN. 


[700]  •No.  19. 

Captain  Osborn  to  Earl  Russell. 

Erith,  April  14,  1864.     (Received  April  15.) 

My  Lord  :  I  have  the  honor  to  inform  you  of  the  arrival  in  England 
of  the  three  ships  named  in  the  margin,1  part  ot  the  late  Anglo-Chinese 
squadron,  and  to  acquaint  you  that,  as  the  decision  of  the  law-officers 
of  the  Crown  relative  to  the  amount  of  pay  due  to  the  officers  and  men 
of  that  force  has  not  yet  reached  me,  I  have  been  compelled  to  take  the 
following  steps,  which  are,  I  believe,  in  accordance  with  the  orders  of 
Sir  Fred'k  Bruce,  under  which  I  am  acting. 

The  ships  have  been  secured  in  Woolwich  basin  by  the  kind  permis- 
sion of  the  lords  commissioners  of  the  admiralty. 

The  crews,  numbering  284,  have  been  paid  down  and  gone  to  their 
homes,  with  the  understanding  that,  on  the  receipt  of  the  answer  from 
your  lordship,  a  copy  of  it  shall  be  forwarded,  with  the  amount  of  pay 
that  may  be  awarded. 

In  the  course  of  this  month  a  further  arrival  of  153  officers  and  men 
may  be  expected. 

It  is  right  that  I  should  point  out  that  the  men  will  now,  in  all  proba- 
bility, sell  their  claims  for  further  pay  to  the  money-lenders  of  our  sea- 
ports, and  that  Her  Majesty's  foreign  office  is  likely  to  be  pressed  by 
such  individuals  unless  the  legal  question  be  quickly  decided  and  pro- 
mulgated. 

I  have,  &c, 

(Signed)  SHERARD  OSBORK 


No.  20. 

Mr.  Hammond  to  Mr.  Merivale. 

Foreign  Office,  April  15,  1864. 
Sir  :  With  reference  to  Mr.  Layard's  letter  of  the  4th  instant,  I  am 
directed  by  Earl  Russell  to  state  to  you,  for  the  information  of  Secretary 
Sir  Charles  Wood,  that  his  lordship  is  of  opinion  that  instructions  may 
now  be  addressed  to  the  government  of  Bombay  to  permit  the  sale  of 
the  Thule,  one  of  the  vessels  of  the  late  Anglo-Chinese  squadron,  at 
present  at  Bombay.  But  the  other  vessels  of  the  Anglo-Chinese  fleet, 
now  at  Bombay,  should  be  retained  in  the  custody  of  the  Government 
of  Bombay  till  further  instructions  as  to  the  disposal  of  these  vessels 
shall  be  sent. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 

^ekin,  late  Her  Majesty's  ship  Mohawk;  China,  late  Her  Maiesty's  ship  Africa;  Tien- 
tsin, gnn-boat. 


BRITISH    CASE    AND    PAPERS.  799 

N  No.  21. 

Mr.  Layard  to  Major- General  Sir  E.  Lugard. 

Foreign  Office,  April  20, 1864. 
Sir  :  I  am  directed  by  Earl  Russell  to  transmit  to  you  a  copy  of  a 
letter  from  Captain  Osborn,1  stating  that  the  war  department  require 
instructions  with  regard  to  the  disposal  of  the  munitions  of  war  on  board 
the  vessels  composing  the  late  Anglo-Chinese  fleet.  I  am,  therefore, 
to  request  that  you  will  move  Earl  de  Grey  and  Ripon  to  give  directions 
for  the  return  of  those  articles  to  Her  Majesty's  stores,  if  he  should  see 
no  objection  thereto. 

I  am,  &c, 

(Signed)  A.  H.  LAYARD. 


[701J  *No.  22. 

Mr.  Layard  to  Captain  Osborn. 

Foreign  Office,  April  20, 1864.  • 
Sir  :  I  am  directed  by  Earl  Russell  to  inform  you  that  his  lordship 
has  requested  the  secretary  of  state  for  war,  if  he  should  see  no  objec- 
tion thereto,  to  give  directions  for  the  return  to  Her  Majesty's  stores  of 
the  munitions  of  war  referred  to  in  your  letter  of  the  14th  instant,  as 
having  been  purchased  from  the  royal  arsenal  for  the  late  Anglo-Chi- 
nese fleet. 

I  am,  &c, 

(Signed)  A.  H.  LAYARD. 


No.  23. 

Captain  Osborn  to  Earl  Russell. 

Office,  14  York  Chambers, 
Adelphi,  April  25,  1864.     (Received  April  25.) 

Sir  :  I  have,  the  honor  to  state,  for  your  lordship's  information,  that 
the  lords  commissioners  of  the  admiralty  have  informed  me  that  it  is 
not  their  intention  to  purchase  into  the  service  the  vessels  of  the  Anglo- 
Chinese  force  left  in  charge  of  the  Bombay  naval  authorities.  They 
consist  of  the  dispatch  paddle-vessels  Keang-soo  and  Kwang-tung,  the 
gun-boat  Amoy,  formerly  Her  Majesty's  ship  Jaseur,  and  the  screw- 
yacht  Thule,  with  new  stores  and  armament  complete. 

1  hold  receipts  from  the  Bombay  government  for  vessels,  stores,  and 
guns. 

It  would  be  illegal  for  me  to  attempt  to  sell  these  ships  of  war,  and, 
indeed,  when  I  proposed  to  sell  the  yacht,  which  could  in  no  way  be 
supposed  to  be  an  armed  vessel,  the  Bombay  government  stopped  the 
sale,  and  my  agent  had  to  submit  under  protest. 

I  propose,  with  the  permission  of  your  lordship,  to  rid  myself  of  all 
further  responsibility,  by  substituting  a  mercantile  firm  at  Bombay  as 
the  agents  to  carry  out  Sir  Frederick  Brace's  instructions  instead  of 

'No.  19. 


800  TREATY    OF    WASHINGTON. 

myself,  and  leave  them  to  deal  with  the  subject  as  ship-brokers,  a  busi- 
ness which  I  cannot  be  supposed  to  understand. 

I  have,  &c, 

(Signed)  .       SHERARD  OSBORN. 


No.  24. 

The  secretary  to  the  admiralty  to  Mr.  Layard. 

Admiralty,  May  6, 1864.  (Received  May  7.) 
Sir  :  With  reference  to  former  correspondence,  respecting  the  pur- 
chase of  the  three  vessels  China,  Pekin,  and  Tientsin,  of  the  Anglo- 
Chinese  squadron,  brought  to  England  by  Captain  Sherard  Osborn,  and 
now  lying  in  Woolwich  Basin,  1  am  commanded  by  my  lords  commis- 
sioners of  the  admiralty  to  state,  for  the  information  of  Earl  Russell, 
that  they  have  received  the  report  of  the  officers  appointed  to  survey 
and  value  the  three  vessels  in  question,  and  their  lordships  find  that 
two  of  them  are  not  fit  for  Her  Majesty's  service,  and  that  the  third,  the 
China,  (late  Africa,)  would  be  a  suitable  vessel,  but  her  value  is  reported 
to  be  only  £23,601,  while  her  cost  to  the  Chinese  government  is  stated 
by  Captain  Osborn  to  have  been  £32,000. 

My  lords  believe  that,  if  the  restriction  on  the  sale  of  these  vessels 
was  removed,  they  would  probably  at  this  moment,  when  there  is  a  de- 
mand for  vessels  for  belligerent  purposes,  realize,  a  higher  price  than 
that  at  which  they  are  now  valued ;  and  if  the  China  were  to  be  bought 
by  the  government  at  the  price  named,  it  might  be  said  that  advantage 
had  been  taken  of  the  peculiar  circumstances  in  which  she  is  placed  to 
obtain  repossession  of  her  on  much  lower  terms  than  those  asked  for 
her  when  sold  to  the  Chinese  government. 

My  lords  do  not,  therefore,  think  that  it  would  be  expedient  to  pur- 
chase the  China ;  and  if  Lord  Russell  is  still  of  opinion  that  none  of 
these  vessels  should,  under  any  condition,  be  sold  at  the  present  time 
to  other  parties,  their  lordships  can  suggest  no  other  course  than  that 
they  should  all  be  placed  at  moorings  in  the  river  Med  way, 
[702]  *in  charge  of  the  officers  of  the  steam-reserve,  with  a  sufficient  num- 
ber of  ship-keepers  to  preserve  the  machinery  from  deterioration ; 
that  a  receipt  should  be  given  to  Captain  Osborn  for  the  vessels ;  and 
that  they  should  be  retained  until  such  time  as  the  objections  to  their 
sale  may  be  removed. 

Should  this  proposal  be  adopted,  it  would  be  necessary  for  the  gov- 
ernment to  decide  whether  the  expenses  incurred  in  the  care  of  the  ves- 
sels should  be  defrayed  by  the  Chinese  government,  or  in  what  manner 
they  should  be  provided  for. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


No.  25. 

Mr.  Layard  to  the  secretary  to  the  admiralty. 

Foreign  Office,  May  12, 1864. 
Sir:  I  have  laid  before  Earl  Russell  your  letter  of  the  6th  instant, 
respecting  the  three  ships  forming  part  of  the  late  Anglo-Chinese  fleet 


BRITISH    CASE    AND    PAPERS.  801 

which  are  now  in  Woolwich  basin,  and  suggesting  that  they  should  all 
be  placed  at  moorings  in  the  river  Medway,  until  such  time  as  the 
objections  to  their  sale  may  be  removed. 

I  am  to  state  to  you,  in  reply,  for  the  information  of  the  lords  commis- 
sioners of  the  admiralty,  that  the  course  suggested  in  your  letter  appears 
to  Lord  Eussell  to  be,  under  the  circumstances,  the  best  that  can  be 
adopted;  but  his  lordship  apprehends  that  the  expense  which  may  be 
thereby  incurred  should  not  be  charged  against  the  Chinese  govern- 
ment, but  must  be  defrayed  by  this  country,  a  vote  being  taken  for  it  in 
next  year's  estimates. 

I  am,  &c, 

(Signed)  A.  H.  LAYAED. 


No.  26. 

Lord  Wodefiouse  to  Mr.  Hammond. 

India  Office,  May  14, 1864.  (Received  May  14.) 
Sir  :  With  reference  to  the  correspondence  inclosed  in  Mr.  Merivale's 
letter  of  the  12th  ultimo,  1  am  directed  by  Sir  0.  Wood  to  forward  here- 
with copy  of  a  further  letter  received  from  the  government  of  Bombay, 
requesting  to  be  furnished,  from  time  to  time,  with  any  papers  issued 
from  the  foreign  office  which  may  be  deemed  useful  for  their  guidance, 
in  cases  arising  out  of  the  proceedings  of  the  naval  forces  of  the  Ameri- 
can belligerents  visiting  the  Indian  seas. 

I  take  this  opportunity  of  transmitting  to  you,  for  the  information  of 
Earl  Eussell,  copy  of  a  dispatch  addressed  by  the  secretary  of  state  for 
India  to  the  governor  of  Bombay,  on  the  18th  of  April  last,  based  on 
the  suggestions  contained  in  your  letter  of  the  15th  of  that  month. 
I  am,  &c, 
(Signed)  •  WODEHOUSE. 


[Inclosure  1  in  No.  36.] 

The  Governor  of  Bombay  in  council  to  Sir  C.  Wood. 

Bombay  Castle,  February  15,  1864. 
Right  Honorable  Sir  :  With  reference  to  our  letter  in  the  marine  department, 
dated  the  12th  March  last,  soliciting  the  instructions  of  Her  Majesty's  government  rela- 
tive to  the  vessels  of  the  Anglo-Chinese  squadron  recenth^  brought  to  Bombay,  we 
have  the  honor  to  request  that  we  may  be  furnished,  from  time  to  time,  with  any 
papers  issued  from  the  office  of  Her  Majesty's  secretary  of  state  for  foreign  affairs 
[703]  which  may  be  deemed  useful  for  *our  guidance  in  cases  arising  out  of  the  pro- 
ceedings of  the  naval  forces  belonging  to  the  American  belligerents  visiting 
these  seas. 

(Signed)         .  H.  B.  E.  FRERE. 

W.  E.  FRERE. 
J.  D.  INVERARITY. 


[Inclosure  2  in  No.  26. J 

Sir  C.  Wood  to  the  governor  of  Bombay  in  council. 

[Secret.] 

India  Office,  April  18,  1864. 

Sir  :  In  reply  to  the  letter  of  your  excellency's  government  of  the  12th  ultimo  of 
1864,  in  the  marine  department,  respecting  the  disposal  of  the  vessels  of  the  Anglo  - 

H.  Ex.  282,  vol.  ii 51 


802  TREATY    OF    WASHINGTON. 

Chinese  squadron  now  at  Bombay,  I  have  to  inform  you  that  Her  Majesty's  government 
are  willing  to  permit  the  sale  of  the  Thule,  but  that  the  other  vessels  are  to  be  retained 
in  the  custody  of  your  government  until  further  instructions  are  forwarded  for  your 
guidance. 

2.  With  reference  to  the  permission  thus  accorded  for  the  sale  of  the  Thule,  it  will 
be  the  duty  of  your  excellency's  government  to  take  care  that  she  is  not  equipped  as  a 
vessel  of  war  for  either  of  the  belligerent  parties  in  America ;  and  it  will  be  well,  in 
signifying  to  Mr.  Cruikshank  the  permission  to  dispose  of  her,  that  notice  to  this  effect 
should  be  given  to  him,  and  also  to  any  person  who  may  purchase  her. 
I  have,  &c, 
(Signed)  C.  WOOD. 


No.  27. 

Mr.  Murray  to  Lord  Wodehouse. 

Foreign  Office,  May  18,  1864. 
Sir  :  I  have  laid  before  Earl  Russell  your  letter  of  the  14th  instant, 
inclosing  a  copy  of  a  letter  from  the  government  of  Bombay  requesting 
to  be  furnished,  from  time  to  time,  with  any  papers  received  from  this 
office  which  might  be  deemed  useful  in  cases  arising  out  of  the  proceed- 
ings of  the  American  belligerents  visiting  the  Indian  seas;  and  I  am  to 
request  that  you  will  inform  Secretary  Sir  0.  Wood,  in  reply,  that  Lord 
Russell  will  cause  the  India  office  to  be  furnished  with  copies  of  all  such 
papers. 

I  am  to  add  that  Lord  Russell  concurs  in  the  instruction  to  the  gover- 
nor of  Bombay,  of  which  you  inclose  a  copy,  respecting  the  sale  of  the 
Thule. 

I  am,  &c, 

(Signed)  J.  MURRAY. 


No.  28. 

Mr.  Hammond  to  Lord  Wodehouse. 

Foreign  Office,  May  31, 1864. 
Sir  :  With  reference  to  your  letter  of  the  14th  instant,  I  am  directed 
by  Earl  Russell  to  state  to  you,  for  the  information  of  Secretary  Sir  C. 
Wood,  that  Her  Majesty's  government  cannot,  at  present,  sanction  the 
sale  of  the  vessels  forming  part  of  the  late  Anglo-Chinese  fleet  which 
are  now  in  India,  and  that  they  are  prepared  to  take  on  themselves  the 
responsibility  of  detaining  unsold  the  vessels  in*question  until  further 
notice.  * 

I  am  to  request  that  you  will  move  Sir  C.  Wood  to  cause  instructions 
to  the  above  effect  to  be  given  to  the  government  of  Bombay. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 

P.  S. — A  communication  to  the  above  effect  has  been  made  to  the 
admiralty,  to  Sir  F.  Bruce,  and  to  Captain  Sherard  Osborn. 

E.  H. 


BRITISH    CASE    AND    PAPERS.  803 

[704]  *No.  29. 

Mr.  Hammond  to  Captain  Osborn. 

Foreign  Office,  May  31,  1864. 
Sir  :  I  am  directed  by  Earl  Eussell  to  acquaint  you,  in  reply  to  your 
letter  of  the  25th  ultimo,  that  Her  Majesty's  government  cannot,  at 
present,  sanction  the  sale  of  the  vessels  forming  part  of  the  late  Anglo- 
Chinese  fleet  which  are  now  in  India ;  but  that  they  are  prepared  to 
take  on  themselves  the  responsibility  of  detaining  unsold  the  vessels  in 
question  until  further  orders. 

A  communication  to  the  above  effect  has  been  made  to  the  secretary 
of  state  for  India  and  to  the  board  of  admiralty,  and  Sir  F.  Bruce  will  also 
be  apprised  of  the  decision  of  Her  Majesty's  government  on  the  subject. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  30. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  May  31,  1864. 
Sir  :  With  reference  to  your  letter  of  the  29th  of  March,  I  am  directed 
by  Earl  Russell  to  state  to  you,  for  the  information  of  the  lords  com- 
missioners of  the  admiralty,  that  Her  Majesty's  government  cannot,  at 
present,  sanction  the  sale  of  the  vessels  forming  part  of  the  late  Anglo- 
Chinese  fleet  which  are  now  in  India,  and  that  they  are  prepared  to  take 
on  themselves  the  responsibility  of  detaining  unsold  the  vessels  in  ques- 
tion until  further  orders. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 

P.  S. — A  communication  to  the  above  effect  has  been  made  to  the 
India  office,  to  Sir  F.  Bruce,  and  to  Captain  Sherard  Osborn. 

E.  H. 


No.  31. 
-Earl  Russell  to  Sir  F.  Bruce. 

Foreign  Office,  June  1, 1864. 

Sir  :  Upon  a  full  consideration  of  all  the  circumstances,  Her  Majesty's 
government  are  of  opinion  that  they  could  not  allow  the  war-vessels1  of 
the  Anglo-Chinese  fleet  to  be  sold,  lest  they  should  fall  into  the  hands  of 
the  belligerent  powers,  and  so,  by  reason  of  their  being  sold  in  a  British 
port,  in  some  degree  compromise  Her  Majesty's  neutral  position. 

Her  Majesty's  government  will,  consequently,  take  upon  themselves 
the  responsibility  of  detaining  unsold  the  vessels  in  question  until 
further  notice,  but  Her  Majesty's  government  will  take  care  that  the 
Chinese  government  shall  not  lose  ultimately  the  value  of  the  vessels. 

I  inclose,  for  your  information,  copies  of  my  correspondence  on  this 
subject  with  the  admiralty,  and  the  India  office,  and  with  Captain  Sher- 
ard Osborn. 

I  am,  &c, 
•    (Signed)  EUSSELL. 


804  TREATY    OF   WASHINGTON. 

Ko.  32. 

Lord  Wodehouse  to  Mr.  Hammond. 

India  Office,  August  3, 1864.    (Eeceived  August  5.) 
Sir  :  With  reference  to  your  letter  of  the  15th  April  last,  and  to  pre- 
vious correspondence  on  the  subject  of  the  disposal  of  the  Anglo-Chi- 
nese fleet  now  at  Bombay,  I  am  directed  by  the  secretary  of  state 
[705]    for  India  in  council  to  forward  to  you  a  copy  *of  the  correspond- 
ence with  the  war  office  and  with  Captain  Sherard  Osborn,  R.  N., 
and  I  am  to  request  that  Sir  Charles  Wood  maybe  informed  what  course 
the  secretary  of  state  for  foreign  affairs  would  wish  to  be  adopted  in 
the  matter. 

I  have,  &c, 

(Signed)  WODEHOUSE. 


[Inclosure  1  in  No.  32.] 
The  Marquis  of  Hartingdon  to  Lord  Wodehouse. 

War  Office,  May  7, 1864. 

Sir  :  I  am  directed  by  Earl  de  Grey  and  Ripon  to  transmit  to  you,  for  the  infor  ma 
tion  of  the  secretary  of  state  for  India  in  council,  the  inclosed  copy  of  a  receipt  for 
ordnance  stores  landed  at  Bombay  from  the  ships  Kwangtung,  Keangsoo,  and  Amoy, 
which  vessels  formed  part  of  the  late  Anglo-Chinese  squadron. 

And  I  am  to  acquaint  you  that  the  stores  in  question  having  been  purchased  from 
Her  Majesty's  government  on  account  of  the  Imperial  Chinese  government,  the  secre- 
tary of  state  for  war  has  ceased  to  exercise  any  control  over  them. 

Lord  de  Grey  therefore  suggests  that  any  arrangements  for  their  purchase  or  disposal 
by  the  secretary  of  state  for  India  should  be  made  to  Captain  Sherard  Osborn  direct 
(at  14  York  Chambers,  Adelphi,)  who,  his  lordship  concludes,  possesses  full  powers  to 
treat  upon  the  matter. 

In  conclusion,  I  am  to  add  that  this  officer  has  been  informed  that  all  further  com- 
munications on  this  subject  should  be  addressed  to  your  department. 
I  have,  &c, 
(Signed)  HARTINGTON. 


[Inclosure  2  in  No.  32.] 

Lord  Wodehouse  to  Captain  Osborn. 

India  Office,  June  22,  1864. 
Sir  :  A  letter  having  been  received  at  this  office,  from  the  war  department,  inclosing 
a  list  of  ordnance  stores  received  into  the  arsenal  at  Bombay,  from  the  ships  Kwang- 
sung,  Keangsoo,  and  Amoy,  which  formed  part  of  the  late  Anglo-Chinese  squadron,  I 
am  directed  by  the  secretary  of  state  for  India  in  council  to  acquaint  you  that  it  is 
purposed  to  make  a  reference  to  the  government  of  Bombay  on  the  subject ;  but,  before 
doing  so,  Sir  Charles  Wood  desires  to  be  furnished  with  any  observations  which  you 
may  have  to  make  in  regard  to  the  disposal  of  the  stores  in  question. 

I  am,  &c, 

(Signed)  WODEHOUSE. 


f  Inclosure  3  in  No.  32.] 

Captain  Osborn  to  Lord  Wodehouse. 

Royal  Sovereign,  Portsmouth,  July  13,  1864. 
My  Lord  :  In  reply  to  your  letter  of  the  22d  June,  1864,  touching  a  list  of  ordnance 
stores  left  at  Bombay,  I  have  the  honor  to  state  that  those  stores,  as  well  as  four  vessels, 
with  all  their  equipment  complete,  were  taken  in  charge,  and  receipts  granted  for 
them,  pending  the  decision  of  Her  Majesty's  government  hi  England. 


BRITISH    CASE    AND     PAPERS.  805 

2.  I  am  still  ignorant  of  that  decision,  so  far  as  the  ships  and  stores  in  India  are  con- 
cerned; the  Bombay  government  seem,  however,  to  have  acted  upon  some  specific  in- 
structions, for  they  j)revented  my  agent  selling,  for  the  Chinese  government,  a  vessel 
(the  Thule)  which  was  nothing  more  than  a  yacht. 

3.  If  the  Indian  government  do  not  purchase  the  vessels  and  stores,  after  placing  an 
embargo  on  their  sale,  it  will  be  a  hard  case  for  the  Emperor  of  China,  as  all  the  vessels 
would  fetch  to-day  in  the  market  a  higher  price  than  their  original  cost,  in  consequence 

of  the  enhanced  value  of  shipping. 
[706]      *4.  I  would  suggest  that  the  vessels  be  purchased,  as  well  as  the  stores,  at  the 
original  prices,  deducting  £30  per  cent,  tor  wear  in  the  twelvemonth. 

The  Keangsoo  is  the  fastest  steamer  in  the  Eastern  seas,  and,  for  political  purposes, 
would  be  invaluable.  At  "  half-speed"  she  can  beat  any  vessel  now  in  the  possession 
of  the  Indian  government,  or  in  our  squadron  in  India  or  China. 

The  Kwangsung  is  a  fast  vessel,  mail-clad  over  her  magazines  and  engines.  She 
would  form  an  excellent  auxiliary  to  the  Bombay  Harbor  defenses. 

The  Amoy  would  make  a  good  tug,  or  coast-vessel  for  Bombay,  Kurrachee,  &c. 

The  Thule  should  be  sold,  or  handed  over  to  the  Bombay  pilot  establishment. 

5.  I  have  lodged  all  the  receipts  for  the  vessels  and  stores  left  at  Bombay  in  the  hands 
of  the  Oriental  Bank  Corporation,  London.  They  have  a  lien  upon  the  said  ships  and 
stores,  and  it  would  be  as  well  that  any  payment  made  be  paid  through  that  bank,  as 
it  has  large  transactions  with  the  Chinese  government. 

6.  I  have  the  honor  to  inclose  a  copy  of  a  letter  to  Earl  Russell,  reporting  the  cir- 
cumstances under  which  I  left  the  vessels  and  stores  at  Bombay. 

I  am,  &c, 

(Signed)  SHERARD  OSBORN. 


No.  33. 
Mr.  Blelvill  to  Mr.  Hammond, 

[Confidential.] 

India  Office,  September  13, 1864.  (Eeceived  September  14.) 
Sir:  In  continuation  of  previous  correspondence  on  the  subject  of  the 
disposal  of  the  vessels  of  the  Anglo-Chinese  fleet,  I  am  directed  by  Sir 
Charles  Wood  to  forward  to  you,  for  the  information  of  Earl  Eussell, 
copy  of  a  letter  from  Captain  Sherard  Osborn,  stating,  with  reference  to 
the  refusal  of  the  Bombay  government  to  permit  him  to  sell  the  Thule, 
and  to  the  sanction  for  its  sale  which  was  subsequently  accorded,  under 
instructions  from  the  foreign  office,  that  he  no  longer  has  any  responsi- 
bility in  the  matter;  that  the  Oriental  Bank  have  a  lien  on  her,  and  that 
he  will,  if  the  secretary  of  state  for  India  so  desire,  instruct  their  Bom- 
bay agent  to  dispose  of  her,  and  to  account  for  her  sale  to  the  Chinese 
government. 

As  all  instructions  relative  to  the  disposal  of  the  vessels  in  question 
have  been  issued  at  the  instance  of  the  foreign  office,  Sir  Charles  Wood 
will,  in  this  case,  be  glad  to  be  favored  with  Earl  BusselFs  views  of  the 
answer  to  be  returned  to  Captain  Osborn. 
I  am,  &c, 
(Signed)  J.  COSMO  MELVILL. 


[  Inciosure  in  No.  33.] 

Captain  Osborn  to  Lord  Wodehouse. 
* 

Royal  Sovereign,  Portsmouth,  August  26,  1864. 
My  Lord  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of 
the  25th  instant,  inclosing  a  copy  of  a  dispatch  from  the  government  of  Bomhay, 
touching  the  Chinese  steamer  Thule,  which  they  prevented  me  selling  some  months 


806  TREATY    OF    WASHINGTON. 

since.    I  am  now  relieved  from  all  responsibility  touching  the  said  vessel,  or  others  of 
the  late  Anglo-Chinese  force. 

The  receipts  granted  me  in  Bombay,  as  well  as  in  England,  by  the  proper  official 
authorities,  leave  the  question  of  future  disposal  to  be  settled  between  the  government 
of  Great  Britain  and  the  Emperor  of  China. 

The  Thule  is  simply  in  the  charge  of  the  Indian  naval  department  of  Bombay,  to  be 
disposed  of  as  you  may  direct.    1  have  no  agent  there  now,  and  I  possess  no  authority 
or  funds  to  have  any  further  transactions  on  account  of  the  force  removed  from  China 
by  order  of  our  minister  at  Peking.    At  the  same  time,  if  Her  Majesty's  secretary  of 
state  for  India  wishes  it,  and  will  instruct  me  accordingly,  I  will  cause  the  Oriental 
Bank  Corporation  agency  at  Bombay  to  dispose  of  the  Thule,  and  account  for  her  sale 
to  the  Chinese  government.    I  explained  in  my  letter  of  the  13th  July  to  your 
[707]  lordship,  the  present  position  of  myself,  and  the  lien  that  the  ^Oriental  Corpora- 
tion had  upon  the  ships  and  stores  in  the  hands  of  the  Bombay  naval  depart- 
ment, as  well  as  in  those  of  the  British  admiralty. 
I  have,  &c, 
(Signed)  SHERARD  OSBORN. 


No.  34. 

Mr.  Hammond  to  Mr.  Merivale. 

Foreign  Office.  September  19,  1864. 
Sir:  I  have  laid  before  Eari  Eussell  your  letter  of  the  13th  instant, 
relative  to  the  disposal  of  the  Thule,  one  of  the  vessels  composing  the 
late  Anglo-Chinese  fleet ;  and  I  am  to  request  that  you  will  state,  to 
Secretary  Sir  Charles  Wood  that  his  lordship  is  of  opinion  that  the 
Thule  may  be  sold  if  the  Oriental  Bank  Corporation  will  account  to  the 
Chinese  government  for  the  proceeds  of  the  sale. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  35. 

Mr.  Wade  to  Earl  Eussell. 

Peking,  September  12,  1864.    (Eeceived  November  27.) 
My  Lord  :  I  communicated  the  substance  of  your  lordship's  dispatch 
of  the  1st  of  June  last,  regarding  the  flotilla,  to  the  Prince  of  Kung,  and 
have  now  the  honor  to  inclose  copies  of  my  dispatch,  of  his  highness's 
reply,  and  of  my  rejoinder  to  it. 
I  have,  &c, 
(Signed)  THOMAS  FEANCIS  WADE. 


[In closure  1  in  No.  35.] 

Mr.  Wade  to  the  Prince  of  Kung. 

Peking,  August  19,  1864. 
Sir  :  I  have  the  honor  to  inform  your  Imperial  Highness  that  I  have  received  from 
Earl  Russell,  Her  Britannic  Majesty's  principal  secretary  of  state  for  foreign  affairs,  a 
dispatch,  stating  that,  upon  a  full  consideration  of  all  the  circumstances,  Her  Majesty's 
government  are  of  opinion  that  they  could  not  allow  the  war- vessels  of  the  late  Anglo- 
Chinese  fleet  to  he  sold,  lest  they  should  fall  into  the  hands  of  a  belligerent  power,  and 
so,  by  reason  of  their  being  sold  in  "a  British  port  in  some  degree  compromise  Her  Ma- 
jesty's neutral  position. 


BRITISH    CASE    AND    PAPERS.  807 

Her  Majesty's  government  will  consequently  take  upon  themselves  the  responsibility 
of  detaining  unsold  the  vessels  in  question  until  further  notice,  but  Her  Majesty's  gov- 
ernment will  take  care  that  the  Chinese  government  shall  not  lose  the  value  of  the 
vessels. 

I  avail,  &c, 

(Signed)  THOMAS  FRANCIS  WADE. 


[Inclosure  2  in  No.  35.] 

The  Prince  of  Kung  to  Mr.   Wade. 

[Translation.] 

The  Prince  of  Kung  makes  a  communication  in  reply. 

The  Prince  is  in  receipt  of  a  dispatch  from  Mr.  Wade,  Her  Britannic  Majesty's  charge" 
d'affaires,  dated  the  19th  instant.  Mr.  Wade  informs  him  that  Her  Majesty's  govern- 
ment are  of  opinion  that  they  could  not  allow  the  war-vessels  of  the  Anglo-Chinese 
fleet  to  be  sold,  lest  they  should  fall  into  the  hands  of  a  belligerent  power,  and  so,  by 
reason  of  their  being  sold  in  a  British  port,  in  some  degree  compromise  Her  Ma- 
jesty's neutral  government ;  that  Her  Majesty's  government  will  consequently 
[708]  *take  upon  themselves  the  responsibility  of  detaining  unsold  the  vessels  in  ques- 
tion until  further  notice,  but  will  take  care  that  the  Chinese  government  shall 
not  lose  ultimately  the  value  of  the  vessels. 

The  correspondence  which  took  plaee  some  time  ago,  (on  the  subject  of  the  steam 
flotilla,)  and  which  contains  all  particulars  of  its  history  from  first  to  last,  will  show, 
if  referred  to,  that  Mr.  Lay,  late  inspector-general  of  customs,  who  was  commissioned 
to  provide  these  steamers,  having  departed  from  the  spirit  of  his  instructions,  and  the 
independent  authority  of  the  Chinese  government  becoming  by  his  action  comprom- 
ised, (or  interfered  with,)  the  Chinese  government  found  itself,  on  the  one  hand,  com- 
pelled not  to  retain  the  vessels  purchased  for  use,  a  restriction  which  imposed  on  it  a 
loss  of  a  large  sum  applied  to  no  purpose  to  the  current  expenses  of  the  fleet,  and,  on 
the  other  hand,  compelled  to  abstain  from  realizing  the  cost  of  the  vessels  by  their  sale 
in  China.  In  this  double  difficulty  the  government  was  beholden  to  Sir  Frederick 
Bruce  for  a  valuable  suggestion.  His  excellency  recommended  that  the  vessels  should 
be  given  to  Captain  Osborn,  who  would  take  them  back  to  England,  and  there  dispose 
of  them  on  the  most  advantageous  terms,  remitting  the  proceeds  to  China.  Sir  Fred- 
erick Bruce  also  guaranteed  that  Captain  Osborn  would  be  certain  to  devote  his  best 
attention  to  the  management  of  the  affair,  and  further  stated  that  he  felt  assured  Her 
Majesty's  government  would  also  willingly  assist  Captain  Osborn,  and  would  give  him 
such  instructions  as  would  enable  him  to  wind  up  the  account  satisfactorily. 

In  the  dispatch  under  acknowledgment  Mr.  Wade  writes  that,  certain  powers  being 
now  at  war,  there  is  great  danger,  if  these  vessels  are  sold,  that  they  may  fall  into  the 
hands  of  a  belligerent,  and  thus  compromise  the  neutrality  of  Great  Britain  ;  and  he 
adds  that,  as  the  British  government  has  taken  the  responsibility  (of  the  detention)  on 
itself,  it  will  take  care  that  the  Chinese  government  shalt  not  ultimately  lose  the  value 
of  the  vessels. 

The  Prince  admits  it  to  be  a  fact  that  these  steamers,  if  sold  now,  may  fall  into  the 
hands  of  a  belligerent  power.  At  the  same  time,  if  the  sale  of  them  be  delayed  for 
very  long,  the  current  expense  can  hardly  fail  to  be  very  considerable,  while  the  ves- 
sels themselves  will  deteriorate  in  value ;  and  it  really  would  not  do  for  the  Chinese 
government  to  bear  these  further  losses,  in  addition  to  the  expenditure  incurred  last 
year. 

That  the  Chinese  government  should  be  made  to  bear  any  loss  was  certainly  not  the 
desire  of  Sir  F.  Bruce  when  his  valuable  suggestion  was  made  ;  when  he  guaranteed 
the  devotedness  (of  Captain  Osborn)  as  an  agent,  and  the  assistance  which  the  British 
government  would  be  sure  to  render  towards  the  final  settlement  of  the  transaction  ; 
the  Prince  would,  therefore,  ask  Mr.  Wade,  as  his  dispatch  states  that  China- shall  ulti- 
mately receive  the  value  of  the  vessels,  whether  it  would  not  be  possible  for  the  Brit- 
ish government  to  retain  this  flotilla  for  its  own  service. 

This  arrangement  would  amply  satisfy  every  requirement.  It  would  fulfill  the 
engagement  [implied]  in  Sir  E.  Bruce's  dispatch  of  last  year,  in  which  he  promised 
that  the  vessels  should  be  sold  on  the  most  advantageous  terms,  and  China  thus  spared 
any  loss  in  addition  to  what  she  had  already  sustained  by  the  expenses  of  the  ships 
during  the  past  year ;  and,  while  the  British  government  would  be  saved  the  trouble 
of  disposing  of  these  vessels  for  China,  its  neutrality  would  remain  uncompromised, 
for  the  vessels  could  not  become  the  property  of  a  belligerent  power.  The  friendly 
disposition  of  Sir  F.  Bruce  and  the  British  government  would  be  placed  in  a  stronger 


808  TREATY    OF   WASHINGTON. 

light  than  e^er ;  and  Captain  Osborn  would  be  enabled  to  complete  satisfactorily  the 
affair- which  he  so  well  began.  If  Mr.  Wade  considers  the  suggestion  practicable,  the 
price  of  the  vessels  should  be  deducted  from  the  amount  of  indemnity  payable  by  the 
Chinese  customs  to  the  British  government ;  and  thus,  by  this  one  modification  of 
existing  arrangements,  all  parties  would  be  benefited. 

The  Prince,  as  in  duty  bound,  addresses  this  dispatch  to  Mr.  Wade,  and  hopes  to 
receive  a  reply. 

A  necessary  communication  addressed  to  Mr.  Wade,  Her  Britannic  Majesty's  charge" 
d'affaires. 

Tung  Chih,  3d  year,  7th  moon,  22d  day,  (Peking,  August  23,  1864.) 


[709]  *  [Tnclosure  3  in  No.  35.] 

Mr.  Wade  to  the  Prince  of  Kung. 

Peking,  August  31,  1864. 

Sir  :  I  have  the  honor  to  acknowledge  your  imperial  highness's  dispatch  of  the  23d 
instant. 

Your  highness  apprehends  that,  by  the  existing  arrangement,  the  expense  of  the 
flotilla,  lately  under  the  command  of  Captain  Osborn,  may  possibly  continue,  while 
the  vessels  will  deteriorate  in  value. 

The  expense  alluded  to,  I  assume  to  be  that  which  would  be  occasioned  by  the  main- 
tenance of  the  crews  ;  but  on  this  point  I  am  happy  to  be  able  to  state  there  is  no 
ground  for  apprehension. 

Captain  Osborn  has  written  to  say  that,  finding  it  impossible  to  sell  at  Bombay  the 
four  vessels  he  had  taken  round  to  that  port,  he  had  handed  them  over,  with  their 
stores  and  ordnance,  to  the  naval  authorities  there,  and  had  sent  home  their  crews. 
The  remaining  vessels,  with  their  stores  and  ordnance,  he  had  committed  to  the  safe 
keeping  of  the  naval  authorities  in  England.  He  was,  when  he  wrote,  in  the  act  of 
paying  off  their  crews,  and  would  proceed  to  pay  off  the  crews  of  the  vessels  left  in 
India  as  soon  as  they  should  reach  home.  Not  receiving  remittances  as  early  as  he  had 
expected  from  China,  he  had  been  obliged,  in  order  to  effect  some  of  these  payments, 
to  sell  the  store-ship  Ballarat,  as  also  the  stores  she  had  on  board.  As  soon  as  he  could 
complete  his  accounts  he  would  report  the  balance  remaining  to  the  credit  of  the 
Chinese  government.  Meanwhile  he  hoped  that  the  whole  of  the  crews  would  be  set- 
tled with  by  the  end  of  May. 

From  the  date  of  their  discharge,  of  course,  these  men  would  cease  to  be  an  expense 
to  the  Chinese  government. 

As  regards  the  transfer  of  the  vessels  themselves  to  the  naval  service  of  Her  Majesty,, 
and  the  mode  of  re-imbursement,  upon  the  practicability  of  which  your  imperial  high- 
ness requests  my  opinion,  I  can  say  no  more  at  present  than  that  these  vessels,  though 
excellent  of  their  kind,  will  not,  I  fear,  be  regarded  as  available  for  the  naval  service. 

Beyond  this  I  do  not  venture  to  anticipate  the  instructions  which,  in  due  time,  I 
shall  no  doubt  receive  regarding  them  ;  but  it  will  be  my  duty  to  take  the  earliest  op- 
portunity of  acquainting  Her  Majesty's  government  with  your  imperial  highness's 
suggestion. 

Accept,  &c, 

(Signed)  T.  F.  WADE. 


No.  36. 
Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  December  5, 1864. 

Sir  :  With  reference  to  my  letter  of  the  31st  of  May  last,  I  am  di- 
rected by  Earl  Eussell  to  transmit  to  you  a  copy  of  a  dispatch  from 
Her  Majesty's  charge  d'affaires  at  Peking,1  inclosing  copies  of  his  cor- 
respondence with  Prince  Kung  relative  to  the  ultimate  disposal  of  the 
vessels  of  the  late  Anglo-Chinese  flotilla. 

I  am  to  request  that  in  laying  this  correspondence  before  the  lords 

1  No.  35. 


BRITISH    CASE    AND    PAPERS.  809 

commissioners  of  the  admiralty,  you  will  move  them  to  favor  Lord  Rus- 
sell with  the  means  of  returning  an  answer  to  Prince  Kung's  letter  of 
the  23d  of  August. 

The  lords  of  the  admiralty  would  no  doubt  think  it  desirable  to  con- 
sult with  Captain  Osborn,  and  Lord  Russell  would  suggest  that  their 
lordships  should  also  communicate  on  this  subject  with  Sir  F.  Bruce, 
who  may  be  expected  in  town  in  the  course  of  a  few  days,  and  whom 
Lord  Russell  will  request  to  call  at  the  admiralty,  should  their  lord- 
ships so  desire  it. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


[710]  *No.  37. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  December  9,  1864.  (Received  December  10.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  transmit  to  you,  to  be  laid  before  the  secretary  of  state  for  foreign 
affairs,  the  inclosed  copy  of  a  letter  from  Messrs.  Ritherdon  &  Thomp- 
son, requesting  to  be  informed  whether  the  gun -boats  Mohawk,  Pekin, 
Tien-tsin,  late  of  the  Anglo-Chinese  squadron,  are  for  sale  j  and  I  am  to 
request  you  will  inform  Earl  Russell  that  my  lords  think  it  most  desirable 
that  these  vessels  should  be  disposed  of,  and  would  suggest  that 
the  proposal  of  Messrs.  Ritherdon  should  be  considered,  taking  proper 
security  that  the  ships  should  not,  after  sale,  be  used  for  an  improper 
purpose. 

I  am,  &c,     , 

(Signed)  C.  PAGET. 


[Inclosure  in  No.  37.] 

Messrs.  Bitherdan  Sr  Thompson  to  tlie  secretary  to  the  admiralty. 

109  Fenchurch  Street,  London,  December  5,  1864. 
Sir  :  We  respectfully  beg  leave  to  inquire  whether  the  lords  commissioners  of  the 
admiralty  would  entertain  a  proposal  for  the  purchase  of  the  gun-boats  Mohawk,  Pe- 
kin, or  Tien-tsin,  of  the  Anglo-Chinese  squadron :  and,  in  that  case,  whether  their 
lordships  will  direct  particulars  to  be  furnished  to  us,  and.  the  price  at  whicli  they  will 
be  sold,  and  favor  us  with  an  order  to  inspect  them.  The  parties  for  whom  we  make 
the  inquiry  beg  us  to  state  that  the  vessels  are  not  required  for  the  North  American 
controversy. 

(Signed) '  RITHERDON  &  THOMPSON. 


No.  38. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  December  13,  1864. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  the  9th  instant, 
inclosing  an  application  from  Messrs.  Eitherdon  &  Thompson,  who  de- 
sire to  be  informed  whether  the  gun-boats  Mohawk,  Pekin,  or  Tien- 


810  TREATY    OF   WASHINGTON. 

tsin,  late  of  the  Anglo-Chinese  squadron,  are  for  sale,  and  stating  that 
the  lords  of  the  admiralty  think  it  most  desirable  that  the  vessels 
should  be  disposed  of,  proper  security  being  taken  that  they  should 
not,  after  sale,  be  used  for  an  improper  purpose. 

I  am  to  request  that  you  will  state  to  the  board  of  admiralty  that, 
before  giving  any  decided  answer,  Lord  Eussell  would  wish  to  be  in- 
formed whether  Messrs.  Eitherdon  &  Thompson  will  give  a  guarantee 
that  the  vessels  shall  not  be  used  for  warlike  purposes  against  any 
power  with  whom  the  Queen  is  at  peace. 

I  am,  &c,    -  \ 

(Signed)  E.  HAMMOND. 


No.  39. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  Deeemher  23, 1864.     (Eeceived  December  24.) 
Sir  :  With  reference  to  your  letter  of  the  20th  instant,  relative  to 
the  disposal  of  the  gun-boats  Mohawk,  Pekin,  and  Tien-tsin,  late  of 
the  Anglo-Ohinese  squadron,  1  am  commanded  by  my  lords  commis- 
sioners of  the  admiralty  to  transmit  to  you,  for  the  information  of  Earl 
Eussell,  a  copy  of  a  letter  from  Messrs.  Eitherdon  &  Thompson  relative 
to  the  guarantee  that  would  be  given  in  case  they  became  the  pur- 
chasers of  these  vessels,  and  I  am  to  acquaint  you  that  it  is  pro- 
[711J    posed  to  inform  *those  gentlemen  that  a  written  guarantee  will 
be  required  from  the  representative  of  the  power  for  whom  the 
vessels  may  be  purchased  that  they  will  not  be  used  for  warlike  pur- 
poses against  any  power  with  whom  the  Queen  is  at  peace,  and  that  my 
lords  reserve  to  themselves  the  right  of  refusing,  without  giving  any 
reason,  to  sell  the  vessels  when  the  name  of  their  principal  is  disclosed. 
I  am,  &c, 
(Signed)  W.  G.  EOMALNE. 


flnclosure  in  No.  39.] 
Messrs.  Bitlierdon  $-  Thompson  to  the  secretary  to  the  admiralty. 

109  Fenchurch  Street,  London,  December  20,  1864. 

Sir  :  Wo  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  14th 
instant,  which  we  have  communicated  to  the  parties  for  whom  wo  made  the  inquiry 
in  ours  of  the  5th  instant,  and,  in  reply,  they  state  that  the  government  who  may 
become  the  purchasers  of  the  gun-boats  are  not  only  at  peace  with  Her  Majesty's 
government  but  with  all  the  world.  They  presume  that  the  lords  commissioners  of  the 
admiralty  do  not  mean  that  these  boats  are  not  to  be  used  for  warlike  purposes  in  case 
of  need. 

There  will  be  no  difficulty  in  giving  a  guarantee  that  the  ships  are  not  bought  for 
the  purpose  of  being  used  for  warlike  purposes  against  any  power  with  whom  Her 
Majesty  is  at  peace. 

The  parties  are  unacquainted  with  the  nature  of  the  guarantee  that  their  lordships 
would  require.  They  trust,  however,  with  the  above  assurance,  they  will  name  a 
price  for  the  vessels  and  direct  particulars  to  be  furnished  to  them,  when,  if  the  terms 
are  suitable,  the  name  of  the  government  will  be  given  ;  and  they  venture  to  believe 
that  when  their  lordships  learn  the  name  of  the  government  for  whom  the  boats  are 
required  they  will  probably  dispense  with  the  guarantee  altogether. 
We  have,  &c, 
(Signed)  RITHERDON  &  THOMPSON. 


BRITISH    CASE    AND    PAPERS.  811 

No.  40. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

[Immediate.] 

Foreign  Office,  December  24, 1864. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  yesterday,  inclos- 
ing a  copy  of  a  further  letter  from  Messrs.  Bitherdon  &  Thompson, 
respecting  the  disposal  of  the  three  vessels  belonging  to  the  late  Anglo- 
Chinese  squadron,  and  I  am  to  request  that  you  will  acquaint  the  lords 
commissioners  of  the  admiralty  that  his  lordship  concurs  in  the  terms 
on  which  their  lordships  propose  to  dispose  of  the  vessels,  as  stated  in 
your  letter. 

I  am,  &c, 

(Signed)  E.  HAMMOND. 


No.  41. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  3,  1865.     (Received  February  4.) 
Sir:  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  request  you  will  state  to  the  secretary  of  state  for  foreign  affairs 
that  they  have  conferred  with  Sir  Frederick  Bruce  and  Captain  Sherard 
Osborn  with  regard  to  the  best  manner  of  dealing  with  the  vessels  of 
the  Anglo-Chinese  squadron  in  England  and  Bombay.     It  appears  to 
my  lords  that  the  only  satisfactory  way  of  dealing  with  this  question 
is,  first,  that  the  controller  of  the  navy,  the  accountant-general,  and 
Captain  Osborn  should  meet  and  fix  the  value  of  these  vessels  when 
they  left  China,  and  that  this  should  be  the  amount  to  be  paid  for  them 
to  the  Chinese  government. 
This  sum  being  agreed  upon  and  approved  by  Earl  Eussell,  my  lords 
agree  with  Sir  F.  Bruce  that  the  course  proposed  by  Prince  Kung 
[712]     should  be  adopted,  and  the  *  amount  deducted  from  the  quarterly 
payments  of  the  Chinese  indemnity-money,  in  such  proportions 
as  shall  seem  advisable.     The  meeting  should  be  arranged  at  an  early 
date,  if  approved,  as  Captain  Osborn  is  about  to  leave  England.    The 
vessels  should  then  be  sold  to  the  best  advantage,  and  the  proceeds 
paid  into  the  exchequer. 
I  am,  &c, 
(Signed)  W.  G.  EOMAINE. 


No.  42. 

Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  February  8,  1865. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  the  3d  instant, 
stating  the  course  which  the  lords  commissioners  of  the  admiralty  rec- 
ommend for  adoption  with  regard  to  the  vessels  of  the  late  Anglo- 
Chinese  flotilla  in  England  and  Bombay  ;  and  I  am  to  request  that  you 
will  state  to  the  lords  of  the  admiralty  that  Lord  Eussell  concurs  in  the 


812  TREATY    OF   WASHINGTON. 

propriety  of  that  course,  and  requests  that  their  lordships  will  take  the 
requisite  measures  for  giving  effect  to  it,  and  more  particularly  to  be 
well  assured  that  the  vessels  will  not  fall  into  the  hands  of  the  confed- 
erates of  North  America. 

I  have,  &c, 

(Signed)  E.  HAMMOND. 


No.  43. 


The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  25,  1865.  (Eeceived  February  27.) 
Sir  :  With  reference  to  your  letter  of  the  8th  instant,  in  regard  to  the 
valuation  of  the  vessels  composing  the  late  Anglo-Chinese  squadron,  I 
am  commanded  by  my  lords  commissioners  of  the  admiralty  to  request 
that  you  will  state  to  Earl  Eussell  that  the  comptroller  of  the  navy, 
assisted  by  the  accountant-general  and  Captain  Osborn,  has  inquired 
into  the  value  of  the  seven  vessels  of  which  the^squadron  consisted  at 
the  time  it  was  withdrawn  from  the  China  Seas,  by  direction  of  Sir 
Frederick  Bruce. 

It  appears  to  my  lords  that  the  total  sum  to  be  allowed  may  be  taken 
at  £152,500.  In  this  sum  is  included  an  allowance  of  17J  per  cent,  on 
the  value  of  the  ships  for  the  coals,  stores,  &c,  provi'ded  at  the  expense 
of  the  Chinese  government,  which  were  necessary  for  the  voyages  from 
China  to  England  and  Bombay. 
I  am,  &c, 
(Signed)  .  W.  G.  ROMAINE. 


No.  44. 
The  secretary  to  the  admiralty  to  Mr.  Hammond. 

[Immediate.] 

Admiralty,  February  27,  1865.  (Received  February  27.) 
Sir  :  With  reference  to  my  letter  of  the  25th  instant,  I  am  commanded 
by  my  lords  commissioners  of  the  admiralty  to  request  you  will  lay 
before  Earl  Russell  the  accompanying  extract  from  a  report  from  Cap- 
tain Sherard  Osborn,  in  which  he  states  his  opinion,  as  a  trustee  of  the 
Chinese  interests,  that  the  sum  of  £152,500  will  meet  the  claims  of  the 
Chinese  government  in  respect  of  the  vessels  late  composing  the  Anglo- 
Chinese  squadron,  irrespective  of  their  war-office  stores. 

I  am,  &c, 

(Signed)  W.  G.  ROMAINE. 


[713  j  [Enclosure  in  No.  44.] 

Captain  Osborn  to  the  secretary  to  the  admiralty. 

[Extract.]  • 

December  25,  1865. 

This  sum  of  £152,500  represents  the  entire  sum  due  to  the  Emperor  of  Chiua  for  the 
value  of  the  ships,  and  all  provisions,  stores,  coals,  &c.,  which  it  was  necessary  to  put 


BRITISH    CASE    AND    PAPERS.  813 

into  these  vessels  to  enable  them  to  be  carried  to  British  ports  from  China  ;  but  does 
not  include  the  value  of  the  munitions  of  war,  guns,  and  powder  returned  by  me  to  the 
War  Department,  i.  e.,  \o  the  royal  arsenal  at  Woolwich,  and  the  ordnance  stores  in 
Bombay  ;  and,  acting  as  a  trustee  of  the  Chinese  interest  in  these  vessels,  I  am  prepared 
to  say,  that  if  the  said  sum  of  £152,500  be  refunded  to  the  Chinese  government,  as  well 
as  the  value  of  the  said  munitions  of  war,  that  the  Emperor  of  China  can  have  no  other 
claim  upon  Her  Majesty's  government  for  indemnification  ;  and  that  the"  rest  of  the 
pecuniary  loss  ought  justly  to  fall  on  the  Emperor  of  China. 


No.  45. 
Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  February  27,  1865. 

Sir:  I  have  laid  before  EarlEussell  your  letters  of  the  25th  and  27th 
instant  respecting  the  proposed  arrangement  for  taking  over,  at  the 
price#of  £152,000,  the  vessels  composing  the  late  Anglo-Chinese  squad- 
ron, with  the  intention,  as  stated  in  your  letter  of  the  3d  instant,  of 
eventually  selling  those  vessels  to  the  best  advantage. 

In  reply  to  your  letter  of  the  3d,  I  stated  to  you,  in  my  letter  of  the 
8th,  that  while  concurring  in  the  propriety  of  the  course  recommended 
by  the  board  of  admiralty  in  regard  to  the  acquisition  of  these  vessels 
by  Her  Majesty's  government,  Lord  Russell  requested  that  their  lord- 
ships would  more  particularly  be  well  assured  that  the  vessels  would 
not  fall  into  the  hands  of  the  confederates  of  North  America  ;  and  I  am 
to  state  to  you  that,  before  Lord  Russell  assents  to  the  course  proposed 
in  your  letters  of  the  25th  and  27th  instant,  he  would  wish  to  be  in- 
formed whether  due  provision  will  be  made  both  now  and  hereafter 
against  such  a  contingency. 
I  am,  &c, 
(Signed)  *  E.  HAMMOND. 


No.  46. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  February  28, 1865.  (Received  February  28.) 
Sir  :  In  acknowledging  receipt  of  your  letter  of  yesterday's  date,  I  am 
commanded  by  my  lords  commissioners  of  the  admiralty  to  request  you 
will  state  to  Earl  Russell  that  the  arrangement  for  fixing  the  value  to 
be  paid  to  the  Chinese  government  for  the  vessels  lately  forming  the 
Anglo-Chinese  squadron  was  proposed  by  their7  lordships,  after  a  con- 
sultation with  Sir  F.  Bruce  and  Captain  Osborn,  held  at  the  request  of 
Earl  Russell. 

It  was  understood  by  my  lords  that  the  amount  to  be  allowed  to  the 
Chinese  government  was  to  be  deducted  from  the  indemnity-money 
payable  by  that  government.  To  such  an  arrangement  the  sanction  of 
the  treasury  is  required ;  and  their  lordships'  letters  of  the  25th  and  27th 
instant  were  written  with  the  view  that  the  secretary  of  state  might 
obtain  such  sanction. 

The  disposal  of  the  vessels  is  a  separate  question.  My  lords  have 
already  pointed  out  that  the  vessels  are  not  suitable  for  Her  Maj- 
esty's service,  and  have  declined  to  purchase  them ;    and  have  sub- 


814  TREATY    OF    WASHINGTON. 

mitted  to  the  foreign  office  proposals  made  by  other  parties.    My  lords 
would  not  recommend  the  acceptance  of  any  proposal  unaccompanied 
by  a  sufficient  guarantee  that  the  purchase  was  not  made  on  behalf  of  a 
belligerent  power ;  and  they  would  in  every  case  submit  the  proposals 
received  by  them  to  Earl  Russell  for  his  sanction.    The  vessels,  there- 
fore, would  not  pass  out  of  the  hands  of  the  government  without 
[714]    the  previous  approval  of  the  secretary  of  state.    And  *my  lords 
trust  that,  with  this  assurance,  his  lordship  will  not  object  to 
apply  for  the  sanction  of  the  treasury. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


No.  47. 
Mr.  Hammond  to  Mr.  Peel. 

Foreign  Office,  March  2, 1865. 

Sir  :  With  reference  to  your  letter  of  the  26th  of  August  last,  upon 
the  subject  of  the  disposal  of  the  vessels  of  the  late  Anglo-Chinese 
flotilla,  I  am  directed  by  Earl  Russell  to  transmit  to  you  copies  of  a 
dispatch  and  its  inclosures  from  Mr.  Wade,  of  the  correspondence 
between  this  office  and  the  admiralty,  of  the  dates  marked  in  the  margin,1 
from  which  it  will  be  seen  that,  with  the  view  of  relieving  Her  Majesty's 
government  as  well  as  the  government  of  the  Emperor  of  China  of  all 
further  embarrassment  in  regard  to  these  vessels,  it  is  proposed  that  a 
sum  of  £152,500  should  be  paid  to  the  Chinese  government,  in  fall  of  all 
demands.  Such  sum  to  be  deducted  from  the  quarterly  payments  of 
the  Chinese  indemnity-money. 

It  is  further  proposed  that,  as  these  vessels  are  not  deemed  suitable 
for  Her  Majesty's  service,  they  shall  be  disposed  of  by  the  undersigned, 
as  occasion  may  offer,  to  other  parties,  under  a  sufficient  guarantee 
that  they  shall  not  fall  into  the  hands  of  the  confederate  government  of 
North  America,  or  any  belligerent  power. 

Lord  Russell  requests  that  you  will  submit  these  proposals  to  the 
lords  commissioners  of  Her  Majesty's  treasury,  and  ask  for  their  con- 
currence therein. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  48. 
Mr.  Peel  to  Mr.  Hammond. 

Treasury  Chambers, 
March  17,  1865.     (Received  March  17.) 
Sir:  I  am  commanded  by  the  lords  commissioners  of  Her  Majesty's 
treasury  to  acquaint  you,  for  the  information  of  Earl  Russell,  that  they 
have  had  under  consideration  the  proposal  contained  in  your  letter  of 
2d  instant,  in  regard  to  the  mode  in  which  the  vessels  of  the  late  Anglo- 
Chinese  flotilla  should  be  disposed  of,  viz  : 
1.  That  a  sum  of  £152,000  should  be  paid  to  the  Chinese  government, 

37,  Nos.  41,  42,  43,  44,  45,  and  46. 


BRITISH    CASE    AND    PAPERS.  815 

together  with  the  value  of  certain  army  stores,  and  that  the  amount 
should  be  deducted  from  the  quarterly  payments  of  the  Chinese  indem- 
nity-money. 

2.  That,as  these  vessels  are  not  deemed  suitable  for  Her  Majesty's 
service,  they  should  be  disposed  of  by  the  admiralty,  as  occasion  may 
offer,  and  that  the  sums  so  realized  should  be  paid  into  the  exchequer. 

I  am  to  request  you  to  inform  Earl  Eussell  that  my  lords  do  not  feel 
that  they  would  be  justified,  without  the  special  sanction  of  Parliament, 
in  appropriating  any  portion  of  the  Chinese  indemnity -money  in  the 
manner  proposed  ;  that  their  lordships  understand  that  Her  Majesty's 
government  is  not  under  any  binding  engagement  with  the  Chinese 
government,  either  to  purchase  these  vessels  on  the  part  of  the  public, 
or  to  allow  the  value  of  them  to  be  stopped,  in  the  manner  proposed, 
out  of  the  regular  payments  of  the  Chinese  indemnity-money,  and  that 
the  only  engagement  which  Her  Majesty's  government  has  undertaken 
is,  to  indemnify  the  Chinese  government  for  any  loss  they  may  eventu- 
ally sustain  in  realizing  the  value  of  the  ships  and  their  stores,  owing 
to  the  acts  of  the  British  government. 

If  this  view  of  the  engagement  of  Her  Majesty's  government  be 
correct,  my  lords  would  recommend  that  the  admiralty  should  under- 
take the  sale  of  the  vesseis ;  that  the  amounts  realized  -should  be  held 
for  the  account  of  the  Chinese  government,  and  be  remitted  to  them  in 
such  manner  as  may  be  hereafter  determined,  and  that  the  loss  which 
may  result  from  the  sales,  at  compared  with  the  admitted  value  of  the 
ships,  should,  when  ascertained,  be  made  the  subject  of  parliamentary 

provision. 
[715]        *By  this  arrangement  the  indemnity-money  will  be  left  un- 
touched, and  the  sum  required  to  be  voted  will  be  reduced  to  its 
minimum. 

If  Lord  Eussell  should  concur  in  this  view,  their  lordships  request 
that  he  will  put  himself  in  communication  with  the  board  of  admiralty 
accordingly,  and  apprise  Her  Majesty's  charge  d'affaires  at  Pekin  with 
the  decision  of  Her  Majesty's  government. 
I  am,  &c, 
(Signed)  F.  PEEL. 


No.  49. 

Earl  Russell  to  Mr.  Wade. 

Foreign  Office,  March  28, 1865. 

Sir  :  With  reference  to  your  dispatch  of  the  12th  of  September  last, 
respecting  the  disposal  of  the  vessels  of  the  late  Anglo-Chinese  flotilla, 
I  have  to  state  to  you  that,  upon  a  full  consideration  of  the  circum- 
stances, Her  Majesty's  government  are  not  prepared  to  appropriate  any 
portion  of  the  Chinese  indemnity-money  in  compensating  the  Chinese 
government  for  these  vessels. 

It  has  consequently  been  decided  that  the  admiralty  shall  be  in- 
trusted with  their  sale,  and  that  the  amount  which  may  be  realized 
shall  be  held  for  the  account  of  the  Chinese  government,' and  shall  be 
transmitted  to  them  in  such  manner  as  may  hereafter  be  determined 
upon  ;  and  that  any  loss  which  may  result  from  the  sale,  as  compared 
with  the  sum  of  £152,500,  which  is  the  admitted  value  of  the  ships, 
shall  be  made  good  to  the  Chinese  government.    Her  Majesty's  govern- 


816  TEE  AT  Y    OF   WASHINGTON. 

ment  will  in  this  manner  fully  act  up  to  their  only  engagement  with  the 
Chiuese  government  with  regard  to  these  vessels,  which  is  to  indemnify 
the  Chinese  government  for  any  loss  they  may  eventually  sustain  in 
realizing  the  value  of  the  ships  and  their  stores. 

You  will  communicate  this  decision  to  the  Chinese  government. 
I  inclose  copies  of  letters  from  the  admiralty  relating  to  the  present 
value  of  these  vessels. 
I  am,  &c, 
(Signed)  RUSSELL. 


No.  50. 
Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  March  28, 1865. 

Sir:  I  am  directed  by  Earl  Kussell  to  request  that  you  will  state  to 
the  lords  commissioners  of  the  admiralty  that,  on  the  receipt  of  your 
letter  of  the  28th  ultimo,  his  lordship  caused  a  letter,  of  which  a  copy  is 
inclosed,  to  be  "addressed  to  the  treasury,  requesting  the  concurrence 
of  that  board  in  the  arrangements  suggested  by  the  admiralty  with  re- 
gard to  the  disposal  of  the  vessels  of  the  late  Anglo-Chinese  flotilla. 

The  lords  of  the  admiralty  will,  however,  observe,  from  the  inclosed 
copy  of  the  answer  received  from  the  treasury,  that  that  board  does 
not  feel  that  it  would  be  justified,  without  the  special  sanction  of  Par- 
liament, in  appropriating  any  portion  of  the  Chinese  indemnity-money 
in  the  manner  proposed,  and  has  suggested  another  course  of  proceed- 
ing, by  which  the  indemnity-money  would  be  left  untouched,  and  the 
sum  required  to  be  hereafter  voted  would  be  reduced  to  a  minimum. 

I  am  directed  by  Lord  Eussell  to  say  that,  provided  the  vessels  in 
question  are  not  sold  directly  or  indirectly  to  any  state  or  body  of  per- 
sons at  war  with  a  state  in  amity  with  Her  Majesty,  his  lordship  is 
willing  to  concur  in  the  course  suggested  by  the  treasury,  and  requests 
that  the  lords  of  the  admiralty  will  proceed  accordingly. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


[716]  *No.  51. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  June  2,  1865. 
Sir  :  With  reference  to  former  correspondence,  I  am  commanded  by 
my  lords  commissioners  of  the  admiralty  to  acquaint  you  that  they  pre- 
sume there  will  be  now  no  objection  to  the  disposal  of  the  ships  of  the 
Anglo-Chinese  force  at  home  and  at  Bombay,  or  of  other  vessels  of  war 
which  my  lords  may  deem  it  desirable  to  dispose  of. 

I  am  further  desired  to  request  you  will  inform  Earl  Russell  that  they 
propose  to  sell  all  or  any  of  these  vessels,  either  by  private  contract  or 
by  auction,  without  taking  any  guarantee  that  they  are  not  purchased 
for,  or  intended  to  be  sold  to,  any  belligerent  power. 
I  am,  &c, 
(Signed)  W.  G.  ROMAINE. 


BRITISH    CASE    AND    PAPERS.  817 

No.  52. 
Mr.  Hammond  to  the  secretary  to  the  admiralty. 

Foreign  Office,  June  5, 1865. 
Sir  :  I  have  laid  before  Earl  Eussell  your  letter  of  the  2d  instant,  and 
I  am  directed  to  request  that  you  will  state  to  the  lords  commissioners 
of  the  admiralty,  in  reply,  that  Lord  Eussell  concurs  in  the  course  which 
their  lordships  now  propose  to  take,  with  the  view  of  disposing  of  the 
vessels  of  the  late  Anglo  Chinese  fleet,  and  of  any  other  vessels  which 
the  admiralty  may  be  desirous  of  selling. 
I  am,  &c, 
(Signed)  E.  HAMMOND. 


No.  53. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  June  19, 1865.  (Eeceived  June  20.) 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty 
to  request  that  you  will  lay  before  the  secretary  of  state  for  foreign 
affairs  the  inclosed  copy  of  a  letter  which  has  this  day  been  addressed 
to  the  secretary  of  state  for  India,  respecting  the  disposal  of  the  vessels 
of  the  Anglo-Chinese  squadron,  now  in  charge  of  the  government  of 
Bombay. 

#  I  am,  &c, 
(Signed)  J.  E.  BEIGGS,  pro  Sec. 


'    [Inclosure  in  No.  53.  | 
The  secretary  to  the  admiralty  to  Lord   Wodehouse. 

Admiralty,  June  19,  1865. 
Sir  :  I  am  commanded  by  my  lords  commissioners  of  the  admiralty  to  request  you 
will  state  to  the  secretary  of  state  for  India  that,  as  the  restriction  on  the  sale  of  the 
Anglo-Chinese  vessels  now  in  charge  of  the  government  of  Bombay  has  been  re- 
moved, my  lords  would  suggest  that  orders  should  be  sent  out  by  this  mail  to  the  proper 
authorities  to  take  measures  of  disposing  of  them  by  public  sale,  and  that,  in  the 
mean  time,  such  repairs  or  painting  as  are  required  for  the  preservation  of  the  vessels 
should  be  done  ;  the  expense  incurred  in  so  doing  to  be  repaid  out  of  the  proceeds  of 
the  sale. 

My  lords  have  no  information  as  to  the  price  these  vessels  would  be  likely  to  fetch  in 

the  market ;  their  value,  to  be  allowed  to  the  Chinese  government,  was  fixed  (by  a 

committee  appointed  to  inquire  into  the  matter)  at — Keang-soo,  £45,500  ;  Kwang- 

L717]  tuug,  £20,000;  Amoy,  £9,000;    Thule,  £8,000;    but  as  these  sums  ^included 

some  allowances  beyond  the  actual  value  of  the  vessels,  my  lords  do  not  expect 

that  this  sale  would  realize  more  than  one-half  or  three-fifths  of  that  amount,  and  they 

would  suggest  that  competent  persons  at  Bombay  should  be  directed  to  value  these 

vessels,  and  to  fix  the  minimum  price  which  should  be  accepted  for  them. 

I  am,  &c. 


No.  54. 
Mr,  Wade  to  Earl  Russell. 

[Extract.] 

Pekin,  September  6,  1865.     (Eeceived  December  2.) 
By  your  lordship's  dispatch  of  the  28th  March,  I  had  the  honor  to  be 
informed  of  the  decision  arrived  at  by  Her  Majesty's  government  re- 
H.  Ex.  282,  vol.  ii 52 


818  TREATY    OF    WASHINGTON. 

garding  the  ultimate  compensation  of  the  Chinese  government  in  the 
question  of  the  steam  flotilla,  and  I  have  now  to  acknowledge  your 
lordship's  dispatch  inclosing  copies  of  correspondence  with  the  admiralty 
on  the  same  subject. 

I  inclose  to  your  lordship  copies  of  two  dispatches  I  addressed  to  the 
prince  of  Kung  on  the  18th  ultimo;  one  forwarding  the  accounts  relat- 
ing to  the  steam  flotilla,  which  I  had  received  on  three  different  occasions 
from  Captain  Osborn ;  the  other,  announcing  the  steps  taken  by  Her 
Majesty's  government  to  secure  a  fair  estimate  of  the  value  of  the  vessels 
composing  the  flotilla. 


[Inclosure  1  in  No.  54.] 

Mr.   Wade  to  the  prince  of  Kung. 

Pekin,  August  18,  1865.- 
Sir:  I  have  the  honor  to  forward  to  your  imperial  highness  a  box  of  accounts,  and 
various  other  papers  relating  to  the  payment  of  the  crews  of  the  steam-flotilla  brought 
to  China  under  command  of  Captain  Osborn.     They  have  arrived  at  different  times, 
but  feeling  that  any  explanation  your  highness  might  require  of  the  contents  of  these 
unavoidably  voluminous  documents  would  be  most  satisfactorily  supplied  by  Mr.  Hart, 
I  waited  for  the  arrival  of  that  gentleman. 
I  renew,  &c, 
(Signed)  T.  F.  WADE. 


[Inclosure  2  in  jSto.  54.] 

Mr.  Wade  to  the  prince  of  Kung. 

Pekin,  August  18,  1865. 
Sir:  I  am  instructed  to  state  to  your  imperial  highness  that  it  has  been  decided  by 
Her  Majesty's  government  that  the  admiralty  should  be  intrusted  with  the  sale  of  the 
steam  flotilla  brought  to  China  under  command  of  Captain  Osborn ;  that  the  lords 
commissioners  of  the  navy,  having  deputed  the  comptroller  of  the  navy,  the  account- 
ant-general, and  Captain  Osborn,  to  estimate  the  value  of  the  vessels  composing  the 
flotilla,  have  reported  this  to  be  £152,500  sterling,  a  sum  equal  to  about  467,500  teals. 
Her  Majesty's  government  has  accepted  this  estimate,  and  is  prepared,  should  the  ves- 
sels in  question,  when  sold,  realize  less  than  the  amount  above  specified,  to  make  up 
that  amount  to  the  Chinese  government. 

The  sum  of  £152,500  sterling  does  not  include  the  value  of  certain  munitions  of  war, 
guns,  and  powder,  returned  by  Captain  Osborn  to  the  war  department,  which  value 
will  also  have  to  be  refunded  to  the  Chinese  government. 
I  renew,  &c, 
(Signed)  T.  F.  WADE. 


[718]  [*Inclosure  3  in  No.  54.] 

The  prince  of  Kung  to  Mr.  Wade. 

[Translation.] 

The  prince  of  Kung  makes  a  communication  in  reply.  On  the  27th  of  the  6th  moon 
of  the  4th  year  of  Tung  Chili  (18th  of  August,  1865)  the  prince  received  from  Mr.  Wade 
one  dispatch,  here  quoted,  announcing  the  estimate  of  the  value  of  the  flotilla,  and 
another,  also  quoted,  accompanying  the  accounts  forwarded  by  Captain  Osborn. 

The  steps  taken  by  the  British  government  to  enable  the  government  of  China  to 
receive  the  value  of  the  steamers,  guns,  and  munitions  of  war,  to  which  these  dispatches 
relate,  are  sufficient  proof  of  the  completeness  with  which  matters  are  arrauged  by  the 
British  government,  and  of  the  good  faith  with  which  the  promises  of  Sir  F.  Bruce 
and  Mr.  Wade  [that  due  representation  should  be  made  on  the  subject]  have  .been 
kept.  The  prince  is  deeply  impressed  by  what  has  been  done,  and  is  most  grateful  for 
it.  His  highness  will  send  the  box  of  papers  to  Mr.  Inspector -General  Hart,  that  the 
bills  it  contains  may  be  passed  into  the  accounts  of  the  flotilla,  in  order  to  a  final  set- 
tlement of  these.    In  the  mean  time,  as  in  duty  bound,  he  replies  to  Mr.  Wade. 

A  necessary  reply,  addressed  to  Mr.  Wade,  &c. 

Tung  Chih,  4th  year,  7th  moon,  6th  day,  (26th  of  August,  1865.) 


BRITISH    CASE    AND     PAPERS.  819 

No.  55. 

Sir  F.  Bruce  to  the  Earl  of  Clarendon. 

[Extract.] 

Washington,  December  9,  1865.    (Received  December  25.) 

Mr.  Burlingame,  the  minister  of  the  United  States  in  China,  has  given 
me  copy  of  a  dispatch  addressed  to  him  by  the  Chinese  government 
shortly  before  his  departure  from  China,  requesting  him  and  myself  to 
assist  in  obtaining  a  speedy  settlement  of  the  flotilla  account. 

The  communication  I  had  with  Her  Majesty's  government  on  this  sub- 
ject when  I  was  in  England  on  leave  induce  me  to  believe  that  this  ques- 
tion has  not  escaped  notice,  and  that  provision  for  this  purpose  will  be 
made  during  the  ensuing  session  of  Parliament. 

I  may  mention  that  there  is  no  doublf  that  agents  of  the  confederates 
were  on  the  look-out  to  purchase  the  more  powerful  vessels  of  the 
squadron  from  the  Chinese  had  they  been  left  in  their  hands,  and  it  is 
equally  certain  that  the  Chinese  would  have  sold  those  vessels  as  being 
unsuited  to  them. 

It  is  not  difficult  to  conjecture  what  would  have  been  the  effect  on  our 
relations  with  this  government  had  any  of  these  vessels  been  turned  into 
confederate  cruisers. 

It  would  have  been  impossible  to  disabuse  this  government  and  people 
if  the  idea  that  the  flotilla  was  a  deep-laid  scheme  to  supply  the  confed- 
erates with  an  efficient  squadron  in  the  Pacific. 
I  have,  &c, 
(Signed)  FREDERICK  W.  A.  BRUCE. 


|Inclosm*e  in  No.  55.J 

The  Tsung-U  Yamen  to  Mr.  Burlingame. 

[Translation.] 

We  beg  to  address  your  excellency  respecting  the  sale  of  these  steamers. 

Last  year  you  and  the  British  minister,  Sir  Frederick  Bruce,  made  an  excellent  ar- 
rangement for  us  respecting  the  disposition  of  Captain  Osborne's  flotilla,  according  to 
which  he  was  to  take  the  vessels  back  to  England,  dispose  of  them  there,  and  remit  the 
proceeds  to  China,  and  both  myself  and  all  the  members  of  the  foreign  office  were  deeply 
grateful  for  the  friendly  disposition  and  great  assistance  rendered  us  in  arranging  this 
affair,  so  that  Ave  could  then  place  the  details  on  the  records  of  the  board  of  revenue. 
We  also  reported  the  whole  of  the  circumstances  to  the  throne,  and  received  directions 

to  arrange  it  in  that  way. 
[719]  *Ho  we ver,  more  than  a  year  has  now  elapsed  since  that  was  done,  and  when  Sir 
Frederick  Bruce  left  here  on  his  return  to  England  last  summer,  and  personally 
requested  him  to  devise  some  way  on  his  arrival  by  which  the  whole  business  could  be 
soon  closed.  In  September  last  Mr.  Wade  officially  informed  us  that,  owing  to  war 
then  existing  in  the  West,  it  was  not  unlikely  that  some  delay  would  arise  in  selling 
the  vessels,  owing  to  an  apprehension  that  some  of  the  belligerents  might  get  them. 
We  replied  that  if  the  British  government  would  take  them  for  their  own  use  one-fifth 
would  be  deducted,  and  we  inclosed  an  account  corresponding  with  this  proposition. 
He  answered  that  he  could  not  himself  make  any  final  arrangement  respecting  them; 
but  as  soQn  as  the  directions  of  his  government  respecting  them  were  received  he  would 
inform  us. 

As  no  intimation  concerning  this  matter  had  been  received  in  November  last,  we 
wrote  to  Sir  Frederick  Bruce  himself,  urging  him  to  arrange  it  as  soon  as  he  could,  and 
confided  the  letter  to  Mr.  Wade  to  translate  and  forward.  As  nothing  has  been  hitherto 
received  from  Sir  Frederick  about  the  sale  of  the  vessels  and  remittance  of  the  pro- 
ceeds, as  we  had  expected,  we  are  left  in  a  state  of  anxious  uncertainty  concerning 


820  TREATY    OF    WASHINGTON. 

them.  We  are  well  aware  that  he  and  your  excellency  made  the  most  suitable  and 
satisfactory  arrangement  at  the  time  for  their  disposal,  and  we  all,  both  myself  and 
colleagues  in  the  foreign  office,  have  entire  confidence  in  your  honor;  but  as  the  affair 
is  connected  with  the  revenue  of  the  country  as  long  as  it  remains  unsettled,  so  long 
are  we  responsible  for  the  issue. 

'  Knowing,  then,  that  you  both  so  willingly  agreed  as  to  the  proper  mode  of  action,  we, 
therefore,  do  not  hesitate  to  write  your  excellency  this  note  upon  the  subject.  As  soon 
as  you  can  ascertain  the  present  value  of  these  steamers  or  (and)  when  their  proceeds 
will  be  remitted  to  China,  we  shall  be  very  much  pleased  to  receive  your  answer,  and 
thereby  be  relieved  from  our  present  suspense. 


Card  of 
With  those  of 


PRINCE  KUNG. 

PANYUM, 
WENSIANG, 

TSUNGLUN, 
SUNG  SIUN, 
KUNGLI,  and 
SIOH  HWAN. 


No.  56. 

Mr.  Adams  to  the  Earl  of  Clarendon. 

Legation  of  the  United  States, 
London,  December  28,  1865.     (Received  December  28.) 

My  Lord  :  In  a  conversation  which  I  had  the  honor  to  hold  with 
your  predecessor,  the  Right.  Honorable  Earl  Russell,  on  the  25th  Feb- 
ruary, 1864,  J  acquitted  myself  of  what  was  to  me  a  most  agreeable 
duty,  of  signifying  to  Her  Majesty's  government  the  high  sense  enter- 
tained by  that  which  I  have  the  honor  to  represent  of  the  friendly  pro- 
ceedings of  Her  Majesty's  envoy  in  China,  Sir  Frederick  Bruce,  in 
regard  to  the  disposition  to  be  made  of  the  vessels  then  known  as  the 
"  Osborn  flotilla." 

I  now  have  the  honor  to  submit  to  your  lordship's  consideration  copies 
of  certain  papers  which  have  been  transmitted  to  me,  for  the  purpose  of 
explaining  the  views  held  by  my  Government  of  the  'further  measures 
which  Sir  Frederick  has  been  pleased  to  adopt  to  facilitate  the  com- 
plete execution  of  the  plan  proposed  in  that  case. 

I  am  instructed  to  express  to  your  lordship  the  entire  satisfaction  of 
the  United  States  with  the  course  pursued  by  Sir  Frederick  in  refer- 
ence to  this  matter,  as  also  in  his  relations  with  the  Government  at 
Washington  ;  and  to  inform  you  that  it  would  be  agreeable  to  it  if  the 
views  to  be  presented  should  find  favor  with  Her  Majesty's  government. 
I  pray,  &c, 

'       (Signed)  CHARLES  FRANCIS  ADAMS. 


£720]  [*Inclo8ure  1  in  Xo.  56.] 

Mr.  Burlingame  to  Mr.  Seward. 

Washington,  November  27,  1865. 
Sin  :  I  have  the  hoiior  to  inclose  a  note  handed  to  me  on  behalf  of  Prince  Kung,  by 
Tung.  Sinn  and  Harki,  members  of  the  foreign  office  in  China.  It  relates  to  the 
"Osborn  flotilla,"  and  my  connection  therewith.  I  ascertained  in  London  that  the 
British  government  would  take  the  vessels,  and  pay  for  them,  as  soon  as  an  appropria- 
tion could  be  made.     I  was  requested  by  the  British  authorities  to  consult  with  Sir 


BRITISH    CASE    AND    PAPERS.  821 

Frederick  Bruce,  now  the  British  minister  here,  to  the  end  that  he  might  advise  his 
government  in  the  interests  of  justice.  I  have  seen  Sir  Frederick,  who,  I  am  happy  to 
say,  is  prepared  to  aid  the  Chinese,  and  to  urge  his  government  to  at  once  close  this 
business  according  to  their  wishes. 

This  proposed  action  on  his  part  is  hut  a  continuation  of  that  spirit  of  amity  which 
led  him,  in  the  interests  of  peace,  to  send  the  flotilla  to  England,  and  will  be  appre- 
ciated by  you. 

I  have,  &c, 

(Signed)  ANSON  BURLINGAME. 


llnclosure  2  in  ISo.  56.] 

The  Tsung-li  Yamen  to  Mr.  Burlingame,  February  11,  1865. 

[See  inclosure  in  No.  .r>5.] 


No.  57. 

The  secretary  to  the  admiralty  to  Mr.  Hammond. 

Admiralty,  December  30,  1865.  (Received  December  30.) 
Sir:  With  reference  to  your  letter  of  the  28th  instant  and  its  incis- 
ures, calling  the  attention  of  my  lords  commissioners  of  the  admiralty 
to  the  importance  of  an  early  settlement  of  the  question  of  the  disposal 
of  the  vessels  of  the  late  Anglo-Chinese  flotilla,  1  am  commanded  by 
their  lords  to  acquaint  you,  for  the  information  of  Earl  Clarendon,  that 
they  have  accepted  the  offer  of  the  Egyptian  government,  made  through. 
Efflatouu  Bey,  to  purchase  the  vessels,  named  on  the  other  side  hereof,1 
at  the  prices  stated  against  their  names,  and  my  lords  would  suggest 
that  the  sum  of  £30,100  should  be  paid  at  once  to  the  Chinese  govern- 
ment. 

I  am,  &c, 

(Signed)  W.  G.  EOMAINE. 


No.  58. 
Earl  Russell  to  Mr.  Adams. 

Foreign  Office,  December  30, 1865. 

Sir  :  I  have  had  the  honor  to  receive  your  letter  of  the  28th  instant, 
and  its  inclosures,  respecting  the  disposition  of  the  vessels  known  as  the 
"Osborn  Flotilla"  and  the  course  pursued  by  Sir  F.  Bruce  in  the  matter. 

Her  Majesty's  government  learn  with  great  satisfaction  that  the 
steps  taken  by  Sir  F.  Bruce  in  that  matter,  as  also  his  relations  with 
the  Government  at  Washington,  are  acceptable  to  the  government. 

Her  Majesty's  government  have  also  received  from  Her  Majesty's 
charge  d'affaires  at  Peking  a  copy  of  a  note  dated  the  26th  of  August 
last,  in  which  His  Highness  Prince  Kung  expresses  himself  grateful  to 
Sir  F.  Bruce  for  his  conduct  in  regard  to  those  vessels.  Her  Majesty's 
government  are  using  their  utmost  endeavors  to  wind  up  the  affair  in 
a  manner  which  shall  be  satisfactory  to  all  parties  ;  and  I  may  mention 

1  China,  (late  African,)  £12,500;  Pekin,  (late  Mohawk,)  £9,600;  Tien-tsin,  £8r000. 
Total,  £30,100. 


822  TREATY    OF    WASHINGTON. 

that  I  have  lately  been  informed  by  tlie  board  of  admiralty  that 
[721]    they  are  in  *  treaty  with  the  Egyptian  government  for  the  pur- 
chase by  that  government  of  the  vessels  of  the  squadron  now  in 
this  country,  and  that  the  commodore  commanding  in  India  has  been 
directed  to  take  the  necessary  steps  for  disposing  of  those  at  Bombay. 
I  am,  &c, 
(Signed)  KUSSELL. 

P.  S. — Since  writing  the  above,  I  have  been  informed  by  the  admiralty 
that  they  have  sold  three  of  the  vessels,  viz,  the  China,  Pekiu,  and 
Tien-tsin,  to  the  Egyptian  government  for  the  sum  of  £30,100. 

Pv. 


No.  59. 

Mr.  Hamilton  to  Mr.  Hammond. 

Treasury  Chambers, 
February  25,  1867.     (Eeceived  February  25.) 

Sir:  The  lords  commissioners  of  Her  Majesty's  treasury  have  had 
before  them  your  letter  of  the  18th  instant,  further  respecting  the  sale 
of  two  of  the  vessels  of  the  late  Anglo-Chinese  squadron  and  the  pay- 
ment of  the  proceeds  to  the  Chinese  government. 

My  lords  desire  me  to  state,  for  the  information  of  Lord  Stanley,  that 
they  have  received  no  intimation  that  the  purchase-money  of  the  vessels 
referred  to  has  been  placed  to  the  credit  of  Her  Majesty's  government ; 
but,  adverting  to  the  recommendation  of  Lord  Stanley,  that  the  amount 
should  be  remitted  to  the  Chinese  government  with  the  least  possible 
delay,  they  will  be  prepared  to  give  the  necessary  instructions,  by  the 
next  mail,  to  the  officer  in  charge  of  the  treasury-chest  at  Hong-Kong, 
to  hold  the  amount  at  the  disposal  of  Her  Majesty's  minister  at  Peking 
for  this  purpose. 

Lord  Stanley  will  have  perceived  that  a  vote  has  been  recently  taken 
to  make  good  the  loss  incurred  under  the  arrangement  with  regard  to 
this  squadron ;  and  my  lords  propose,  should  his  lordship  concur  with 
them,  to  issue  directions  to  the  officer  in  charge  of  the  chest  at  the  same 
time  to  hold  that  sum  also  at  the  disposal  of  Her  Majesty's  minister  at 
Peking. 

Under  the  terms  of  the  arrangement  referred  to  in  the  letter  from 
this  board  of  17th  March,  18G5,  the  total  sum  to  be  paid  to  the  Chinese 
government  on  account  of  these  vessels  was  stated  at  £152,500,  besides 
the  value  of  stores,  &c. 

Of  this  sum  directions  have  been  already  given  for  the  payment  by 
the  treasury-chest : 

On  February  10,  1866 £20,500 

May5  9,600 

December  8  8,124 

38, 224 


Leaving  a  balance  of  £141,276  remaining  due  to  the  Chinese  govern- 
ment, for  the  payment  of  which  directions  will  be  given  to  the  officer 
in  charge  of  the  treasury-chest. 
In  addition  to  the  above-mentioned  payments,  Lord  Stanley  is  aware 


BRITISH    CASE    AND    PAPERS.  823 

that  the  sums  of  £13,850  12s.  3d.  and  £3,758  lis.  Id.  respectively  have 
been  placed  at  the  disposal  of  the  Chinese  government  on  account  of 
stores  returned  from  these  vessels. 

My  lords  will  be  glad  to  be  informed  in  what  manner  it  is  proposed 
that  the  proceeds  of  the  sales  of  the  Amoy  and  Kwangsoo  will  be  placed 
to  the  credit  of  the  imperial  government. 

I  am,  &c, 

(Signed)  GEO.  A.  HAMILTON. 


No.  60. 

Earl  Russell  to  Sir  B.  Alcock. 

Foreign  Office,  February  26, 1867. 

Sir  :  You  were  informed  by  Lord  Clarendon's  dispatch  of  the  26th  of 

May  last,  that  steps  were  being  taken  to  dispose  of  the  ships  of  the  late 

Anglo-Chinese  squadron  still  remaining  on  hand,  and  that  as  soon 

[722]    as  the  price  realized  by  their  sale  had  been  *  ascertained,  an 

application  would  be  made  to  Parliament  for  a  grant  of  the 

balance  required  to  make  up  the  sum  of  £152,500,  at  which  the  flotilla 

had  been  valued.  , 

I  am  happy  to  acquaint  you  that  the  two  remaining  ships  have  now 
been  sold,  and  that  a  vote  has  been  taken  in  the  House  of  Commons 
which  enables  Her  Majesty's  government  to  make  provision  for  the  set- 
tlement of  the  whole  claim  of  the  Chinese  government. 

The  sums  which  up  to  this  date  you  have  been  instructed  to  pay  to 
the  Chinese  government  on, account  of  the  squadron  are  as  follows: 

February  9, 1866 £20,000 

May  8, 1866 9,600 

December  7,  1866 8,124 

38, 224 

Leaving  a  balance  of  £114,276  remaining  due  to  them. 

Of  that  sum,  £11,250  has  been  realized  by  the  sale  of  the  Kwangsoo 
and  Amoy,  and  the  remainder  having  been  provided  by  a  Parliamentary 
grant,  instructions  will  be  sent  by  the  lords  commissioners  of  the  treasury 
to  -their  officer  in  charge  of  the  treasury-chest  at  Hong-Kong,  to  hold 
the  amount,  £114,276,  at  your  disposal ;  and  I  have  to  instruct  you  to 
make  arrangements  with  that  officer  for  the  remittance  of  the  money  to 
you,  and  to  pay  it  over  to  the  Chinese  government  in  such  a  manner  as 
may  be  most  agreeable  to  them. 

The  sum  being  a  larger  one  than  the  ordinary  resources  of  the  treasury- 
chest  at  Hong-Kong  would  be  sufficient  to  meet,  the  amount  will,  I 
understand,  be  sent  out  in  bullion  to  Hong-Kong  by  the  mail  leaving 
Southampton  on  the  4th  of  March. 

In  making  the  payment  to  Prince Kung  you  will  express  to  his  imperial 
highness  the  regret  of  Her  Majesty's  government  that  the  conclusion  of 
this  affair  should  have  been  so  loug  delayed  by  circumstances  beyond 
their  control,  and  their  hope  that  the  settlement  of  it  which  has  now 
been  effected  may  prove  satisfactory  to  the  Chinese  government. 
I  am,  &c. 
(Signed)  BUSSELL. 


I723]  *SUMTER. 


CORRESPONDENCE  BETWEEN  THE  AMERICAN  AND  DUTCH 

GOVERNMENTS. 


TABLE    OF   CONTENTS. 


From  whom  and  to  whom. 


Mr.  Seward  to  Mr.  Pike. 


Mr.  Pike  to  Mr.  Seward 


.do. 


Baron  Van  Zuylen  to  Mr.  Pike 
Mr.  Pike  to  Mr.  Seward 


Date. 


.do 


.do 


Baron  Van  Zuylen  to  Mr.  Pike 


9     Mr.  Seward  to  Mr.  Pike. 


.do 


Mr.  Pike  to  Mr.  Seward. 
Mr.  Seward  to  Mr.  Pike. 

Mr.  Pike  to  Mr.  Seward. 


.  do 


Mr.  Seward  to  Mr.  Pike. 

Mr.  Pike  to  Mr.  Seward. 

Mr.  Seward  to  Mr.  Pike. 
do 

Mr.  Pike  to  Mr.  Seward. 


Mr.  Seward  to  Mr.  Pike. 


Aug.  15, 1861 
Aug.  28, 1861 

Sept.  4,1861 
Sept.  2,1861 

Sept.  11,1861 

Sept.  18, 1861 

Sept.  25, 1861 
Sept.  17, 1861 


Sept.  28, 1S61 
Oct.  4, 1861 

Oct.  9, 1861 
Oct.  10,1861 

Oct.  12,1861 

Oct.  16,1861 
Oct.  17,1861 

Oct,  23,1861 

Oct.  30,1861 
Nov.  2,1861 
Nov.    6,1861 

Nov.  11, 1861 

Nov.  11, 1861 
Nov.  23, 1861 


Subject. 


Instruction  to  bring  before  the  gov- 
ernment of  the  Netherlands  the 
friendly  reception  of  the  Sumter  at 
Curacoa,  and  to  demand  reparation. 

Friendly  reception  of  the  Sumter  at 
Curacoa.  Perhaps  the  Dutch  proc- 
lamation of  neutrality  had  failed  to 
reach  that  island.  Has  made  a  rep- 
resentation. 

Has  protested  against  the  Sumter's 
being  recognized  as  a  ship  of  war. 

"Will  give  a  reply  regarding  the  Sum- 
ter on  receiving  a  report  from  Cura- 
coa. 

Has  urged  the  Dutch  government  to 
regard  all  confederate  vessels  as 
privateers,  and  to  exclude  them 
from  Dutch  ports. 

Has  informed  the  Dutch  government 
that  the  United  States  regard  all 
confederate  marauding  vessels  as 
pirates. 

Inclosing  Baron  Van  Znylen's  answer, 
with  remarks  thereon  and  reply. 

The  Sumter  was  harbored  because 
in  actual  distress.  The  secession- 
ists hold  the  position  of  belliger- 
ents, and  as  such  are  entitled  to 
hospitality  for  their  ships.  Instruc- 
tions shall  be  sent  to  prevent  Dutch 
ports  being  used  as  a  basis  for  hos- 
tilities. 

Hopes  that  the  Dutch  government 
will  disavow  the  conduct  of  their 
subordinates. 

The  Sumter  has  been  received  at  Pa- 
ramaribo. Instruction  to  protest 
and  demand  censure  on  the  author- 
ities. 

Has  protested  against  the  entertain- 
ment of  the  Sumter  at  Paramaribo. 

To  urge  the  Dutch  government  to 
come  to  a  decision  as  to  the  treat- 
ment of  rebel  cruisers. 

Dutch  government  have  ordered  their 
colonial  authorities  to  require  rebel 
cruisers  to  leave  within  twenty-four 
hours,  and  only  to  supply  them 
with  twenty-four  hours'  coal. 

Inclosing  Baron  Van  Zuylen's  explana 
tions  as  to  Paramaribo. 

To  inform  Baron  Van  Zuylen  that  the 
United  States  cannot  admit  that  the 
Sumter  is  a  ship  of  war.  They  are 
not  inclined  to  argue,  but  to  treat 
the  question  as  a  practical  one. 

Has  expressed  satisfaction  to  Dutch 
government  at  orders  issued  to  their 
colonial  authorities.  They  have 
strained  a  point  in  favor  of  the 
United  States. 

Awaits  explanations  of  the  T)utch 
government. 

Satisfaction  at  orders  issued  to  Dutch 
colonial  authorities. 

The  orders  as  to  vessels  only  remain- 
ing twenty-four  hours  extend  to 
both  belligerents.  Privateers  are 
entirely  excluded. 

To  express  to  Dutch  government  satis- 
faction at  practical  measures  taken 
to  prevent  recurrence  of  circum- 
stances complained  of. 
Acknowledging  receipt  of  his  dis- 
patch of  October  16. 
Felicitate  government  of  the  Nether- 
lands on  renewal  of  cordial  rela- 
tions. 


<u.2 


Page. 
75J5 


725 


726 

727 


1-27 


728 


729 
730 


734 

734 

734 

735 

735 

736 

738 

739 

740 
740 
740 

741 

741 
741 


[™]  *S  U  M  T  E  R 


CORRESPONDENCE  BETWEEN  THE  AMERICAN  AND  DUTCH 

GOVERNMENTS. 


[Printed  from  papers  relating  to  foreign  affairs,  presented  to  Congress 

December,  1861.] 

No.  1. 

Mr.  Seward  to  Mr.  Pike. 

No.  15.]  Department  of  State, 

Washington,  August  15,  1861. 

Sir  :  We  learn,  in  a  manner  which  obliges  us  to  give  unwilling  credit, 
that  the  Sumter,  an  armed  steamer  well  known  throughout  smmcB.-corre- 
all  the  American  seas  to  be  a  privateer  fitted  out  for  and  trtSSriS^S 
actually  engaged  in  depredations  upon  the  commerce  of  the  ^iichGove«»nent* 
United  States  by  some  disloyal  citizens,  under  the  command  of  an  offi- 
cer named  Semmes,  on  or  about  the  17th  of  July  last,  entered  the  port 
of  Curacoa  and  communicated  directly  with  the  local  authorities  of  th^t 
island  j  that  she  was  hospitably  received  there,  and  was  permitted  to 
take  a  large  quantity  of  coals,  (said  to  be  120  tons,)  and  also  to  take  on 
board  a  large  supply  of  provisions ;  that  the  privateer's  crew  was 
allowed  entire  freedom  in  the  place ;  that  when  one  of  the  crew  had  de- 
serted, an  order  was  given  by  the  authorities  of  the  port  for  his  arrest  ; 
that  the  attempt  for  that  purpose  having  proved  unsuccessful,  the  same 
authorities  pledged  themselves  that  the  arrest  should  be  afterward 
effectually  made,  and  that  the  deserter  should  be  held  in  custody,  to 
be  surrendered  to  the  pirate  captain  on  his  return  homeward  to  the 
island. 

You  are  instructed  to  bring  this  matter  immediately  to  the  notice  of 
the  government  of  the  Netherlands.  The  subject  of  damages  for  so 
great  a  violation  of  the  rights  of  the  United  States  will  be  considered 
when  we  shall  have  properly  verified  the  facts  of  the  case.  In  the 
mean  time  you  will  ask  the  government  of  the  Netherlands  for  any  ex- 
planation of  the  transaction  it  may  be  able  or  see  fit  to  give.  You  will 
further  say  that  the  United  States,  if  the  case  thus  stated  shall  prove 
to  be  correct,  will  expect,  in  view  of  the  treaties  existing  between  the 
two  countries,  and  the  principles  of  the  law  of  nations,  as  well  as  upon 
the  ground  of  assurances  recently  received  from  the  governor  of  the 
Netherlands,  that  it  will  disown  the  action  of  its  authorities  at  Curacoa, 
and  will  adopt  efficient  means  to  prevent  a  recurrence  of  such  proceed- 
ings hereafter.  If  of  the  case  thus  presented  shall  not  be  found  entirely 
erroneous,  or  be  very  essentially  modified,  the  United  States  will  expect 
that  the  governor  of  the  island  of  Curacoa  will  be  promptly  made  to 


830  TREATY    OF    WASHINGTON. 

feel  the  severe  displeasure  of  the  government  of  the  Netherlands,  a 
country  with  which  we  have  lived  on  terms  of  unbroken  friendship  for 
three-quarters  of  a  century. 

I  am,  &c, 

(Signed)  WILLIAM  H.  SEWARD. 


No.  2. 

Mr.  Pike  to  Mr  Seward. 

No.  14.]  United  States  Legation, 

The  Hague,  August  28,  1861. 

The  mails  of  to-day  bring  intelligence  from  America  that  the  priva- 
teer steamer  Sumter,  bearing  the  so-called  confederate  flag,  has  been 
permitted  by  the  authorities  at  Ouracoa  to  enter  and  replenish  her  ex- 
hausted stock  of  fuel  and  supplies  with  which  to  renew  her  career  of 

depredation  upon  the  commerce  of  the  United  States. 
[726]  *I  have  instantly  called  the  attention  of  this  government  to 
these  reports,  and  have  assured  the  minister  of  foreign  affairs 
that,  if  they  shall  be  borne  out  by  the  facts  of  the  case,  in  view  of  the 
recent  prompt  and  friendly  action  of  the  Dutch  government  in  relation 
to  privateering,  they  will  be  regarded  by  the  Government  and  people  of 
the  United  States  with  equal  regret  and  surprise. 

I  think  it  will  prove  that  the  orders  of  the  Dutch  government  to  their 
colonial  authorities  to  exclude  privateers  from  their  ports,  which  were 
issued  about  the  middle  of  June,  and  of  which  I  apprised  you  on  the 
16th  of  that  month  in  my  dispatch  No.  4,  have  by  some  means  failed  to 
reach  Ouracoa.  The  ships  which  were  sent  out  were  expected  to  rend- 
ezvous at  Ouracoa  and  winter  in  those  seas.  But  they  may  be  delaying 
their  visit  to  avoid  the  heats  of  summer.  I  hope  to  be  able  to  afford 
you  more  detailed  information  by  the  next  mail,  which  want  of  time 
prevents  me  from  obtaining  now  in  season  for  this. 

I  thought  of  suggesting  the  publication  in  our  newspapers  of  the 
Dutch  proclamations,  copies  of  which  I  forwarded  to  you  with  the  dis- 
patch referred  to,  but  I  concluded  the  Department  did  not  need  my 
suggestions  on  that  head. 


No.  3. 

Mr.  Pike  to  Mr.  Seward. 

No.  15.]  United  States  Legation, 

The  Hague.  September  4,  1861. 

Sib:  Since  writing  to  you  on  the  2Sth  ultimo  in  regard  to  my  action 
on  the  strength  of  the  public  reports  in  respect  to  the  steamer  Sumter, 
I  have  received  your  dispatch  (No.  15)  under  date  of  the  loth  of  August, 
and  also  its  duplicate. 

I  immediately  addressed  a  communication  to  this  government  pre- 
senting the  substance  of  that  dispatch.  I  have  since  had  two  inter- 
views with  Baron  Van  Zuylen,  the  minister  of  foreign  affairs,  on  the 


BRITISH    CASE    AND    PAPERS.  831 

questions  involved  and  likely  to  be  involved  in  the  case.  Mr.  Yan  Zuy- 
len  has  informed  me  that  his  government  has  received  a  brief  communi- 
cation from  the  governor  of  Curacoa,  stating  that  the  vessel  in  question 
put  into  the  port  of  Curacoa  in  distress,  and  was  not  a  privateer. 

In  the  course  of  our  first  interview  Baron  Van  Zuylen  dropped  the 
remark  that  it  was  probable  the  vessel  was  regarded  as  a  ship  of  war 
of  the  so-called  Confederate  States,  but  he  subsequently  seemed  to 
desire  to  withdraw  the  suggestion. 

I  felt  it  to  be  my  duty  to  protest  against  the  idea  that  aid  and  coun- 
tenance could  be  afforded  by  a  friendly  power  to  the  Sumter,  though 
she  did  assume  the  character  of  a  ship  of  war  of  the  insurgents.  I 
claimed  that  were  she  afforded  shelter  and  supplies  on  this  ground  by 
the  authorities  at  Curacoa,  and  should  the  Dutch  government  approve 
the  act,  it  would  be,  substantially,  a  recognition  of  the  southern  confed- 
eracy, and  that,  in  my  judgment,  such  an  act  would  be  regarded  by  the 
United  States  as  an  unfriendly  and  even  hostile  act,  which  might  lead 
to  the  gravest  consequences.  I  held  that  nothing  more  need  be  asked 
by  the  so-styled  Confederate  States,  as  a  practical  measure  of  recogni- 
tion, than  that  a  ship  like  the  Sumter,  claiming  to  be  a  national  vessel 
of  those  States,  should  be  permitted  to  enter  the  neighboring  ports  of 
foreign  nations,  and  there  obtain  the  necessary  means  to  enable  her  to 
depredate  upon  the  commerce  of  the  United  States.  That  such  a  course 
on  the  part  of  any  power,  aggravated  by  the  fact  that  she  was  unable 
to  obtain  such  supplies  at  home,  so  far  from  being  neutral  conduct  was 
really  to  afford  the  most  efficient  aid  to  the  men  who  were  in  rebellion 
against  their  own  Government,  and  plundering  and  destroying  the  ves- 
sels and  property  of  their  fellow-citizens  on  the  high  seas.  I  protested 
against  such  a  doctrine  as  tending  necessarily  to  the  termination  of  all 
friendly  relations  between  our  Government  and  any  government  that 
would  tolerate  such  practices,  whether  that  government  were  France  or 
England,  or  Spain  or  Holland.  I  remarked  that  it  was  not  for  me  to 
judge  of  the  purposes  of  European  powers  in  regard  to  the  existing 
state  of  things  in  the  United  States ;  but  if  there  were  to  be  exhibited 
a  disposition  anywhere  to  take  advantage  of  our  present  situation,  I 
believed  it  would  be  found  that  such  a  course  could  not  be  taken  with 
impunity  now,  nor  without  leading  to  alienation  and  bitterness  in  the 
future. 

Baron  Yan  Zuylen  hereupon  explained  that  the  earnest  desire  of  his 
government  was  to  maintain  friendly  relations  with  the  United  States, 
and  to  do  nothing  to  interrupt  the  existing  harmony  between  the  two 
countries.  That  the  point  in  question  had  not  been  considered  by  his 
government,  and  that  the  whole  case  should  receive  careful  attention 
so  soon  as  the  facts  relating  to  it  could  be  ascertained.  He  has  since 
sent  me  a  note  on  the  subject,  which  I  inclose. 

The  baron  stated  to  me  that  the  governor  of  Curagoa  had  received 
the  instructions  of  the  Dutch  government,  and  the  baron  was  of  the 
opinion  that  the  governor  had  paid  too  much  attention  to  the  letter, 
overlooking  the  spirit  of  the  instructions ;  which  remark  I  took  to  mean 
that,  as  the  governor's  instructions  only  ordered  the  exclusion  of  priva- 
teers and  vessels  not  in  distress,  and  that  as  the  Sumter  claimed  to  be 
a  vessel  of  war,  and  to  be  in  distress,  the  governor  had  sought  to  shield 
his  action  under  this  shallow  and  transparent  device  of  the  privateer, 
which  could  certainly  deceive  nobody  who  was  not  willing  to  be  deceived. 

I  presume  there  is  no  danger  of  the  Dutch  government  taking  any 
position  on  this  question  in  haste,  as  that  is  not  their  way.  It  is  quite 
probable  they  will  take  time  to  send  to  Curcaoa  for  facts  and  particu- 


832  TREATY    OF    WASHINGTON. 

lars.  Meantime  the  British  government  seem  likely  to  have  to  act  on 
the  same  question,  as  I  see  the  Sumter  has  been  at  Trinidad,  which  will 
afford  them  a  precedent,  for  which  I  am  the  more  sorry,  as  I  learned 
enough  while  I  was  in  England  to  satisfy  me  that  that  government  was 
likely  to  indulge  in  loose  practices  in  regard  to  vessels  sailing  under 
the  confederate  flag. 

But  there  is  nothing  in  the  circumstances  or  disposition  of  this  gov- 
ernment, in  my  opinion,  to  induce  them  to  exhibit  unfriendliness  to 
us  or  grant  favors  to  the  confederates,  whatever  there  may 
[727]  *be  on  the  part  of  some  of  their  slaveholding  governors,  of  whom 
I  infer  him  of  Curacoa  to  be  one.  I  expect,  therefore,  to  find  the 
authorities  here  pursue  a  course  void  of  offense  toward  the  United 
States,  however  others  may  act.  I  shall  make  it  my  endeavor  to  induce 
the  minister  of  foreign  affairs  to  have  sent  out  at  once  such  instructions 
to  the  West  Indies  as  will  prevent  the  Sumter,  or  her  confederates, 
from  making  use  of  the  Dutch  ports  in  future,  whatever  their  preten- 
sions. 

Since  penning  the  foregoing,  and  at  the  last  moment  before  being 
compelled  to  close  for  the  mail,  I  have  had  a  third  interview  with  Baron 
Van  Zuylen.  He  states  that  the  instructions  sent  out  in  June  were 
framed  purposely  different  from  those  of  France,  and  excluded  all  ref- 
erence to  vessels  of  war,  solely  because  that  course  was  deemed  more 
favorable  to  the  United  States  Government,  which  had  ships  of  war 
and  no  privateers.  You  will  remember  that  I  called  attention  to  this 
peculiarity  at  the  time. 

In  answer  to  my  inquiry  whether  he  would  not  immediately  adapt  his 
instructions  to  cover  such  cases  as  that  of  the  Sumter,  information  of 
which  I  was  desirous  to  transmit  by  the  next  steamer,  he  replied  that 
the  subject  was  now  under  consideration  in  the  colonial  department. 
He  insisted,  however,  that  the  Governor  of  Curacoa  declared  the  vessel 
was  admitted  on  the  ground  of  her  being  in  distress,  she  having  car- 
ried away  one  of  her  masts,  and  that  before  admitting  her  he  convoked 
his  council,  who  recommended  the  course  he  pursued. 

I  renewedly  represented  to  Baron  Van  Zuylen  the  very  grave  charac- 
ter of  this  question  and  its  vital  importance  to  the  commerce  of  the 
United  States. 

Since  the  government  here  must  by  this  time  fully  understand  that 
our  Government  is  very  much  in  earnest  on  this  subject,  I  entertain  the 
hope  that  they  will  hurry  their  deliberations  to  a  favorable  conclusion. 

Allusion  having  been  made  on  my  part  to  the  possible  influence  of 
slaveholding  sympathies  in  this  case,  I  was  pleased  to  be  informed  by 
Baron  Yan  Zuylen  that^  the  question  of  slavery  had  been  finally  deter- 
mined in  Holland,  and  that  emancipation  is  to  take  place  in  all  the 
Dutch  colonies  within  two  years. 
I  have,  &c, 
(Signed)  JAMES  S.  PIKE. 


No.  4. 

Baron  Van  Zuylen  to  Mr.  Pike. 

s  [Translation.  ] 

The  Hague,  September  2,  1861. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  communi- 
ca  tions  of  the  28th  of  August  and  of  2d  of  September. 


BRITISH    CASE    AND    PAPERS.  833 

I  hastened  to  communicate  these  notes  to  the  minister  of  the  colonies, 
and  I  hope  to  be  enabled  at  an  early  day,  and  so  soon  as  the  reports  .of 
the  Governor  of  Curaeoa  respecting  the  affair  of  the  steamer  Sumter 
shall  be  known  to  me,  to  give  you  a  reply  upon  this  subject. 

Be  pleased,  &c, 

(Signed)  DE  ZUYLEX  DE  NIJEVELT. 


No.  5. 

Mr.  Pike  to  Mr.  Seward. 

[Extract.] 
No.  16.] 

Legation  of  the  United  States, 

The  Hague,  September  11,  1861. 
Subsequently  to  the  interviews  I  had  with  the  minister  of  foreign 
affairs,  of  which  I  spoke  in  my  last,  and  after  the  transmission  to  you 
of  my  dispatch  (No.  15)  of  the  4th  instant,  I  addressed  the  following 
communication  to  Baron  Yan  Zuylen : 

"  Legation  of  the  "United  States, 
"The  Hague,  September  7,  1861. 

"  Sir  :  I  do  not  understand  this  government  to  have  yet  distinctly  con- 
ceded '  belligerent  rights'  to  the  self-styled  Confederate  States. 

"  In  behalf  of  my  Government  I  beg  to  say  that  I  trust  Holland  will 
not  take  this  position  now,  and  open  the  questions  to  flow  therefrom. 
By  doing  so,  this  Government  may  make  an  enemy  of  the  United  States, 
through  the  consequences  growing  out  of  that  act.  But  Holland  will 
not  thereby  make  a  friend  of  the  rash  and  misguided  men  who  lead  the 
rebellion  against  the  American  Government.  For  their  object  is  to 
perpetuate  and  extend  African  slavery.  With  this  object  Holland  can 
have  no  sympathy.  Your  government  has  just  now  determined  to  abol- 
ish that  remnant  of  barbarism  in  your  colonial  possessions. 

"  The  slaveholders'  rebellion  cannot  be  successful.  The  United  States 
has  determined  it  shall  not  be,  and  that  it  will  preserve  the  Union  of 
the  States  at  whatever  cost. 

"  But  even  if  we  admit,  for  argument's  sake,  that  some  of  the  slave- 
holding  States  should  be  allowed  hereafter  to  depart  from  the  Union r, 
still  would  the  rebellion  be  unsuccessful  in  its  objects,  and  hospitality 
shown  to  its  progress  be  unavailing.  The  United  States  would  be  still 
resolute  to  defeat  the  purposes  of  the  rebel  slaveholder.  They  would 
do  this  by  their  own  unaided  efforts.  They  might  readily  co-operate 
with  foreign  powers  to  the  same  end.  Such  of  those  powers  as  hold 
possessions  in  America  wherein  slavery  has  been  abolished,  would  join 
in  this  object  from  motives  of  justice  and  humanity,  as  well  as  from 
considerations  of  policy  and  consistency.  Those  who  have  colonies 
where  the  practice  still  prevails  would  gladly  concur  in  self-de- 
[728J  fense.  England  having  abolished  slavery,  *Erance  having  put 
it  under  her  feet,  the  position  of  these  two  great  maritime  pow- 
ers on  this  subject  is  fixed.  The  recent  action  of  the  French  Emperor 
is  conclusive  as  to  the  policy  of  that  powerful  monarchy.  Spain,  in  her 
late  trespass  upon  St.  Domingo,  has  been  constrained  to  formally  stipu- 
late that  she  will  not  re-introduce  slavery  in  that  island ;  Mexico  and 
Central  America  will  be  only  too  eager  to  enter  into  stipulations  that 
H.  Ex.  282,  vol.  ii 53 


834  TREATY    OF   WASHINGTON. 

shall  save  them  from  any  attempted  spoliation,  and  preserve  the  condi- 
tion of  freedom  from  slavery  for  all  their  inhabitants  now  and  hereaf- 
ter. A  common  civilization  throughout  the  world  will  look  with  favor 
on  a  common  union  to  crush  the  offensive  purposes  of  the  rebellious 
slaveholder.  His  success,  therefore,  is  out  of  the  question.  Unless  the 
world  is  to  go  backward,  and  history  reverse  its  lessons,  this  rebellion 
in  its  leading  purposes  is  foredoomed.  Even  governments  cannot  save 
that  against  which  humanity  revolts.  Surrounded  by  communities  on 
the  north,  on  the  south,  on  the  west,  that  have  expelled  slavery ;  the 
islands  of  the  Carribean  sea  nearly  all  emancipated  from  this  pestilent 
system  ;  the  fabric  of  the  rebellious  slaveholder,  which  he  is  so  madly 
ambitious  to  erect,  were  even  its  temporary  establishment  possible, 
would  soon  be  washed  away  by  the  attrition  of  surrounding  influence 
upon  its  crumbling  foundations,  and  its  remains  left  a  ruin  in  the  world. 

"  It  is  thus  neither  just  nor  politic,  in  any  point  of  view,  for  the  pow- 
ers of  Europe  to  do  anything  to  encourage  this  abortive  and  criminal 
enterprise  of  the  rebellious  American  slaveholder,  for,  though  they 
should  do  ever  so  much,  the  effort  will  be  none  the  less  abortive,  through 
the  operation  of  forces  that  governments  cannot  control. 

u  ^ne  recognition  of  *  belligerent  rights'  to  the  party  in  question  by 
England  and  Fiance  was  a  precipitate  and  unnecessary  act.  It  was 
surely  time  enough  to  do  this  when  the  alternative  presented  an  embar- 
rassing situation. 

"The  Dutch  govenment  has  been  wiser.  In  continuing  to  occupy 
the  position  of  refusing  all  countenance  to  the  authors  of  such  a  hateful 
rebellion,  the  Netherlands  will  do  an  act  which  will  be  viewed  with  the 
liveliest  satisfaction  by  the  United  States,  and,  I  may  be  permitted  to 
add,  one  worthy  the  tradition  of  this  ancient  and  renowned  State,  and 
will  set  an  example  well  worthy  the  respect  and  consideration  of  other 
nations. 

u  The  undersigned,"  &c. 

On  the  9th  instant  I  had  an  interview  with  Baron  Yan  Zuylen,  again 
urging  him,  in  the  most  earnest  manner,  to  issue  such  instructions  to 
the  Dutch  authorities  in  the  West  Indies  as  would  peremptorily  exclude 
from  their  ports  every  species  of  craft  set  afloat  by  the  secessionists. 

Baron  Van  Zuylen  appears,  and  I  have  no  doubt  is,  very  desirous  to 
do  all  he  possibly  can,  under  what  he  deems  the  requirements  of  public 
law,  to  carry  out  the  wishes  of  the  United  States  in  this  matter.  He 
does  not  consider  that  his  government  has  recognized  belligerent  rights, 
and  desires  not  to  be  pressed  on  that  point.  I  told  him  we  had  no  de- 
sire to  press  him  to  do  anything,  except  to  issue  such  instructions  to  his 
colonial  governors  as  will  effectually  exclude  the  piratical  vessels  of  the 
secessionists  from  making  use  of  the  Dutch  ports. 

He  asked,  then,  if  we  would  consent  to  have  our  own  ships  of  war 
excluded.  I  told  him,  if  that  was  necessary  to  relieve  him  from  a 
dilemma,  I  did  not  know  how  far  such  an  act  might  be  tolerated  for 
the  sake  of  an  advantage  which  we  could  procure  in  no  other  way. 
We  might  not  find  fault,  if  thereby  we  found  our  interests  advanced. 
But,  01  course,  I  could  not  undertake  to  commit  my  government  on  the 
point.  I  remarked  that  exclusion  would  not  operate  to  our  disadvan- 
tage, inasmuch  as  we  had  command  of  the  sea,  while  it  would  be  fatal  to 
the  plunderers,  as  they  had  no  retreat  at  home.  He  intimated  that  his 
government  contemplated  making  the  proposition  to  the  United  States. 
He  also  remarked  that  the  course  of  our  own  Government  threw  imped- 
iments in  their  way;  for  while  we  regarded  the  secessionists  a3  rebels, 


BRITISH    CASE    AND    PAPERS.  .  835 

we  did  not  seem  to  treat  them  as  such  when  taken  prisoners,  not  even 
their  privateers.  I  concluded  the  interview  by  renewedly  urging  every 
consideration  I  could  adduce  to  induce  him  to  issue  the  desired  orders, 
and  to  lose  no  time  in  doing  it. 

He  will  soon  make  a  written  communication  on  the  whole  subject, 
which  I  will  forward  at  the  earliest  moment  after  receiving  it. 

After  my  interview  I  addressed  Baron  Yan  Zuylen  the  following 
note: 

United  States  Legation, 
The  Hague,  September  9,  1861. 

Sir  :  Referring  to  our  conversation  of  to-day,  I  beg  to  suggest  that  what  appears  to 
you  a  practical  difficulty  may,  it  seems  to  me,  be  properly  overcome  by  your  govern- 
ment issuing  orders  to  its  colonial  authorities  to  regard  all  armed  vessels  bearing  the 
so-called  confederate  flag  as  privateers.  They  are  so  in  fact,  and  they  should  not  be 
allowed  to  shield  themselves  under  any  other  pretext.  Unless  a  vessel  claiming  to  be 
a  ship  of  war  exhibit  some  prima  facie  evidence  of  being  such,  in  her  size,  and  in  her 
other  external  symbols  and  aspects,  which  these  piratical  crafts  do  not,  the  proper 
authorities  may  well  claim  the  right  to  decline  all  investigation  of  the  case,  and  as- 
sume her  unlawful  character. 

The  undersigned,  &c. 


No.  6. 

Mr.  Pike  to  Mr.  Seicard. 

[Extract.] 
[No.  17.] 

United  States  Legation, 
The  Hague,  September  18,  1861. 
The  minister  of  foreign  affairs  has  not  yet  furnished  me  with  the 
promised  communication  on  the  Sumter  case. 
[729]        *On  the  12th  instant  I  addressed  him  the  following  note : 

Sir  :  Referring  to  my  recent  communication  to  you  on  the  case  of  the  Sumter, 
I  beg  to  say,  in  order  to  avoid  all  possibility  of  cavil  or  misapprehension,  that,  in 
speaking  of  or  alluding  to  the  marauding  vessels  of  the  persons  in  rebellion  against 
the  United  States  Government  as  "  privateers,"  I  refer  to  them  as  such  only  in  the  sense 
of  their  own  pretensions ;  the  United  States  Government,  as  you  are  well  aware, 
regarding  them  solely  as  piratical  craft,  and  the  persons  engaged  thereon  as  pirates. 
I  have,  &c. 


No.  7. 

Mr.  Pike  to  Mr.  Seicard. 

[Extract.] 

No.  18.]  United  States  Legation, 

The  Hague,  September  25,  1861. 

I  have  the  honor  to  inclose  the  communication  from  the  Dutch  gov- 
ernment in  reference  to  the  Sumter  case.  Though  dated  the .17th,  it  did 
not  make  its  appearance  to  me  till  the  20th. 

You  will  perceive  that  the  ground  taken  in  regard  to  the  harboring 
of  the  Sumter  in  the  port  of  Curacoa  is,  that  it  was  the  case  of  a  vessel 
in  distress. 

This  paper,  however,  goes  beyond  the  case  in  hand,  and  argues  the 
claim  of  the  seceding  States  to  be  considered  belligerents,  and  their 


836  TEE  AT  Y    OF   WASHINGTON. 

rights  as  such,  besides  going  over  the  whole  ground  of  the  rights  of 
neutrals. 

Baron  Yan  Zuylen  makes  out  to  his  own  satisfaction  that  the  seces- 
sionists hold  that  position,  and  that  this  carries  with  it  the  right  of 
hospitality,  in  neutral  ports,  to  their  ships  of  war. 

To  my  suggestion  in  my  note  of  the  9th,  that  the  Sumter  was  in  no  just 
sense  a  ship  of  war,  but  a  privateer,  or,  as  our  Government  claims,  a 
pirate,  and  that  the  want  of  the  ordinary  characteristics  of  a  ship  of 
war,  besides  the  fact  that  she  bore  a  strange  flag  of  no  recognized 
nationality,  entitled  us  to  ask  of  Holland,  as  a  friendly  nation,  to  assume 
her  unlawful  character.  Mr.  Yan  Zuylen  opposes  an  argument  to  show 
that  the  Sumter  was  really  a  ship  of  war  of  the  Confederate  States,  and 
that  an  impartial  neutrality  demanded  that  she  be  so  treated.  He  finds 
his  support  of  his  position  that  this  was  the  Sumter's  real  character  in 
the  declarations  of  her  captain,  and  in  the  allegations  of  Harper's 
Weekly. 

The  minister  of  foreign  affairs  seems  to  admit  the  forcaof  the  argu- 
ment 1  had  previously  urged,  that  it  was  inconsistent  wira.  ail  ideas  of 
a  just  neutrality  that  these  marauding  vessels  of  the  secessionists  could 
be  allowed  to  make  free  use  of  the  neighboring  ports  of  a  power  hplding 
friendly  relations  with  the  United  States  for  hostile  purposes,  and  this, 
too,  while  deprived  of  all  shelter  or  resource  at  home.  And,  in  reply 
to  my  earnest  request  that  he  would  cause  to  be  issued  to  the  Dutch 
colonial  authorities  iu  the  West  Indies  orders  against  such  use  of  their 
ports,  Baron  Yan  Zuylen  de  Nijevelt  declares,  under  cover  of  his  gen- 
eral principles,  that  orders  shall  be  issued  in  the  sense  of  forbidding 
the  use  of  the  Dutch  ports  as  the  base  of  operations  against  the  United 
States  commerce,  or,  as  he  phrases  it,  by  either  of  the  belligerents. 

In  regard  to  this  part  of  Mr.  Yan  Zuylen's  communication,  I  will  here 
observe  that  much  will  depend  upon  the  character  of  these  instructions, 
and  not  less  upon  the  spirit  in  which  they  are  executed.  It  is  in  the 
power  of  the  Dutch  government,  and  of  its  colonial  authorities,  to  so 
act  upon  the  basis  of  the  rule  laid  down  on  this  head,  as  to  avoid 
further  cause  of  complaint  on  the  part  of  the  United  States,  and  to 
effectually  prevent  these  sea-robbers  from  making  use  of  the  Dutch 
ports  as  a  means  of  pursuing  their  ravages ;  and  I  have  so  expressed 
myself  to  Baron  Yan  Zuylen,  in  the  note  of  which  I  have  the  honor  to 
annex  a  copy.  I  will  add  that  I  have  confidence  that  such  orders  will 
be  given. 

The  following  is  a  copy  of  my  note  to  Mr.  Yan  Zuylen : 

United  States  Legation, 

The  Hague,  September  23,  1861. 

Sir  :  I  have  had  the  honor  to  receive  your  communication  of  the  17th  instant,  which 
will,  in  due  time,  receive  that  attention  its  importance  merits. 

Meantime  I  desire  to  observe  that,  as  must  have  been  obvious  to  you,  I  have  hitherto 
contented  myself  with  advancing  general  considerations  appealing  to  the  friendly 
dispositions  of  Holland,  rather  than  in  invoking  the  application  of  the  strict  rules  of 
public  law  to  the  case  under  review. 

The  Dutch  government  exercises  its  undoubted  right  in  overlooking  such  considera- 
tions, and  in«assuming  the  championship  of  a  so-called  neutrality,  which  insists  upon 
treating  a  domestic  disturbance  as  a  war  between  equals. 

For  those  who  so  desire,  as  I  am  sure  Holland  does  not,  it  is  easy  to  be  persuaded  of 
an  incipient  nationality  in  an  insurrection,  and  to  see  ti  ship  of  war  in  every  pirate 
that  insults  mankind  with  her  depredations,  or  shocks  it  with  her  crimes. 

I  have  great  satisfaction  in  learning  from  his  communication  that  Baron  Van  Zuylen 
recognizes  the  force  of  the  considerations  I  have  had  the  honor  to  present  to  him, 
touching  the  evident  violation  of  a  just  neutrality  which  is  involved  in  the  free  use  of 


BRITISH    CASE   AND    PAPERS.  837 

the  ports  of  the  Netherlands  by  the  cruisers  of  persons  engaged  in  piratical  depreda- 
tions upon  the  commerce  and  snipping  of  the  United  States,  and  also  in  learning  that 
the  government  of  His  Majesty  has  determined  that  it  will  not  permit  its  ports  to  be 
made  the  base  of  operations  against  that  commerce,  and  that  instructions  in  this  sense 
will  be  addressed  to  the  governors  of  the  Netherlands'  colonial  possessions. 

It  is  in  the  power  of  the  Dutch  government,  acting  upon  the  rule  it  has  thus 
[730]    laid  down,  to  issue  *such  instructions  to  its  colonial  authorities  as  shall  prevent 
further  cause  of  complaint  on  the  part  of  the  United  States,  if  those  instruc- 
tions shall  be  executed  in  good  faith. 

The  United  States  Government  will  rely  upon  the  action  of  Holland  in  this  respect, 
and  will  still  confidently  look  for  such  a  course  on  the  part  of  the  Dutch  government 
as  will  aid  it  in  driving  the  instigators  of  rebellion  and  the  plunderers  of  property 
upon  the  high  seas  fi»om  the  haunts  they  infest,  and  in  bringing  them  to  condign 
punishment. 

I  have.  &c, 

(Signed)  JAMES  S.  PIKE. 

To-day  I  have  addressed  Baron  Van  Zuylen  the  following  note  : 

United  States  Legation, 

The  Hague,  September  25,  1861. 

Sir:  I  shall  to-day  forward  your  communication  of  the  17th  instant  to  my  Govern- 
ment. I  do  it  with  reluctance,  since  its  basis  is  found,  as  I  have  already  remarked  to 
you,  in  the  assumption  of  the  government  of  the  Netherlands  that  the  domestic  dis- 
turbance in  the  United  States  is  a  war  between  equals. 

It  cannot  be  supposed  that  the  United  States  will  consent  to  debate  the  question  of 
an  abridgment  of  their  sovereignty  with  Holland  or  any  other  nation. 

The  United  States  are  one  whole  undivided  nation,  especially  so  far  as  foreign  nations 
are  concerned,  and  Holland  is,  by  the  law  of  nations  and  by  treaties,  not  a  neutral 
power  between  two  imaginary  parties  there,  but  a  friend  of  the  United  States.  There 
is  in  the  United  States,  as  there  has  always  been  since  the  establishment  of  the  Gov- 
ernment, on©  political  power,  namely,  the  United  States  of  America,  competent  to 
make  war  and  peace,  and  conduct  alliances  and  commerce  with  foreign  nations.  There 
is  none  other,  either  in  fact  or  recognized  by  foreign  nations.  There  is,  indeed,  an 
armed  sedition  seeking  to  overthrow  the  Government,  and  the  Government  is  employ- 
ing military  and  naval  force  to  suppress  it.  But  these  facts  do  not  constitute  a  war 
presenting  two  belligerent  powers,  and  modifying  the  national  character,  rights,  and 
responsibilities,  or  the  character,  rights,  and  responsibilities  of  foreign  nations. 

That  Holland  should  take  a  different  view  of  the  case  will,  I  am  sure,  be  a  subject  of 
very  deep  regret  to  the  United  States. 

The  undersigned,  &c, 

(Signed)  JAMES  S.  PIKE. 


No.  8. 
Baron  Van  Zuylen  to  Mr.  Pike. 

[Translation.] 

The  Hague,  September  17,  1861. 
Sir  :  The  department  of  the  colonies  has  just  communicated  to  me 
the  information,  transmitted  by  the  governor  of  Curagoa,  concerning 
the  affair  of  the  ship  Sumter,  and  I  hasten  to  bring  to  your  notice  the 
following  observations,  by  way  of  sequence  to  the  preliminary  reply 
which  I  had  the  honor  to  address  to  you  on  the  2d  of  this  month. 
According  to  the  principles  of  the  law  of  nations,  all  nations,  without 
exception,  may  admit  vessels  of  war  belonging  to  a  belligerent  state  to 
their  ports,  and  accord  to  them  all  the  favors  which  constitute  an  asylum. 
Conditions  are  imposed  on  said  vessels  during  their  stay  in  the  port  or 
roadstead.  For  example,  they  must  keep  perfect  peace  with  all  vessels 
that  may  be  there ;  they  may  not  augment  their  crews,  nor  the  number 
of  their  guns,  nor  be  on  the  look-out  in  the  ports  or  roadsteads,  for  the 


838  •  TREATY    OF   WASHINGTON. 

purpose  of  watching  after  hostile  vessels  arriving  or  departing,  &c. 
Besides,  every  state  has  the  right  to  interdict  foreign  vessels  of  war 
from  entrance  to  ports  which  are  purely  military.  Thus  it  was  that 
Sweden  and  Denmark,  in  1854,  at  the  time  of  the  Crimean  war,  reserved 
the  right  to  exclude  vessels  of  war  from  such  or  such  ports  of  their 
dominions. 

The  neutral  power  has  also  the  right  to  act  like  France,  who,  by  her 
declaration  of  neutrality  in  the  war  between  the  United  States  and  the 
Confederate  States,  under  date  of  9th  June  last,  (Moniteur  of  11th  June,) 
does  not  permit  any  vessel  of  war  or  privateer  of  one  or  other  of  the 
belligerents  to  enter  and  remain  with  their  prizes  in  French  ports  longer 
than  twenty-four  hours,  unless  in  case  of  refuge  under  stress. 

In  the  proclamation  of  the  month  of  June  last,  which  was  communi- 
cated to  you  with  my  dispatch  of  the  13th,  the  government  of  the 
Netherlands  has  not  excluded  vessels  of  war  from  her  ports. 

As  to  privateers,  the  greatest  number  of  maritime  nations  allows 
them  the  privilege  of  asylum  upon  the  same  conditions  nearly  as  to 
vessels  of  war. 

According  to  a  highly-esteemed  author  on  the  law  of  nations,  (Haute- 
feuille,  "  Droits  et  Devoirs  des  Nations  Neutres,"  i,  page  139,)  privateers 
may  claim  entrance  into  the  ports  of  nations  which  have  consented  to 
accord  asylum  to  them,  not  only  in  cases  of  pressing  dangers,  but  even 
in  cases  in  which  they  may  deem  it  advantageous,  or  even  only  agree- 
able, and  for  obtaining  rest  or  articles  of  secondary  necessity,  such  as 
the  refreshments  they  may  have  need  of. 

The  terms  of  the  proclamation  of  the  Netherlands  government, 
which  admits  privateers  into  the  Netherlands  ports  only  in  cases  of 
distress,  harmonizes  with  this  doctrine. 

Moreover,  according  to  the  information  received  from  the  governor 
of  Curacoa,  the  Sumter  was  actually  in  distress,  and  that  functionary 
could  not,  therefore,  refuse  to  allow  the  said  vessel  to  enjer  the  port. 

Strong  in  its  amicable  intentions,  the  King's  government  does  not 
believe  itself  bound  to  confine  itself  to  the  defense  of  the  conduct  of 
one  of  its  agents  in  the  particular  case  under  discussion.  It  is  not 
ignorant  that  it  can  or  may  hereafter  be  a  contested  question  in  such 
cases  as  to  the  reality  of  the  distress  in  which  such  vessel  or  other 
would  be,  and  that  thus  the  subject  of  the  admission  generally  of 
[731]  *the  Confederate  States  vessels  would  rest  untouched.  I  there- 
fore, sir,  think  it  opportune  to  look  into  the  question  to  determine 
whether  the  Sumter  should  have  been  admitted  at  Curacoa,  outside  of 
the  condition  of  well-assured  distress. 

It  evident  that  the  reply  to  be  made  is  'dependent  on  another  ques- 
tion— that  is  to  say,  was  this  vessel  a  man-of-war  or  a  privateer  ? 

In  the  latter  case  the  Netherlands  government  could  not,  except  in 
case  of  a  putting-in  compelled  by  distress,  ("  relache  forcCe,")  admit  the 
Sumter  into  the  ports  of  its  territorities. 

It  is  not  sufficient  to  dispose  of  the  difficulty  by  the  declaration  that 
the  Sumter  is,  as  is  stated  in  your  dispatches,  "  a  vessel  fitted  out  for, 
and  actually  engaged  in,  piratical  expeditions,"  or  "  a  privateer  steam- 
er.'7 Such  an  assertion  should  be  clearly  proved,  in  accordance  with 
the  rule  of  law,  "  affirmanti  incumbit  probation 

After  having  poised,  with  all  the  attention  which  comports  with  the 
weightiness  of  the  matter,  the  facts  and  circumstances  which  character- 
ize the  dissensions  which  are  now  laying  desolate  the  United  States, 
and  of  which  no  government  more  desires  the  prompt  termination  than 
does  that  of  the  Netherlands,  I  think  I  may  express  the  conviction  that 


BRITISH    CASE    AND    PAPERS.  839 

the  Sumter  is  not  a  privateer,  but  a  man-of-war — grounding  myself  on 
the  following  considerations : 

In  the  first  place,  the  declaration  of  the  commander  of  the  vessel, 
given  in  writiug  to  the  governor  of  Curacoa,  who  had  made  known  that 
he  would  not  allow  a  privateer  to  come  into  the  port,  and  had  then 
demanded  explanations  as  to  the  character  of  the  vessel.  This  declara- 
tion purported  "  the  Sumter  is  a  ship  of  war,  duly  commissioned  by  the 
government  of  the  Confederate  States." 

The  Netherlands  governor  had  to  be  contented  with  the  word  of  the 
commander  couched  in  writing.  M.  Ortolan,  (u  Diplomatic  de  la  Mer," 
i,  p.  217,)  in  speaking  of  the  evidence  of  nationality  of  vessels  of  war, 
thus  expresses  himself : 

"  The  flag  and  the  pennant  are  visible  indications,  but  we  are  not 
bound  to  give  faith  to  them  until  they  are  sustained  by  a  cannon  shot." 

The  attestation  of  the  commander  may  be  exigible,  but  other  proofs 
must  be  presumed ;  and,  whether  on  the  high  seas  or  elsewhere,  no  for- 
eign power  has  the  right  to  obtain  the  exhibition  of  them. 

Therefore,  the  colonial  council  has  unanimously  concluded  that  the 
word  of  the  commanding  officer  was  sufficient. 

In  the  second  place,  the  vessel  armed  for  war  by  private  persons  is* 
called  "  privateer."  The  character  of  such  vessel  is  settled  precisely, 
and,  like  her  English  name,  (privateer,)  indicates  sufficiently  under  this 
circumstance  that  she  is  a  private  armed  vessel — name  which  Mr. 
Wheaton  gives  them.     ("  Elements  of  International  Law,"  ii,  p.  19.) 

Privateering  is  the  maritime  warfare  which  privateers  are  authorized 
to  make,  for  their  own  account,  against  merchant- vessels  of  the  enemy 
by  virtue  of  letters  of  marque,  which  are  issued  to  them  by  the  state. 

The  Sumter  is  not  a  private  vessel ;  is  not  the  private  property  of  un- 
connected individuals,  of  private  ship-owners.  She  therefore  cannot  be 
a  privateer ;  she  can  only  be  a  ship  of  war  or  ship  of  the  state  armed 
for  cruising.  Thus  the  Sumter  is  designated  in  the  extract  annexed 
from  Harper's  Weekly,  under  the  name  of  "  rebel  ship  of  war." 

Thirdly.  It  cannot  be  held,  as  you  propose  in  your  dispatch  of  the 
9th  of  this  month,  that  all  vessels  carrying  the  confederate  flag  are,  with- 
out distinction,  to  be  considered  as  privateers,  because  the  principles  of 
the  law  of  nations,  as  well  as  the  examples  of  history,  require  that  the 
rights  of  war  be  accorded  to  those  states. 

The  Government  of  the  United  States  holds  that  it  should  consider 
the  States  of  the  South  as  rebels. 

It  does  not  pertain  to  the  King's  government  to  pronounce  upon  the 
subject  of  a  question  which  is  entirely  within  the  domain  of  the  internal 
regulation  of  the  United  States ;  neither  has  it  to  inquire  whether,  in 
virtue  of  the  Constitution  which  rules  that  Republic,  the  States  of  the 
South  can  separate  from  the  central  Government,  and  whether  they 
ought  then,  ay  or  no,  to  be  reputed  as  rebels  during  the  first  period  of 
the  difficulties. 

But  I  deem  it  my  duty  to  observe  to  you,  sir,  that,  according  to  the 
doctrines  of  the  best  publicists,  such  as  Vattel,  iii,  c.  18,  §  292,  and  M. 
de  Reyneval,  "  Droit  de  la  Nation  et  des  Gens,"  i",  p.  161,  there  is  a  not- 
able  difference  between  rebellion  and  civil  war.  "  When,"  says  Vattel, 
"  a  party  is  formed  in  the  state,  which  no  longer  obeys  its  sovereign, 
and  is  strong  enough  to  make  head  against  him,  or  in  a  republic,  when 
the  nation  divides  into  two  opposing  parties,  and  on  one  side  and  the 
other  take  up  arms,  then  it  is  civil  war."  It  is,  therefore,  the  latter 
which  now  agitates  the  great  American  Eepublic. 


840  TREATY    OF    WASHINGTON. 

But,  in  this  case,  the  rights  of  war  must  be  accorded  to  the  two  par- 
ties. 

Let  me  be  allowed  to  cite  here  only  two  passages, 'the  one  from  Vattel 
(ii,  c.  4,  §  56)  which  reads :  "  Whenever  affairs  reach  to  civil  war,  the  ties  of 
political  association  are  broken,  or  at  least  suspended,  between  the  sover- 
eign and  his  people.  They  may  be  considered  as  two  distinct  powers  ; 
and,  since  one  and  the  other  are  independent  of  any  foreign  authority,  no 
one  has  the  right  to  judge  between  them.  Each  of  them  maybe  right.  It 
follows,  then,  that  the  two  parties  may  act  as  having  equal  right."  The 
other  passage  is  taken  from  the  work  of  a  former  minister,  himself  be- 
longing to  the  United  States,  Mr.  Wheatou,  who,  in  his  u  Elements  of 
International  Law,"  c.  i,  p.  35,  (Am.  ed.,  part  1,  p.  32,)  thus  expresses 
himself:  u  If  the  foreign  state  would  observe  absolute  neutrality  in  the. 
face  of  dissensions  which  disturb  another  state,  it  must  accord  to  both 
belligerent  parties  all  the  rights  which  war  accords  to  public  enemies, 
such  as  the  right  of  blockade,  and  the  right  of  intercepting  merchandise 
contraband  of  war." 

As  for  historic  evidence,  it  will  suffice  to  call  to  mind  from  ancient 
times  the  struggle  of  the  United  Provinces  with  Spain,  and,  from  mod- 
ern date,  the  war  between  the  Hispano-American  colonies  and  the 
mother  country  since  1810,  the  war  of  independence  of  Greece  from 

Turkey  since  1821,  &c. 
[732]  *It  will  doubtless  be  useless  to  recollect,  on  this  occasion,  that 
the  principle  to  see  only  insurgents  in  the  States  of  the  South, 
having  neither  sovereignty  nor  rights  of  war,  nor  of  peace,  was  put  for- 
ward by  England  at4the  breaking  out  of  the  war  of  independence  of 
the  Anglo-American  colonies,  in  the  vindicatory  memoir  published  by 
the  British  court,  in  1778,  in  answer  to  the  exposition  of  the  motives  for 
the  conduct  of  France,  which  had  .lately  signed,  on  the  6th  of  February 
of  that  year,  a  treaty  with  the  United  States,  in  which  they  were 
regarded  as  an  independent  nation. 

But  the  court  of  Versailles  set  out  from  other  principles,  which  she 
developed  in  "  Observations  on  the  Vindicatory  Memoir  of  the  Court  of 
London,"  saying,  among  other  things  :  "  It  is  sufficient  to  a  justification 
of  His  Majesty  that  the  colonies  had  established  their  independence  not 
merely  by  a  solemn  declaration,  but  also  in  fact,  and  had  maintained  it 
against  the  efforts  of  the  mother  country." 

Existing  circumstances  seem  to  present  the  same  characteristics ;  and 
if  it  is  desired  to  treat  the  States  of  the  South  as  rebels,  and  accuse 
them  of  felony,  there  might  here  be  cited  as  applicable  to  the  actual 
conduct  of  the  United  States  toward  the  confederates  the  following 
remark  of  the  court  of  Versailles :  "In  advancing  this  proposition,  [that 
the  possession  of  independence,  of  which  the  French  cabinet  said  the 
Americans  were  in  the  enjoyment  in  1778,  was  a  veritable  felony,] 
the  English  minister  had,  without  doubt,  forgotten  the  course  he  had 
himself  taken  toward  the  Americans  from  the  publication  of  the  decla- 
ration of  independence.  It  is  remembered  that  the  creatures  of  the 
court  constantly  called  upon  the  rebellion  vengeance  and  destruction. 
However,  notwithstanding  all  their  clamors,  the  English  minister  ab- 
stained, after  the  declaration  of  independence,  from  prosecuting  the 
Americans  as  rebels ;  he  observed*  and  still  observes  toward  them,  the 
rules  of  war  usual  among  independent  nations.  American  prisoners 
hfave  been  exchanged  through  cartels,"  &c. 

The  rights  of  war  cannot,  then,  in  the  opinion  of  the  King's  govern- 
ment, be  refused  to  the  Confederate  States  ;  but  I  hasten  to  add  that 


BRITISH    CASE   AND   PAPERS.  841 

the  recognition  of  these  rights  does  not  import  in  favor  of  such  States 
recognition  of  their  sovereignty. 

**  Foreign  nations,"  says  M.  Martens,  ("  Precis  du  Droit  des  Gens,"  1, 
viii,  c.  3  §  264,)  "cannot  refuse  to  consider  as  lawful  enemies  those  who 
are  empowered  by  their  actual  government,  whatever  that  may  be. 
This  is  not  recognition  of  its  legitimacy." 

This  last  recognition  can  only  spring  from  express  and  official  decla- 
ration, which  no  one  of  the  cabinets  of  Europe  has  thus  far  made. 

Finally,  and  in  the  last  place,  I  permit  myself  here  to  cite  the  example 
of  the  American  privateer,  Paul  Jones. 

This  vessel,  considered  as  a  pirate  by  England,  had  captured  two  of 
His  Britannic  Majesty's  ships  in  October,  1779.  She  took  them  into 
the  Texel,  and  remained  there  more  than  two  months,  notwithstanding 
the  representations  of  Mr.  York,  embassador  of  Great  Britain  at  the 
Hague,  who  considered  the  asylum  accorded  to  such  privateer,  (pirate,  as 
he  called  it  in  his  memoir  to  the  States-General,  of  21st  March,  1780,)  as 
directly  contrary  to  treaties,  and  even  to  the  ordinances  of  the  govern- 
ment of  the  republic. 

Mr.  York  demanded  that  the  English  vessels  should  be  released. 

The  States-General  refused  the  restitution  of  the  prizes. 

The  United  States,  whose  belligerent  rights  were  not  recognized  by 
England,  enjoyed  at  that  period  the  same  treatment  in  the  ports  of  the 
republic  of  the  United  Provinces  as  the  Netherland  authorities  have 
now  accorded  to  the  Confederate  States. 

If  the  cabinet  of  the  Hague  cannot,  therefore,  by  force  of  the  preced- 
ing, class  all  the  vessels  of  the  Confederate  States  armed  for  war  in  the 
category  of  privateers,  much  less  can  it  treat  them  as  pirates,  (as  you 
call  them  in  your  dispatch  of  the  12th  of  this  month,)  or  consider  the 
Sumter  as  engaged  in  a  filibustering  expedition — "  engaged  in  a  pirat- 
ical expedition  against  the  commerce  of  the  United  States,"  as  it  reads 
in  your  communication  of  the  2d  of  September. 

Here,  again,  historic  antecedents  militate  in  favor  of  the  opinion  of 
the  Netherlands  government. 

Is  there  need,  in  fact,  to  remind  you  that  at  the  outset  of  the  war  of 
American  independence,  in  1778,  the  English  refused  to  recognize 
American  privateers  as  lawful  enemies,  under  pretense  that  the  let- 
ters of  marque  which  they  bore  did  not  emanate  from  the  sovereign 
but  from  revolted  subjects? 

But  Great  Britain  soon  had  to  desist  from  this  pretension,  and  to 
accord  international  treatment  to  the  colonists  in  arms  against  the 
mother  country. 

The  frankness  with  which  the  King's  government  has  expressed  its 
convictions  in  relation  to  the  course  to  be  taken  toward  the  States 
of  the  South  will,  without  doubt,  be  estimated  at  its  just  value  by 
the  Government  of  the  United  States. 

It  will  perceive  therein  the  well-settled  intention  to  preserve  in 
safety  the  rights  of  neutrality ;  to  lay  down  for  itself,  and  to  follow, 
a  line  of  conduct  equally  distant  from  feebleness  as  from  too  great 
adventurousness,  but  suitable  for  maintaining  intact  the  dignity  of 
the  state. 

The  government  of  the  Netherlands  desires  to  observe,  on  the  occa- 
sion of  existing  affairs  in  America,  a  perfect  and  absolute  neutrality, 
and  to  abstain,  therefore,  from  the  slightest  act  of  partiality. 

According  to  Hubner,  ("  Saisie  de  Batiments  Neutres,")  "  neutrality 
consists  in  absolute  inaction  relative  to  war,  and  in  exact  and  per- 
fect impartiality  manifested  by  facts  in  regard  to  the  belligerents,  as 


842  TREATY    OF   WASHINGTON. 

far  as  this  impartiality  has  relation  to  the  war,  and  to  the  direct  and 
immediate  measures  for  its  prosecution." 

"  Neutrality,"  says  Azuni,  ("  Droits  Maritimes,")  "  is  the  continua- 
tion in  a  state  of  peace  of  a  power  which,  when  war  is  kindled  be- 
tween two  or  more  nations,  absolutely  abstains  from  taking  any  part 
in  the  contests 

But  if  the  proposition  be  admitted  that  all  the  vessels  of  the  Con- 
federate States  armed  for  war  should  be  considered  prima  facie  as 
privateers,  would  there  not  be  a  flagrant  inequality  between  the  treat- 
ment and  the  favors  accorded  to  vessels  of  war  of  the  United  States 
and  the  vessels  of  the  Confederate  States,  which  have  not  for  the 
moment  a  navy,  properly  so  called  ! 

This  evidently  would  be  giving  proof  of  partiality  incompat- 
[733]  ible  with  real  duties  of  neutrality.  *  The  only  question  is  to 
determine  with  exactitude  the  distinctive  characteristics  be- 
tween a  privateer  and  a  ship  of  war,  although  this  may  be  difficult 
of  execution.  Thus  is  ignored  that  which  Count  Eeventlow,  envoy  of 
the  King  of  Denmark  at  Madrid,  drew  attention  to  in  1782,  that  there 
exists  among  the  maritime  powers  regulations  or  conventions  between 
sovereigns  which  oblige  them  to  equip  their  vessels  in  a  certain  manner, 
that  they  may  be  held  veritably  armed  for  war. 

You  express  also,  in  your  dispatch  of  September  2,  the  hope  that  the 
Netherlands  government  will  do  justice  to  your  reclamation,  grounding 
yourself  on  the  tenor  of  treaties  existing  between  the  Netherlands  and 
the  United  States,  on  the  principles  of  the  law  of  nations,  and,  finally, 
upon  the  assurances  you  have  received  from  the  King's  government. 

Amid  all  the  European  powers  there  are  few  who  have  better  de- 
fended the  rights  of  neutrals,  and  have  suffered  more  in  this  noble 
cause,  than  Denmark ;  and  one  of  her  greatest  statesmen  of  the  close  of 
the  last  century,  Count  Bernstorff,  has  been  able  to  declare  with  justice, 
in  his  memoir  of  July  28, 1793,  a  document  that  will  long  contiuue  to  be 
celebrated:  "A  neutral  power  fulfills  all  its  duties  by  never  departing 
from  the  most  strict  impartiality,  nor  from  the  avowed  meaning  of  its 
treaties." 

I  have  endeavored,  sir,  to  show,  in  what  precedes,  that  the  govern- 
ment of  the  Netherlands  has  fulfilled  conscientiously  its  first  duty  and 
will  adhere  faithfully  thereto. 

The  cabinet  of  the  Hague  does  not  observe,  and  will  not  observe,  less 
religiously  the  tenor  of  treaties. 

The  treaty  of  the  19th  January,  1839,  and  the  additional  convention 
of  the  26th  of  August,  1852,  only  relate  to  commerce  and  navigation. 
The  only  treaties  that  can  be  invoked  in  the  present  case  are  those  of 
the  8th  of  October,  1782. 

I  do  not  think  it  my  duty  to  enter  here  upon  a  discussion  of  princi- 
ples on  the  question  of  deciding  whether  these  treaties  can  still  be  con- 
sidered as  actually  in  force,  and  I  will  not  take  advantage  of  the  circum- 
stance that  the  Cabinet  at  Washington  has  implicitly  recognized,  by  the 
very  reclamation  which  is  the  object  of  your  dispatches,  that  the  treaties 
of  1782  cannot  any  longer  be  invoked  as  the  basis  of  international  rela- 
tions between  the  Netherlands  and  the  United  States. 

I  will  only  take  the  liberty  of  observing  to  you,  sir,  that  the  execu- 
tion of  the  stipulations  included  in  those  diplomatic  acts  would  be  far, 
in  the  present  circumstances,  from  being  favorable  to  the  Government 
of  the  Republic. 

In  fact,  we  should,  in  this  case,  admit  to  our  ports  privateers  with 


BRITISH    CASE    AND    PAPERS.  843 

• 

their  prizes,  which  could  even  be  sold  there  by  virtue  of  Article  V  of 
the  before-cited  convention  of  1782,  on  Rescues. 

It  would,  perhaps,  be  objected  that  the  treaty  of  1782,  having  been 
concluded  with  the  United  States  of  America,  could  not  be  invoked  by 
a  part  of  the  Union  which  had  seceded  from  the  central  Government; 
and  I  do  not  dissent  from  the  opinion  that  this  thorny  question  of  pub- 
lic law  would  give  rise,  should  the  case  occur,  to  very  serious  difficulties. 

But  we  cannot  lose  sight  of  the  fact  that  the  treaty  spoken  of  was 
concluded,  even  before  the  recognition  of  the  United  States  by  England, 
in  1783,  with  the  oldest  members  of  the  Republic,  among  others,  to  wit, 
with  Virginia,  North  Carolina,  South  Carolina,  and  Georgia,  and  that 
those  States  actually  figure  among  the  secessionists. 

In  1782  the  Eepublic  of  North  America  was  only  a  simple  confedera- 
tion of  States  remaining  sovereign,  united  only  for  common  defense, 
(Staatenbund,)  and  it  is  only  since  the  establishment  of  the  Constitution 
of  the  17th  of  September,  1787,  that  the  pact  which  binds  the  United 
States  received  the  character  which  is  attributed  to  it  by  Mr.  Wheaton, 
also  (Elements  of  International  Law)  of  a  perfect  union  between  all  the 
members  as  one  people  under  one  government,  federal  and  supreme, 
(Bundestaat,)  "  a  commonwealth,"  according  to  Mr.  Motley  in  his  pamph- 
let, "  Causes  of  the  Civil  War  in  America,"  p.  71. 

In  view  of  this  fundamental  difference  between  the  present  character 
of  the  Government  of  the  United  States  and  that  of  the  party  contract- 
ing the  treaty  of  1782,  it  would  be  difficult  to  refuse  in  equity  the  privi- 
lege of  the  secessionist  States  to  avail  themselves  of  it. 

It  will,  therefore,  not  escape  your  penetration  that  it  is  preferable,  as 
well  for  the  Netherlands  as  for  the  Cabinet  of  Washington,  to  leave  the 
treaty  above-mentioned  at  rest,  and  that,  in  excluding  privateers  from 
its  ports,  the  government  of  the  Netherlands  has  acted  only  in  the  in- 
terests of  the  Government  of  the  United  States,  to  which  it  is  bound  by 
feelings  of  a  friendship  which  dates  even  from  the  time  of  the  existence 
of  the  Republic  of  the  United  Provinces,  and  which  the  King's  govern- 
ment will  make  every  effort  to  maintain  and  consolidate  more  and  more. 

According  to  the  law  of  nations,  the  cases  in  which  the  neutrality  of 
a  power  is  more  advantageous  to  one  party  than  to  the  other  do  not 
affect  or  impair  it.  It  suffices  that  the  neutrality  be  perfect  and  strictly 
observed.  The  government  of  the  Netherlands  has  not  departed  from 
it,  therefore,  in  denying  admission  to  the  ports  of  His  Majesty's  territo- 
ries to  privateers,  although  at  first  glance  this  determination  is  unfavor- 
able to  the  Southern  States. 

The  difficulties  which  have  actually  arisen,  and  which  may  be  renewed 
hereafter,  the  desire  to  avoid  as  much  as  possible  everything  that  could 
compromise  the  good  understanding  between  the  governments  of  the 
United  States  and  the  Netherlands,  impose  on  the  last  the  obligation  to 
examine  with  scrupulous  attention  if  the  maintenance  of  the  general 
principles  which  I  have  had  the  honor  to  develop  might  not,  in  some 
particular  cases,  impair  the  attitude  of  neutrality  which  the  cabinet  of 
the  Hague  desires  to  observe.  If,  for  example,  we  had  room  to  believe 
that  the  Sumter,  or  any  other  vessel  of  one  of  the  two  belligerent  parties, 
sought  to  make  of  Curacoa,  or  any  other  port  in  His  Majesty's  domini- 
ons, the  base  of  operations  against  the  commerce  of  the  adverse  party, 
the  govern meut  of  the  Netherlands  would  be  the  first  to  perceive  that 
such  acts  would  be  a  real  infraction,  not  merely  of  the  neutrality  we 
wish  to  observe,  but  also  of  the  right  of  sovereignty  over  the  territorial 
seas  of  the  state,  the  duty  of  a  neutral  state  being  to  take  care  that 
vessels  of  the  belligerent  parties  commit  no  acts  of  hostility  within  the 


844  TREATY    OF   WASHINGTON. 

limits  of  its  territory,  and  do  not  keep  watch  in  the  ports  of  its  dominion 

to  course  from  them  after  vessels  of  the  adverse  party. 
[734]       instructions  on  this  point  will  be  addressed  to  the  governors 

of  the  Netherlands'  colonial  possessions. 
I  flatter  myself  that  the  preceding  explanations  will  suffice  to  con- 
vince the  Federal  Government  of  the  unchangeable  desire  of  that  of  the 
Netherlands  to  maintain  a  strict  neutrality,  and  will  cause  the  disap- 
pearance of  the  slightest  trace  of  misunderstanding  between  the  cabi- 
nets of  the  Hague  and  of  Washington. 

Accept,  &c, 

(Signed)  DE  ZUYLEN  DE  NIJVELT. 


.     No.  9. 

.    Mr.  Seward  to  Mr,  Pike. 

No.  23.]  Department  op  State, 

Washington,  September  28,  1861. 
Sir  :  By  some  accident  our  foreign  mail  missed  the  steamer.  It  is 
only  just  now  that  I  have  received  your  dispatch  of  September  4.  The 
proceeding  at  Curagoa,  in  regard  to  the  Sumter,  was  so  extraordinary 
and  so  entirely  contrary  to  what  this  Government  had  expected  from 
that  of  Holland,  that  I  lose  no  time  in  instructing  you  to  urge  the  con- 
sideration of  the  subject  with  as  much  earnestness  as  possible.  I  cannot 
believe  that  that  government  will  hesitate  to  disavow  the  conduct  of 
the  authorities,  if  they  have  been  correctly  reported  to  this  Department. 

I  am,  &c, 

(Signed)  •  WILLIAM  H.  SEWAED. 


No.  10. 

Mr.  Seward  to  Mr.  Pike.  • 

No.  24.]  Department  of  State, 

Washington,  October  4, 1861. 

Sir:  I  am  just  now  informed,  by  a  dispatch  from  Henry  Sawyer,  esq.,* 
our  consul  at  Paramaribo,  that  on  the  19th  day  of  August  last  the 
piratical  steamer  Sumter  entered  that  port,  and  was  allowed  by  the 
authorities  there  to  approach  the  town,  and  to  purchase  and  receive 
coals,  to  stay  during  her  pleasure,  and  to  retire  unmolested,  all  of  which 
was  done  in  opposition  to  the  remonstrances  of  the  consul. 

You  will  lose  no  time  in  soliciting  the  attention  of  His  Majesty's  gov- 
ernment to  this  violation  of  the  rights  of  the  United  States.  They  will 
be  well  aware  that  it  is  the  second  instance  of  the  same  kind  that  has 
occurred  in  regard  to  the  same  vessel  in  Dutch  colonies  in  the  West 
Indies. 

It  is  some  relief  of  the  sense  of  injury  which  we  feel  that  we  do  not 
certainly  know  that  the  authorities  who  have  permitted  these  wrongs 
had  received  instructions  from  their  home  government  in  regard  to  the 
rights  of  the  United  States  in  the  present  emergency.  We  therefore 
hope  for  satisfactory  explanations;  but  in  any  case,  you  will  inform  that 


BRITISH    CASE   AND   PAPERS.  845 

government  that  the  United  States  will  expect  them  to  visit  those  au- 
thorities with  a  censure  so  unreserved  as  will  prevent  the  repetition  of 
such  injuries  hereafter.  An  early  resolution  of  the  subject  is  impera- 
tively necessary,  in  order  that  this  Government  may  determine  what  is 
required  for  the  protection  of  its  natural  rights  in  the  Dutch- American 
forts. 

I  am,  &c, 

(Signed)  WILLIAM  H.  SEWAED. 


No.  11. 

Mr.  Pike  to  Mr.  Seward. 

No.  20.]  United  States  Legation, 

The  Hague,  October  9,  1861. 
Sir  :  Since  my  last,  under  date  of  October  2, 1  have  received  a  letter 
from  the  United  States  consul  at  Paramaribo,  of  which  the  following  is 
a  copy : 

United  States  Consulate, 

Port  of  Paramaribo,  September  4,  1861. 
Sir  :  I  have  the  honor  (but  with  chagrin)  to  inform  you  that  the  rebel  steamer  Sum- 
ter arrived  at  this  port  on  the  19th  of  August,  and  left  on  the  31st,  having  been  allowed 
to  coal  and  refit.    I  used  my  best  endeavors  to  prevent  it  without  avail. 
I  am,  &c, 
(Signed)  HENRY  SAWYER. 

Immediately  on  receipt  of  it,  I  addressed  the  following  note  to  the 
minister  of  foreign  affairs: 

The  Hague,  October  9,  1861. 

Sir:  I  have  just  received  a  communication  from  the  American  consul  at  Paramari- 
bo, under  date  of  the  4th  of  September  last,  which  I  lose  no  time  in  laying  before  your 
excellency. 

The  consul  states.  [See  above.] 
[735]  *  The  reappearance  of  the  Sumter  in  a  port  of  the  Netherlands,  after  so  brief 
an  interval,  seems  to  disclose  a  deliberate  purpose  on  the  part  of  the  persons 
engaged  in  the  rebellion  against  the  United  States  Government  to  practice  upon  the 
presumed  indifference,  the  expected  favor,  or  the  fancied  weakness  of  the  Dutch  gov- 
ernment. 

f  During  a  period  of  forty-six  days,  during  which  we  have  heard  of  this  piratical  ves- 
sel in  the  West  Indies,  it  would  appear  that  she  has  been  twice  entertained  and  sup- 
plied at  Dutch  ports,  and  spent  eighteen  days  under  their  shelter. 

This  can  be  no  accidental  circumstance. 

In  the  multitude  of  harbors  with  which  the  West  India  seas  abound,  the  Sumter  has 
no  occasion  to  confine  her  visits  so  entirely  to  the  ports  of  one  nation,  especially  one 
so  scantily  supplied  with  them  as  Holland.  And  the  fact  that  she  does  so  is,  in  my 
judgment,  not  fairly  susceptible  of  any  other  interpretation  than  the  one  I  have  given. 
•  I  feel  convinced  that  the  government  of  the  Netherlands  will  see  in  this  repeated 
visit  of  the  Sumter  (this  time,  it  appears,  without  -any  pretext)  a  distinct  violation  of 
its  neutrality,  according  to  its  own  views,  as  laid  down  in  your  excellency's  communi- 
cation to  me  of  the  17th  of  September  last,  and  a  case  which  will  call  for  the  energetic 
assertion  of  its  purpose  expressed  in  the  paper  referred  to,  namely,  not  to  allow  its 
ports  to  be  made  the  base  of  hostile  operations  against  the  United  States.  For  that 
the  Sumter  is  clearly  making  such  use  of  the  Dutch  ports  would  seem  to  admit  of  no 
controversy. 

In  view  of  the  existing  state  of  the  correspondence  between  the  United  States  and 
the  Netherlands  on  the  general  subject  to  which  this  case  belongs,  and  of  the  questions 
and  relations  involved  therein,  I  shall  be  excused  for  the  brevity  of  this  communica- 
tion upon  a  topic  of  so  much  importance,  and  so  provocative  of  comment. 

The  undersigned,  &c. 

I  called  to-day  upon  Baron  Van  Zuylen,  but  he  was  absent,  and  I  shall 


846  TREATY    OF   WASHINGTON. 

not,  therefore,  be  able  to  see  him  again  before  the  close  of  the  mail 
which  takes  this.  And  I  do  not  know  that  an  interview  would,  in  any- 
way, affect  the  existing  state  of  things,  or  give  me  any  new  information. 
This  government's  intentions  are  good,  and  it  desires  to  avoid  all  diffi- 
culty with  the  United  States  and  with  everybody  else. 

As  I  stated  in  my  dispatch  of  the  25th  September,  I  have  confidence 
that  orders  have  been,  given  that  will  impede  the  operations  of  these 
vessels  in  Dutch  ports  hereafter,  and  probably  drive  them  elsewhere. 

I  have,  &c, 

(Signed)  JAMES  S.  PIKE. 


No.  12. 

Mr.  Seward  to  Mr.  Pike. 

No.  25.]  Department  of  State, 

Washington,  October  10, 1861. 
Sir  :  Your  dispatch  of  September  18  (No.  17)  has  been  received. 
The  delay  of  the  government  of  the  Netherlands  in  disposing  of  the 
unpleasant    questions  which  have  arisen  concerning    the  American 
pirates  in  the  colonies  of  that  country,  is  a  subject'  of  deep  concern, 
and  you  are  instructed,  if  you  find  it  necessary,  to  use  such  urgency  as 
may  be  effectual  to  obtain  the  definitive  decision  of  that  government 
thereon  so  early  that  it  may  be  considered  by  the  President  before  the 
meeting  of  Congress  in  December  next. 
I  am,  &c, 
(Signed)  WILLIAM  H.  SEWAKD. 


No.  13. 

Mr.  Pike  to  Mr.  Seward. 

[Extracts.] 

No.  22.]  United  States  Legation, 

The  Hague,  October  12,  1861. 

Sir  :  After  reflection  upon  the  reappearance  of  the  Sumter,  and  her 
prolonged  stay  in  the  port  of  Paramaribo,  this  time  apparently  without 
pretext  of  any  kind,  I  have  felt,  in  view  of  the  position  taken  by  the 
Dutch  government  in  their  communication  to  me  of  the  17th  of  Sep- 
tember, that  we  were  entitled  to  be  specially  informed  of  the  precise 
interpretation  which  this  government  puts  upon  their  general  declara- 
tion in  the  communication  referred  to,  namely,  that  it  will  not  permit 
its  ports  to  be  made  the  base  of  hostile  operations  against  the  United 
States  conimerce. 

I  have  accordingly  made  the  direct  inquiry  of  Baron  Van  Zuylen, 
without  waiting  to  hear  what  you  have  to  say  in  response  to  that  com- 
munication. In  reply  to  my  inquiry,  Baron  Van  Zuylen  has  informed 
me  that,  previous  to  his  receiving  information  of  the  appearance  of  the 
Sumter  at  Paramaribo,  orders  were  issued  by  the  department  of  the 
colonies,  instructing  the  colonial  authorities  not  to  permit  the  repetition 
of  the  visits  of  the  Sumter,  and  other  vessels  of  the  so-called  Oonfed- 


BRITISH    CASE    AND    PAPERS.  847 

erate  States ;  and  if  they  did  make  their  appearance  in  Dutch  ports,  to 
require  them  to  leave  within  twenty-four  hours,  under  penalty  of  being 
held  to  occupy  a  hostile  attitude  toward  the  government  of  the  Neth- 
erlands.   And  further,  that  those  authorities  have  also  been  instructed 

to  forlfid  the  furnishing  such. vessels  with  more  than  twenty-four 
[736]    hours'  -supply  of  fuel. .  These  instructions,  thus  denned,  are  *to 

the  point.  Whether  they  have  been  made  general,  and  with  that 
disregard  of  distinctions  between  the  rights  of  mere  belligerents  and 
those  of  recognized  nationalities,  enjoying  pacific  relations  and  acting 
under  treaties  of  amity  and  friendship,  that  mark  the  communication  to 
which  I  have  adverted,  I  did  not  deem  it  pertinent  to  inquire,  nor  do  I 
consider  the  inquiry  of  any  value  as  regards  the  practical  bearings  of 
this  case. 

In  compliance  with  my  request,-  Baron  Yan  Zuylen  has  promised  to 
furnish  me  with  a  copy  of  the  order  referred  to,  which,  when  received, 
I  shall  transmit  to  you  without  delay. 

Although  this  order,  as  thus  described  to  me  by  Mr.  Yan  Zuylen,  only 
sustains  the  expectations  I  have  expressed  to  you  on  two  former  occa- 
sions as  to  what  the  action  of  this  government  would  be,  yet,  consider- 
ing the  present  attitude  of  the  question,  it  is  a  matter  of  some  surprise 
to  me  that  a  copy  of  it  should  not  have  been  tendered  without  waiting 

to  have  it  asked  for. 

####### 

Taking  it  to  be  as  herein  described,  I  do  not  see  that  the  position  of 
this  government,  so  far  as  its  action  is  concerned,  is  /imenable  to  very 
grave  censure,  whatever  may  be  said  of  its  theoretic  views,  since  the 
Dutch  ports  are  now,  substantially,  shut  to  the  vessels.  The  restriction 
in  regard  to  supplying  fuel,  if  adopted  by  other  powers  holding  colonies 
in  the  West  Indies,  will  put  an  end  to  rebel  operations  by  steam  in  those 
seas. 

I  take  some  gratification  in  reflecting  that  my  persistent  appeals  to 
the  government  to  issue  specific  orders,  on  some  ground,  to  their  colo- 
nial authorities,  looking  to  the  exclusion  of  the  practical  vessels  of  the 
seceding  States  from  the  Dutch  ports,  have  not  been  wholly  unavailing. 
That  the  government  has  argued  against  it,  and  declined  acting  on  any 
suggestion  I  could  make,  is  of  small  consequence,  so  long  as  they  have 
found  out  a  way  of  their  own  of  doing  the  thing  that  was  needed. 

Baron  Yan  Zuylen  has  renewedly  expressed  great  regret  that  any 
questions  should  have  arisen  between  the  two  governments. 


No.  14. 

M r.  Pike  to  Mr,  Seward* 

No.  23.]  United  States  Legation, 

The  Hague,  October  16,  1861. 

Sir  :  I  have  the  honor  to  inclose  you  the  reply  of  the  minister  of  for- 
eign affairs  to  the  communication  I  addressed  to  him  on  the  8th  instant, 
in  regard  to  the  reappearance  of  the  Sumter  at  Paramaribo.  He  states 
therein  the  character  of  the  orders  which  have  been  sent  to  the  colonial 
authorities,  to  which  I  referred  in  my  last  dispatch  of  October  12, 
(No.  22.) 

The  British  minister  here,  Sir  Andrew  Buchanan,  expressed  incredu- 


848  TREATY   OF   WASHINGTON. 

lity  and  surprise  when  I  informed  him  this  government  had  issued  the 
order  in  question.  He  declared  the  British  government  would  not  do 
it,  and  that  the  United  States  would  not  under  similar  circumstances. 
He  said  it  was  giving  us  an  advantage,  and  was  not,  therefore,  neutral 
conduct.  He  added,  that  Eussia  asked  Sweden  to  cl&se  her  ports 
against  both  belligerents  during  the  Crimean  war,  and  England  would 
not  permit  it,  alleging  that,  as  Eussia  did  not  want  to  use  them,  and 
England  did,  it  gave  the  former  an  advantage  to  which  that  power  was 
not  entitled.  The  British  government  held  that  Sweden,  as  a  neutral, 
had  no  right  to  alter  the  natural  situation  unless  it  operated  equally. 

You  see  herein  how  thoroughly  English  officials  (and  it  seems  to  me 
all  others)  are  imbued  with  the  idea  that  the  rights  of  a  mere  belliger- 
ent are  the  same  as  the  rights  of  a  nation,  in  cases  like  the  one  under 
consideration. 

I  have  received  to-day  a  letter  from  our  consul  at  Paramaribo,  dated 
September  20,  in  which  he  says  the  United  States  steamer  Powhatan 
arrived  there  on  the  14th  in  search  of  the  Sumter,  and  left  for  Brazil 
the  same  day ;  also  that  the  Keystone  State  arrived  on  the  18th  on  the 
same  errand,  and  left  on  the  19th  for  the  West  India  Islands. 

Your  dispatch  of  the  28th  of  September,  acknowledging  receipt  of 
mine  of  the  4th,  has  arrived.  As  you  make  no  mention  of  mine  of  the 
11th,  it  would  seem  another  mail  has  missed.  I  wrote  our  dispatch 
agent,  at  London,  on  the  subject  several  days  ago. 

He  replies  that  my  dispatch  of  the  4th  of  September  went  on  the  7th, 
and  that  of  the  11th  on  the  14th,  which  was  in  regular  order. 
I  have,  &c, 
(Signed)  JAMES  S.  PIKE. 


[Inclosure  in  No.  14.] 

Baron  Van  Zuylen  to  Mr.  Pike. 

[Translation.] 

The  Hague,  October  15,  1861. 

Sir  :  By  your  dispatch  of  the  8th  of  this  month  you  have  fixed  my  attention  on  the 
arrival  of  the  Sumter  at  Paramaribo,  and  you  complain  thai  on  this  occasion  the  said 
vessel  was  admitted  into  ports  of  the  Netherlands  during  eighteen  days  out  of  the 
forty-six  in  which  the  Sumter  had  shown  herself  in  the  West  Indian  Seas. 

You  suppose  that  this  is  not  a  fortuitous  case,  and  you  demand  that  the  government 
of  the  Netherlands,  in  accordance  with  the  intentions  mentioned  at  the  close  of  my 
communication  of  the  17th  September  last,  may  not  permit  its  ports  to  serve  as  sta- 
tions or  as  base  of  hostile  operations  against  the  United  States. 
[737]  *  You  have  not  deemed  it  your  duty  to  enter  for  the  moment  on  the  discussion 
of  the  arguments  contained  in  my  above-mentioned  communication,  but  you  say 
that  you  wish  to  await  preliminarily  the  reply  of  the  Cabinet  at  Washington. 

I  may,  therefore,  on  my  part,  conline  myself  for  the  moment  to  referring  as  to  what 
regards  the  admission  in  general  of  the  Sumter  into  the  ports  of  the  Netherlands,  and 
the  character  of  this  vessel,  to  the  arguments  contained  in  my  communication  of  the 
17th  September,  from  which  it  follows,  that  if  we  do  not  choose  to  consider  prima  facie 
all  the  ships  of  the  seceding  States  as  privateers,  and  if,  in  the  present  case,  the  Sum- 
ter could  not  be,  in  the  opinion  of  the  government  of  the  Netherlands,  comprised  among 
such,  entrance  to  the  ports  of  the  Netherlands  cannot  be  prohibited  to  that  vessel  with- 
out a  departure  from  neutrality,  and  from  the  express  terms  of  the  proclamation  of  the 
royal  government. 

It  has  already  been  observed  that  the  latter,  in  forbidding  access  to  the  ports  of  the 
Netherlands  to  privateers,  favors  the  United  States  much  more,  among  others,  than 
the  declaration  of  the  10th  of  June,  by  the  French  government,  which,  not  permitting 
any  vessel  of  war  or  privateer  of  the  one  or  the  other  of  the  belligerents  to  sojourn 
with  prizes  in  the  ports  of  the  empire  for  longer  time  than  twenty-four  hours,  except 
in  case  of  shelter  through  stress,  (reldche  force" e,)  admits  them  without  distinction  when 
they  do  not  bring  prizes  with  them.  But,  without  entering  here  into  useless  develop- 
ments, I  think  I  may  observe  to  you,  sir,  that  the  royal  government,  while  refusing  to 
treat  as  pirates,  or  even  to  consider  as  privateers,  all  the  vessels  of  the  Southern  States, 


BRITISH    CASE    AND    PAPERS.  849 

lias  striven  as  much  as  the  duties  of  strict  neutrality  permit,  to  keep  the  Sumter  away 
from  our  ports.  When  this  vessel  arrived  at  Paramaribo  the  commanders  of  two  ships  of 
the  French  imperial  marine,  which  were  there  at  the  time,  declared  to  the  governor  of 
Surinam  that  the  Sumter  was  a  regular  vessel  of  war,  and  not  a  privateer.  The  com- 
mander of  the  Sumter  exhibited  afterward,  to  the  same  functionary,  his  commission  as 
commandant  in  a  regular  navy. 

Although  there  was  no  reason,  under  such  circumstances,  to  refuse  to  the  Snmter 
the  enjoyment  of  the  law  of  hospitality  in  all  its  extent,  the  governor  before  referred 
to  strove  to  limit  it  as  much  as  possible.  Thus,  although  pit-coal  is  not  reputed  con- 
traband, if  not  at  most,  and  within  a  recent  time  only,  contraband  by  accident,  it  was 
not  supplied  to  the  Sumter,  except  in  the  very  restricted  quantity  of  125  tons,  at  the 
most  sufficient  for  four  days'  progress. 

However,  the  government  of  the  Netherlands,  wishing  to  give  a  fresh  proof  of  its 
desire  [to  avoid]  all  that  could  give  the  slightest  subject  for  complaint  to  the  United 
States,  has  just  sent  instructions  to  the  colonial  authorities,  enjoining  them  not  to  ad- 
mit, except  in  case  of  shelter  from  stress,  (reldche  forcee,)  the  vessels  of  war  and  priva- 
teers of  the  two  belligerent  parties,  unless  for  twice  twenty-four  hours,  and  not  to 
permit  them,  when  they  are  steamers,  to  provide  themselves  with  a  quantity  of  coal 
more  than  sufficient  for  a  run  of  twenty-fou^  hours. 

It  is  needless  to  add  that  the  cabinet  of  the  Hague  will  not  depart  from  the  principles 
mentioned  at  the  close  of  my  reply  of  the  17th  September,  of  which  you  demand  the 
application  ;  it  does  know,  and  will  know,  how  to  act  in  conformity  with  the  obliga- 
tions of  impartiality  and  neutrality,  without  losing  sight  of  the  care  for  its  own  dig- 
nity. 

Called  by  the  confidence  of  the  King  to  maintain  that  dignity,  to  defend  the  rights 
of  the  Crown,  and  to  direct  the  relations  of  the  state  with  foreign  powers,  I  know  not 
how  to  conceal  from  you,  sir,  that  certain  expressions  in  your  communications  above 
mentioned,  of  the  23d  and  25th  of  September  last,  have  caused  an  unpleasant  impres- 
sion on  the  King's  government,  and  do  not  appear  to  me  to  correspond  with  the  man- 
ner in  which  I  have  striven  to  treat  the  question  now  under  discussion,  or  with  the 
desire  which  actuates  the  government  of  the  Netherlands  to  seek  for  a  solution  per- 
fectly in  harmony  with  its  sentiment  of  friendship  toward  the  United  States,  and  with, 
the  observance  of  treaties. 

The  feeling  of  distrust  which  seems  to  have  dictated  your  last  dispatch  of  the  8th  of 
this  month,  and  which  shows  itself  especially  in  some  entirely  erroneous  appreciations 
of  the  conduct  of  the  government  of  the  Netherlands,  gives  to  the  last,  strong  in  its 
good  faith  and  in  its  friendly  intentions,  just  cause  for  astonishment.  So,  then,  the  cabi- 
net of  which  I  have  the  honor  to  form  part,  deems  that  it  may  dispense  with  undertak- 
ing a  justification  unless  to  all  who  examine  impartially,  and  without  passion,  the 
events  which  have  taken  place. 

The  news  which  has  reached  me  from  the  royal  legations  at  London  and  at  Wash- 
ington, relative  to  the  conduct  of  the  British  government  in  the  affair  of  the  Sumter, 
can  only  corroborate  the  views  developed  in  my  reply  of  17th  September  last,  and  in 
the  present  communication. 

It  results  from  this,  in  effect,  that  not  only  has  the  British  government  treated  the 
Sumter  exactly  as  was  done  at  Curacoa,  since  that  vessel  sojourned  six  or  seven  days 
at  the  island  of  Trinidad,  where  she  was  received  amicably  and  considered  as  a  vessel 
of  war,  but  that  the  crown-lawyers  of  England,  having  been  consulted  on  the  matter, 
have  unanimously  declared  that  the  conduct  of  the  governor  of  that  colony  of  England 
had  been  in  all  points  in  conformity  with  the  Queen's  proclamation  of  neutrality. 

According  to  them  the  Sumter  was  not  a  privateer,  but  a  regular  vessel  of  war 
(duly  commissioned)  belonging  to  a  state  possessing  the  rights  of  war,  (belligerent 
rights.) 

The  Sumter,  then,  has  been  treated  as  a  vessel  of  war  of  the  United  States  would 
have  been,  and  that  vessel  had  the'  same  right  to  obtain  supplies  at  Trinidad  as  any 
vessel  belonging  to  the  Navy  of  the  Northern  States. 
Accept,  &c, 
(Signed)  DE  ZUYLEN  DE  NIJEVELT. 


[738]  *No.  15. 

Mr.  Seward  to  Mr.  Pike, 

"No.  26.]  Department  of  State, 

Washington,  October  17,  1861. 
.  Sir  :  Your  dispatch  of  the  25th  of  September,  No.  18,  has  been  re- 
H.  Ex.  282,  vol.  ii 54 


850  TREATY    OF   WASHINGTON. 

ceived.  It  was  accompanied  by  a  note  which  was  addressed  to  you  by 
Baron  Van  Znylen  on  the  17th  day  of  September  last,  on  the  subject  of 
the  admission  of  the  pirate  steamer  Sumter  into  the  port  of  Ouracoa. 

I  reproduce  the  account  of  that  transaction,  which  was  made  by  this 
Government  a  subject  of  complaint  to  the  government  of  the  Nether- 
lands. The  steamer  Sumtei  hove  in  sight  of  the  port  of  Curacoa  on  the 
evening  of  the  17th  of  July,  and  fired  a  gun  for  the  pilot,  who  immedi- 
ately took  to  sea.  On  his  reaching  the  pirate  vessel,  she  hoisted  what 
is  called  the  confederate  flag,  and  the  same  being  unknown  in  that  port 
the  pilot  told  the  captain  that  he  had  to  report  to  the  governor  before 
taking  the  vessel  into  port.  The  pilot  having  made  this  report  the  gov- 
ernor replied  to  the  captain  that,  according  to  orders  from  the  supreme 
government,  he  could  not  admit  privateers  into  the  port,  nor  their  prizes, 
but  in  the  case  of  distress,  and  therefore  the  steamer  could  not  be  ad- 
mitted before  her  character  was  perfectly  known. 

In  reply  to  this  message  the  captain  of  the  steamer  remained  outside 
of  the  port  until  the  next  morning,  when  he  sent  a  dispatch  to  the  gov- 
ernor by  an  officer,  stating  that  his  vessel  being  a  duly  commissioned 
man-of  Avar  of  the  Confederate  States,  he  desired  to  enter  the  port  for  a 
few  days.  The  colonial  court  assembled  the  same  evening,  and,  on  the 
ground  of  the  declaration  and  assurance  of  the  privateer  captain,  that 
the  vessel  is  not  a  privateer,  it  was  decided  that  he  should  enter  the 
port,  and  she  entered  accordingly. 

The  consul  of  the  United  States  thereupon  informed  the  governor,  by 
a  note,  that  the  steamer  was,  by  the  laws  and  express  declaration  of  the 
United  States,  a  pirate,  and  that  on  her  way  from  New  Orleans  to  Cu- 
racoa she  had  taken  and  sent  for  sale  to  the  Spanish  island  of  Cuba 
several  American  merchant-vessels,  and  on  these  grounds  he  asked 
upon  what  pretext  and  conditions  the  unlawful  steamer  had  obtained 
admittance  into  Curacoa. 

The  governor  answered  that,  according  to  the  orders  received  from  the 
supreme  government,  neither  privateers  nor  their  prizes  are  to  be  allowed 
admittance  to  the  ports  or  bays  of  this  colony,  save  only  incases  of  distress  $ 
but  that  this  prohibition  does  not  extend  to  vessels  of  war,  and  that  the 
Sumter  being  a  man-of-war,  according  to  the  rules  of  nations,  could  not 
be  repelled  from  that  port. 

The  piratical  vessel  was  then  supplied,  at  Curacoa,  with  120  tons  of 
coals,  and  departed  at  her  own  time  and  pleasure.  On  receiving  this 
information  ycu  were  instructed  to  call  the  attention  of  the  government 
of  the  Netherlands  to  the  proceeding  of  the  governor  of  Ouracoa,  and 
to  ask  that  the  proceedings,  if  correctly  reported,  might  be  disavowed, 
and  that  the  governor  might  be  made  to  feel  the  displeasure  of  his  gov- 
ernment. 

You  performed  this  duty  in  due  season  by  addressing  a  proper  note 
to  Baron  Van  Zuylen.  On  the  2d  of  September  he  acknowledged  your 
note,  and  promised  you  an  early  reply  on  the  merits  of  the  subject. 

On  the  17th  of  September  he  communicated  this  reply  to  you  in  the 
note  which  is  now  before  me. 

I  encounter  a  difficulty  in  giving  you  instructions  for  your  reply  to 
that  paper,  because,  first,  since  the  correspondence  was  opened,  a  simi- 
lar case  of  violation  of  our  national  rights  has  occurred  in  the  hospitali- 
ties extended  to  the  same  piratical  vessel  in  the  Dutch  port  of  Pernam- 
buco,  and  has  been  made  a  subject  of  similar  complaint,  which,  as  yet, 
so  far  as  I  am  advised,  remains  unanswered ;  and,  secondly,  the  note 
of  Baron  Van  Zuylen  promises  that  special  instructions  shall  be  speed- 
ily given  to  the  colonial  authorities  of  the  Netherlands  in  regard,  to 


BRITISH   CASE    AND    PAPERS.  851 

conduct  in  cases  similar  to  those  which  have  induced  the  existing  com-  • 
plaints.    I  cannot,  of  course,  foresee  how  far  those  instructions,  yet 
unknown  to  me,  may  modify  the  position  assumed  by  the  minister  of 
foreign  affairs  in  the  paper  under  consideration. 

Under  these  circumstances  I  must  be  content  with  setting  forth, 
for  the  information  of  the  government  of  the  Netherlands,  just  what 
the  United  States  claim  and  expect  in  regard  to  the  matter  in  debate. 

They  have  asked  for  an  explanation  of  the  case,  presented  by  the  ad- 
mission of  the  Sumter  by  the  governor  of  Curacoa,  if  one  can  be  satis- 
factorily given  ;  and  if  not,  then  for  a  disavowal  of  that  officer's  pro- 
ceedings, attended  by  a  justly  deserved  rebuke. 

These  demands  have  been  made,  not  from  any  irritation  or  any  sensi- 
bility of  national  pride,  but  to  make  it  sure  that  henceforth  any  piratical 
vessel  fitted  out  by  or  under  the  agency  of  disloyal  American  citizens  , 
and  cruising  in  pursuit  of  merchant- vessels  of  the  United  States,  shal  1 
not  be  admitted  into  either  the  continental  or  the  colonial  ports  of  the 
Netherlands,  under  any  pretext  whatever.  If  that  assurance  cannot  be 
obtained  in  some  way  we  must  provide  for  the  protection  of  our  rights 
in  some  other  way.  Thus,  the  subject  is  one  of  a  purely  practical  char- 
acter ;  it  neither  requires  nor  admits  of  debate  or  argument  on  the  part 
of  the  United  States.  If  what  is  thus  desired  shall  be  obtained  by  the 
United  States  in  any  way  they  shall  be  satisfied  ;  if  it  fails  to  be  obtained 
through  the  disinclination  of  the  government  of  the  Netherlands  its 
proceedings  in  this  respect  will  be  deemed  unfriendly  and  injurious  to 
the  United  States.  The  United  States  being  thus  disposed  to  treat  the 
subject  in  a  practical  way,  they  are  not  tenacious  about  the  manner  or 
form  in  which  the  due  respect  to  their  rights  is  manifested  by  the  gov- 
ernment of  the  Netherlands,  and  still  less  about  the  considerations  or 
arguments  upon  which  that  government  regulates  its  own  conduct  in  the 
matter.  They  regard  the  whole  insurrection  in  this  country  as  epheme- 
ral 5  indeed,  they  believe  that  the  attempt  at  piracy  under  the  name  of 
privateering  made  by  the  insurgents  has  already  well-nigh  failed. 
While,  therefore,  they  insist  that  shelter  shall  not  be  afforded  to  the 
pirates  by  nations  in  friendship  with  the  United  States,  they,  at  the 
same  time,  are  not  unwilling  to  avoid  grave  debates  concerning  their 
rights  that  might  survive  the  existing  controversy.  It  remains 
[739]  only  to  say  in  this  connection  that  the  course  *whieh  the  United 
States  are  pursuing  in  their  complaints  to  the  government  of  the 
Netherlands  is  not  peculiar  to,  but  it  is  the  same  which  has  been  and  which 
will  be  pursued  toward  any  other  maritime  power  on  the  occurrence  of 
similar  grievances. 

With  these  remarks  I  proceed  to  notice  Baron  Yan  Zuylen's  commu- 
nication. You  will  reply  to  him  that  the  United  States  unreservedly 
claim  to  determine  for  themselves  absolutely  the  character  of  the  Sum- 
ter, she  being  a  vessel  fitted  out,  owned,  armed,  sailed,  and  directed  by 
American  citizens  who  owe  allegiance  to  the  United  States,  and  who 
neither  have  nor  can,  in  their  piratical  purposes  and  pursuits,  have  or 
claim  any  political  authority  from  any  lawful  source  whatever. 

The  United  States  regard  the  vessel  as  piratical,  and  the  persons  by 
whom  she  is  manned  and  navigated  as  pirates. 

The  United  States,  therefore,  cannot  admit  that  the  Sumter  is  a  ship 
of  war  or  a  privateer,  and  so  entitled  to  any  privileges  whatever,  in 
either  of  those  characters,  in  the  port  of  Curacoa ;  nor  can  they  debate 
any  such  subject  with  the  government  of  the  Netherlands.  This  will  be 
all  that  you  will  need  to  say  in  reply  to  the  whole  of  Baron  Yan  Zuylen's 
note,  except  that  portion  of  it  which  states,  rather  by  way  of  argument 


852  TREATY    OF    WASHINGTON. 

than  of  assertion,  that,  according  to  the  information  received  from  the 
governor  of  Curacoa,  (by  the  government  of  the  Netherlands,)  the  Sum- 
ter was  actually  in  distress,  and  that  functionary,  therefore,  could  not 
refuse  to  allow  the  said  vessel  to  enter  the  port. 

If  this. position  shall  be  actually  assumed  by  the  government  of  the 
Netherlands,  two  questions  will  arise :  first,  whether  the  fact  that  the  Sum- 
ter was  in  distress  was  true,  or  a  belief  of  the  truth  of  that  fact  was  the 
real  ground  upon  which  she  was  admitted  by  the  colonial  governor  into 
the  port  of  Curacoa;  secondly,  how  far  a  piratical  vessel,  roving  over 
the  seas  in  pursuit  of  peaceful  commercial  vessels  of  the  United  States, 
and  fleeing  before  their  naval  pursuit,  but  falling  into  distress  herself,  is 
entitled  to  charity  at  the  hands  of  a  State  friendly  to  the  nation  upon 
whose  commerce  her  depredations  are  directed. 

It  would  hence  be  idle  to  occupy  ourselves  with  a  discussion  of  these 
questions  until  we  know  that  the  government  of  the  Netherlands  deter- 
mines to  stand  upon  the  main  position  from  which  they  are  derived. 

You  will,  therefore,  ask  the  Baron  Van  Zuylen  for  an  explicit  state- 
ment on  this  subject.  » 

I  cannot  but  hope,  however,  that  the  government  of  the  Netherlands 
will  come  to  the  conclusion  that  it  is  wisest  and  best,  in  view  of  the 
relations  of  the  two  countries,  to  give  such  directions  ,to  its  agents  as 
will  render  further  prosecution  of  this  discussion  unnecessary,  while  it 
will  prevent  similar  injuries  in  future  to  our  national  dignity  and  honor. 
Should  it  determine  otherwise,  and  not  be  able  to  place  the  conduct  of 
the  govern  or- general  at  Curacoa  in  a  better  light  than  it  has  already 
done,  it  will  become  necessary  to  consider  what  means  we  can  take  to 
protect,  in  the  ports  of  the  Netherlands,  national  rights  which  cannot 
be  surrendered  or  compromised. 
I  am,  &c, 
(Signed)  WILLIAM  H.  SEWAED. 


No.  16. 

Mr.  Pike  to  Mr.  Seward. 

No.  24.]  United  States  Legation, 

The  Hague,  October  23,  1861. 

Sm:  I  had  the  honor  to  transmit  to  you,  on  the  16th  instant,  the  last 
communication  of  this  government  in  respect  to  the  Sumter  case,  refer- 
ring to  the  orders  recently  given  to  its  colonial  authorities,  by  which 
the  stay  of  such  vessels  in  Dutch  ports  is  limited  to  twenty-four  hours, 
and  by  which  they  are  also  forbidden  to  take  on  board  more  than  twenty- 
four  hours'  supply  of  coal. 

Considering  these  orders  to  be  important,  I  have,  in  the  following 
copy  of  my  reply  to  the  Dutch  government,  ventured  to  express  a  quali- 
fied satisfaction  at  their  issue.  I  am  in  hopes  you  will  adopt  a  similar 
view  of  the  case,  as  I  conceive  this  government  to  be  well  disposed 
toward  the  United  States,  and  to  consider  that  it  has  strained  a  point 
in  our  favor. 

I  doubt  if  England  or  France  will  do  anything  of  the  sort ;  but  the 
course  of  Holland  will,  at  least,  furnish  excellent  grounds  for  some  per- 
tinent questions  in  case  they  decline. 

I  have  informed  Mr.  Adams,  aud  also  Mr.  Dayton  and  Mr.  Schurz,  of 


BRITISH    CASE    AND     PAPERS.  853 

the  final  action  of  this  government  in  this  case.    The  copy  ot  my  note 
follows,  (to  Baron  Van  Zuylen:) 

United  States  Legation, 

The  Hague,  October  22,  1861. 

Sir:  In  reply  to  your  communication  of  the  15th  instant,  which  I  have  had  the  honor 
to  receive,  I  take  pleasure  in  assuring  your  excelleucy  that  it  has  been  far  from  my 
purpose  to  say  anything  at  any  time  which  should  occasion  painful  impressions  on  the 
part  of  His  Majesty's  government,  or  to  use  language  marked  by  impatience  or  irrita- 
tion at  the  course  of  the  government  of  the  Netherlands.  But,  while  making  this  dis- 
claimer, frankness  compels  me  to  add  that  I  should  not  know  in  what  more  moderate 
terms  to  express  my  sentiments  than  those  I  have  had  the  honor  to  employ  in  address- 
ing His  Majesty's  government. 

I  desire  further  to  say,  in  respect  to  that  part  of  your  excellency's  communication 
which  refers  to  the  recent  orders  given  to  the  Dutch  colonial  authorities  not  to  permit 
vessels  engaged  in  pirating  upon  United  States  commerce  to  remain  in  their  ports  more 
than  twenty-four  hours,  and,  when  steamers,  not  to  be  furnished  with  more  than 
twenty-four  hours'  supply  of  fuel,  that,  while  I  receive  the  announcement  with  satis- 
faction, it  is  qualified  by  deep  regrets  at  the  position  His  Majesty's  government  thought 
proper  to  take  in  placing  the  misguided  persons  iii  rebellion  against  the  United  States 
on  a  footing  of  equality,  in  a  most  important  respect,  with  the  Government  to  which 
they  owe  obedience ;  for,  though  the  orders  in  question  deny  shelter  and  aid  to 
[740]  pirates,  it  is  impossible  to  regard  with  ^complacency  the  fact  that  the  exclusion 
operates  equally  against  the  vessels  of  the  United  States,  denying  to  them  that 
accustomed  hospitality  ever  accorded  by  friendly  nations. 

Abstaining,  however,  now  as  heretofore,  from  any  discussion  on  this  topic  while 
awaiting  the  reply  of  my  Government  to  your  communication  of  the  17th  of  September, 
I  will  only  add  that  I  feel  assured  the  United  States  Government  will  fully  share  these 
regrets,  and  I  can  only  hope  will  not  impeach  my  expressions  of  satisfaction  at  the 
orders  which  you  inform  me  have  been  given  in  accordance  with  the  rule  of  action 
laid  down  in  that  paper,  notwithstanding  the  position  falls  so  far  short  of  that  which 
the  United  States  have  confidently  expected  Holland  would  occupy  on  this  question. 
I  pray,  &e. 

I  have  had  the  honor  to  receive  your  dispatch  of  the  4th  of  October, 
No.  24,  relative  to  the  Sumter  at  Paramaribo,  to  which  subject  I  have 
already  given  my  attention. 

I  have,  &c, 

(Signed)  JAMES  S.  PIKE. 


No.  17. 

Mr.  Seward  to  Mr.  PiJce. 

No.  28.]  Department  of  State, 

Washington,  October  30,  1861. 
Sir  :  Your  dispatch  of  October  9  (No.  20)  has  been  received.  We  wait 
with  much  interest  the  result  of  your  application  to  the  government  of 
the  Netherlands  for  explanations  of  the  hospitalities  extended  by  its 
colonial  authorities  to  privateers. 
I  am,  &c, 
(Signed)  WILLIAM  H.  SEWABD. 


No.  18. 

Mr.  Seward  to  Mr.  Pike. 

No.  29.]  Department  of  State, 

Washington,  November  2,  1861. 
Sir:  Your  dispatch  of  October  12  (No.  22)  has  been  received.  I  learn 


854  TREATY    OF   WASHINGTON. 

with  much  pleasure  that  you  have  assurances  which,  although  in- 
formal, lead  you  to  expect  that  a  satisfactory  course  will  be  adopted  by 
His  Majesty's  government  in  regard  to  the  exclusion  of  privateers  from 
the  ports  of  the  Netherlands.  Awaiting  with  some  solicitude  more  defi- 
nite information, 

I  am,  &c, 

(Signed)  WILLIAM  H.  SEWARD. 


No.  19. 

No.  25.]  Mr.  Pike  to  Mr.  Seward. 

[Extract.] 

United  States  Legation, 
The  Hague,  November  6,  1861. 
I  duly  received  your  dispatch  (No.  25)  of  the  10th  of  October,  but  have 
nothing  by  the  last  mail.    I  await  your  response  to  the  communication 
of  Mr.  Van  Zuylen  of  the  17th  of  September  last. 

I  have  the  honor  to  inclose  you  the  reply  of  the  minister  of  foreign 
affairs  to  my  note  of  the  22d  of  last  month,  a  copy  of  which  I  forwarded 
to  you  in  my  last. 


[Inclosure  in  No.  19.] 

M.  Van  Zuylen  to  Mr.  Pike. 

[Translation.] 

The  Hague,  October  29,  1861. 

Sir  :  I  have  had  the  honor  to  receive  your  letter  of  the  22d  of  this  month,  relative  to 
the  affair  of  the  Sumter,  and  it  has  been  gratifying  to  me  to  learn  from  its  tenor  that 
you  have  received  with  satisfaction  the  information  as  to  the  measures  adopted  by  the 
government  of  the  Low  Countries  to  prevent  the  return  or  the  prolonged  stay  in  its 
ports  of  vessels  which,  like  the  Suinter,  seemed  to  desire  to  use  them  as  the  base  of  their 
operations  against  the  commerce  of  the  adverse  party. 

You  regret  only  that  the  government  of  the  King  should  have  adopted  the  same  treat- 
ment toward  the  war-vessels  of  the  seceding  States  and  those  of  the  United  States. 

Without  entering  here  into  an  extended  discussion,  rendered,  moreover,  almost 
superfluous  by  my  two  preceding  communications,  I  shall  merely  permit  myself,  sir, 
referring  to  their  contents,  to  cause  you  to  observe  that,  agreeably  to  the  doctrine  of 
the  best  publicists,  neutrality  imposes  upon  those  nations  which  desire  to  enjoy  its 
benefits  a  complete  abstention  from  all  that  could  establish  a  difference  of  treatment 
between  the  belligerent  parties,  and  that  this  principle  applies  as  well  to  the  cases  of 

civil  war,  or  even  of  rebellion,  as  to  that  of  an  ordinary  war. 
[741]  *Your  Government  having  desired  that  measures  should  be  taken  to  prevent  a 
prolonged  stay  in  our  ports  of  the  Sumter,  or  of  other  vessels  of  war  of  the 
seceding  States,  we  have  admitted  the  justice  of  this  claim.  But  these  measures  could 
not  reach  exclusively  one  of  the  two  parties  ;  they  were  to  be  general,  and  the  conse- 
quence of  it  is,  that  the  new  instructions  given  to*the  governors  of  Curacoa  and  of 
Surinam  neither  permit  the  vessels  of  war  of  the  United  States,  except  in  the  case  of 
being  compelled  to  put  into  a  port,  to  sojourn  in  the  ports  of  the  Netherlands  in  the 
West  Indies  for  a  longer  time  than  twice  twenty-four  hours,  and  not  for  only  twenty- 
four  hours,  as  you  seem  to  believe. 

Nevertheless,  the  privateers,  with  or  without  their  prizes,  are,  as  heretofore,  excluded 
from  the  Netherlands'  ports ;  and  it  is  by  an  oversight,  which  I  hasten  to  rectify,  that 


BRITISH    CASE   AND    PAPERS.  855 

the  words  "  and  the  privateers  "  have  been  introduced  into  that  part  of  my  communi- 
cation of  the  15th  of  this  month  which  calls  your  attention  to  the  instructions  trans- 
mitted to  the  colonial  authorities. 

Be  pleased,  &c, 

(Signed)  DE  ZUYLEN  DE  NIJEVELT. 


No.  20. 

No.  31.]  Mr.  Seward  to  Mr.  Pike. 

Department  of  State, 

Washington,  November  11,  1861. 

Sir  :  Your  dispatch  (No.  24)  dated  October  23  has  been  received. 

I  learn  from  it  that  the  government  of  the  Netherlands  has  made  an 
order  which  will,  it  is  hoped,  practically  prevent  the  recurrence  of  such 
countenance  and  favor  to  pirates  in  the  ports  of  that  state  as  we  have 
heretofore  complained  of.  You  will  express  to  Baron  Zuylen  our  satis- 
faction with  this  proceeding,  viewed  in  that  light,  but  you  will  be  no 
less  explicit  in  saying  that  this  Government  by  no  means  assents  to  the 
qualifications  affecting  its  claims  as  a  sovereign  power  upon  the  Nether- 
lands by  which  the  proceeding  is  qualified. 

Not  only  are  we  not  seeking  occasions  for  difference  with  any  foreign 
powers,  but  we  are,  on  the  other  hand,  endeavoring  to  preserve  amity 
and  friendship  with  them  all,  in  a  crisis  which  tries  the  magnanimity  of 
our  country.  Influenced  by  these  feelings,  I  can  only  hope  that  no  new 
injury  or  disrespect  to  our  flag  may  occur  in  the  ports  of  the  Nether- 
lands, to  bring  the  action  of  their  government  again  under  review  by 
us. 

I  am  directed  by  the  President  to  express  his  approval  of  the 
diligence  and  discretion  you  have  practiced  in  this  important  transac- 
tion. 

I  am,  &c, 

(Signed)  WILLIAM  H.  SEWAKD. 


No.  21. 

No.  32.]  *    Mr.  Seward  to  Mr.  Pike. 

Department  of  State, 

Washington,  November  11.  1861. 
Sir  :   Your  dispatch  of  October  16  (No.  23)  has  been  received.    It 
contains  the  reply  of  Mr.  de  Zuylen  to  the  note  you  had  addressed  to 
him  on  the  subject  of  the  Sumter  at  Paramaribo. 

In  another  paper  I  have  already  communicated  the  President's  views 
of  the  disposition  of  that  subject  made  by  the  government  of  the 
Netherlands,  so  that  nothing  remains  to  be  said  on  the  subject 
which  you  have  had  occasion  to  discuss  in  the  dispatch  now  before 
me. 

I  am,  &c, 

(Signed)  WILLIAM  H.  SEWARD. 


856  TEE  AT  Y    OF   WASHINGTON. 

No.  22. 

No.  33.]  Mr.  Seicard  to  Mr.  Pike. 

Department  of  State, 

Washington,  November  23,  1861. 
Sir  :  Your  dispatch  of  November  6  (No.  25)  has  just  been  received. 
I  have  already  anticipated  and  disposed  of  the  principal  subject  which 
it  presents. 

Felicitate  the  government  of  the  Netherlands  as  we  felicitate  our- 
selves on  the  renewed  auguries  of  good  and  cordial  relations  between 
friends  too  old  to  be  alienated  thoughtlessly,  or  from  mere  impa- 
tience. 

I  am,  &c, 

(Signed)  WILLIAM  H.  SEWAED. 


END  OF  VOL.  II. 


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